On the official portal of draft regulatory legal acts, the Ministry of Culture of the Russian Federation posted a draft Federal Law "On Amendments to the Federal Law" On Cultural Heritage Objects (monuments of history and culture) of peoples Russian Federation"and certain legislative acts of the Russian Federation".

The draft law, as conceived by the developer, is aimed at improving the procedure for exercising state supervision in the field of protection of cultural heritage sites.

The commentary of the Head of the Legal Service of the Moscow Patriarchate, Abbess Xenia (Chernega) was published in the September issue (No. 5, 2017).

The bill provides for the establishment of public control over the preservation, use, maintenance and promotion of cultural heritage sites. The implementation of such control, according to the plan of the developers of the bill, is delegated to public organizations through the public inspections they create. Members of such inspectorates, if the bill is passed, will have the right to freely visit and inspect cultural heritage sites. The draft law does not take into account the fact that if the inspected object of cultural heritage is owned by a religious organization, it is necessary to take into account the mode of worship and other religious activities, as well as the possibility of using technical means of communication, audio, photo and video recording, means of technical and instrumental control.

In addition, there is no provision for the right of religious organizations to act as founders of newly created public inspections. At the same time, the draft law excludes the possibility of including in the composition of public inspections persons who are in labor or civil law relations with the owners of cultural heritage objects.

Obviously, the draft Federal Law “On Amendments to the Federal Law “On Cultural Heritage Objects” and Certain Federal Laws” cannot be supported in the current wording.

Russian Orthodox Church proposes to remove objects of cultural heritage owned or used by religious organizations free of charge from the rules of public control. With the blessing of His Holiness the Patriarch, appropriate amendments have been developed, according to which compliance with the legislation in the field of protection of such cultural heritage sites should be controlled exclusively by state inspectors in the field of protection of cultural heritage sites, who, in the exercise of their powers, can visit and inspect cultural heritage sites owned or use of religious organizations, only with their consent and subject to their internal regulations. In addition, according to the amendments we proposed, the technical means necessary for conducting inspections, including means of communication, audio, photo and video recording, as well as means of technical and instrumental control at facilities owned (used) by religious organizations, and on their territories can be used by state inspectors only with the consent of the relevant religious organizations and taking into account the regime for performing religious rites.

Patriarchy.ru

Other documents

About the state duty for registration of rights to real estate

Exclusion of draft security obligations from the list of documents substantiating the right of a religious organization to receive religious property

Is it possible to avoid paying the state fee for registration of contracts for the gratuitous use of cultural heritage sites? Commentary of the Legal Service of the Moscow Patriarchy

Statement of the St. Petersburg diocese in connection with the transfer of St. Isaac's Cathedral to the Russian Orthodox Church

Our region has a rich historical and cultural heritage. These are ancient settlements and burial grounds, rock carvings in the Yashkinsky district, the historical and architectural complex of the historical center of Mariinsk, old Kuznetsk, monuments of history and architecture of the Soviet period.

Over 1,200 monuments of history and culture are under state protection in the Kemerovo region, including about 300 monuments of architecture and urban planning, more than 150 historical monuments, 31 monuments monumental art, almost 800 archeological monuments.

Giving an official status to objects of historical and cultural heritage ensures the legal regulation of relations in the field of their preservation and use, in the event of property relations and repair and restoration work.

The issues of preserving cultural heritage are regulated by the Federal Law of June 25, 2002 No. 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation", in the Kemerovo region - by the Law of February 8, 2006 No. 29-OZ "On objects of cultural heritage (monuments of history and culture) in the Kemerovo region.

The executive authority of the Kemerovo region, authorized in the field of conservation, use, promotion and state protection of cultural heritage sites, is the Department of Culture and National Policy of the Kemerovo region. By order of the Governor of the Kemerovo region dated March 15, 2007 No. 23-rg “On the scientific and methodological council for cultural heritage objects of the Kemerovo region”, a scientific and methodological council was created, which included highly qualified specialists in the field of architecture, archeology, history and monumental art.

In order to increase the effectiveness of activities in the field of cultural heritage preservation, the Decree of the Collegium of the Administration of the Kemerovo Region dated December 23, 2009 No. 1190-r approved the Concept for the Preservation of the Cultural Heritage of the Kemerovo Region. bodies state power and local self-government, owners and users of historical and cultural monuments take a system of measures aimed at preventing damage and destruction, as well as preserving cultural heritage sites.

To preserve the urban environment and natural landscape, zones of protection of cultural heritage sites are established. The network of museum-reserves continues to develop in the region. Thus, in the Tashtagol region, municipal institution culture - the Museum "Three Rivers", in the city of Mariinsk - the municipal institution of culture "Museum-Reserve Historical Mariinsk", whose tasks include the preservation and promotion of cultural heritage, as well as the development of educational and excursion activities.

The active development of the economy of our region obliges us to treat the most ancient objects of cultural heritage - archeological monuments - with more care. In accordance with the legislation of the Russian Federation, the economic development of land should be preceded by a historical and cultural expertise to identify the presence or absence of archaeological sites.

Repair and restoration work was carried out on the buildings-monuments of architecture:

- "Palace of Labor" (Kemerovo College of Culture and Arts);

Drama Theater (Novokuznetsk), "The House of the Merchant Pyankov" (Museum of the History of Peasant Life - the village of Krasnoe, Leninsk-Kuznetsk District);

The building of the plant management of the Novokuznetsk metallurgical plant, the Palace of Culture and Technology of the KMK, the Theater of Metallurgists (Novokuznetsk);

Palace of Culture of Metallurgists (Guryevsk).

Work has been carried out to repair and improve the territories of historical monuments and monumental art. Design documentation for the restoration of the monument of federal significance “Palace of Culture named after A.I. Artem” (Prokopyevsk), a monument of regional significance “School of the Kemerovo mine (Kemerovo).

The cultural layer of the fortress of the XIII-XVI centuries, with the remains of fortress walls and towers, is included in the unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation. The Ostrov fortress was the only fortress in the Russian state, located on a natural island formed by two branches of the river. Great, which gave the city its name.
On the territory of the cultural heritage site "Cultural Layer of the Fortress", a regime of lands of historical and cultural purpose is established, in which it is allowed to carry out the work necessary to ensure the safety and conservation of the cultural heritage site, as well as to carry out development activities museum complex and works on the reconstruction of valuable objects of historical planning and development.
Currently, the preserved remains of the fortress walls and towers are being destroyed under the influence of the roots of trees and shrubs growing on them, the territory of the cultural layer is in a neglected state and is not used. In order to preserve the CHO, it is necessary to carry out a landscape "rehabilitation" of visually perceived elements that are part of the archaeological complex (the eastern part of the island).
The essence of the project consists in fencing the territory, clearing it and the mothballed remains of the fortress walls and towers from thickets of trees and shrubs, arranging walking paths, decorative flower beds and installing benches for rest.
The implementation of the project will serve to preserve valuable objects of historical planning and development, to preserve both the cultural layer of the fortress itself and the cultural heritage sites located in the immediate vicinity. It will make the territory of the historical center of the city of Ostrov more attractive for tourists, will lead to an increase in the tourist flow, and improve the tourist opportunities of the region. The recreational area in the historical center of the city will be in demand by both local residents and guests of the city, will make the historical center cultural center with family entertainment options.

Goals

1. Preservation, popularization and use of a cultural heritage site, creation of an integral natural and cultural archaeological ensemble with high quality scientific-cognitive and aesthetic-demonstrational nature

Tasks

1. Landscape "rehabilitation" of the cultural layer of the fortress of the XIII-XVI centuries, visually perceived and included in the archaeological complex. elements (parts of the fortress wall, elements of fortress towers) by clearing the territory from thickets of trees and shrubs.
2. Creation of a recreational zone on the territory of the object "Cultural layer of the fortress of the XIII-XVI centuries." due to the fencing of the territory, walking paths, decorative flower beds, installation of benches for rest.

Substantiation of social significance

Cultural heritage represents the main mode of existence of culture. Any loss of heritage will inevitably affect all areas of the life of present and future generations, lead to spiritual impoverishment, breaks in historical memory, and impoverishment of society as a whole. Revealing, studying, preserving, using and popularizing cultural and natural heritage is an important step in preserving historical memory.
As a result of archaeological excavations in 1975, conducted by A.N. Kirpichnikov on the territory of the cultural layer of the fortress of the XIII-XVI centuries. in the city of Ostrov, Pskov region, the remains of monumental fortification architecture were discovered. Some of the exposed architectural remains have been preserved and conserved with sand and soil backfill after the excavations are completed. At present, the eastern part of the island with the remains of fortress walls and towers is in a state of disrepair.
One of the main objectives of the project is the desire to create a holistic natural and cultural archaeological ensemble, with high qualities not only of scientific and educational, but also of aesthetic and demonstration nature. Demonstration of the cultural layer of the fortress in the context of synchronous historical and cultural objects of the nearest district and in the unity of the historical and cultural landscape (the unity of man and nature) will create a unique look for the monument, as harmonious elements of the existing natural and cultural complex.
The consignment " United Russia"launched the Parks of Small Towns project. The main goal is to create a comfortable urban environment. Victory Park in Ostrov was included in this program and the project will begin in the near future. The territory of the cultural layer of the fortress with unique monuments located on it (the Church of St. Nicholas the Wonderworker (XVI century); two spans of a suspension chain bridge (1853), built by the Decree of Emperor Nicholas I - the only two-span transport suspension bridge preserved in Europe mid-nineteenth century, built according to the project of M.Ya. Krasnopolsky.) is also located in the city center. The improvement of this territory will be an addition to the project "Parks of small towns", which will serve the development of social and cultural space, make it more comfortable, modern and visited place for mass recreation.
The implementation of the project will assist activities aimed at the protection and restoration of objects and territories of historical, religious and cultural significance.

Project geography

The Charter of the organization specifies the specific territory of its activity - on the territory of the Pskov region. Taking into account the peculiarities of this project, its implementation will allow preserving and popularizing the cultural heritage site included in the unified state register of cultural heritage sites of the peoples of the Russian Federation and popularizing it not only for residents of the region, but also for tourists from all regions, as well as foreign citizens.

Draft regulation "on the conservation, use, promotion of cultural heritage sites (monuments of history and culture) owned by the Mikhailovsky municipal district, protection of cultural heritage sites (monuments of history and culture) of local (municipal) significance located on the territory of the Mikhailovsky municipal district"

(date of commencement of acceptance of conclusions on the results independent expertise- February 3, 2015)
(the deadline for accepting conclusions based on the results of an independent examination is February 13, 2015)

Project

Position

on the preservation, use, promotion of cultural heritage

(monuments of history and culture) owned by

Mikhailovsky municipal district, protection of cultural heritage sites

(monuments of history and culture) of the local

(municipal) significance, located on the territory

Mikhailovsky municipal district

1. General Provisions

1.1. This Regulation has been developed in accordance with federal law dated October 6, 2003 No. 131-FZ “On general principles local self-government organizations in the Russian Federation”, federal law dated 06/25/2002 No. 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation", Fundamentals of the legislation of the Russian Federation on culture dated 09.10.1992 No. 3612-1, Law of Primorsky Territory dated 01/08/2004 No. 98-KZ "On the protection of cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation on the territory of the Primorsky Territory", the Charter of the Mikhailovsky Municipal District.

1.2. This Regulation is aimed at exercising the powers of the administration of the Mikhailovsky municipal district in the field of protection, conservation, use, and promotion of cultural heritage objects (monuments of history and culture) of the Mikhailovsky municipal district.

1.3. The following terms are used in this Regulation:

Objects of cultural heritage of local (municipal) significance - objects of historical, architectural, artistic, scientific and memorial value, having special meaning for the history and culture of the municipality.

The objects of cultural heritage (monuments of history and culture) of the Mikhailovsky municipal district include real estate objects with related works of painting, sculpture, arts and crafts, objects of science and technology and other items material culture, which have arisen as a result of historical events, which are of value from the point of view of history, archeology, architecture, urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture and are evidence of epochs and civilizations, true sources of information about the origin and development of culture.

Cultural heritage objects are divided into the following types:

monuments - individual buildings, buildings and structures with historically developed territories (including religious monuments); memorial apartments; mausoleums, individual burials; works of monumental art; objects of science and technology, including military ones; traces of human existence partially or completely hidden in the ground or under water, including all movable objects related to them, the main or one of the main sources of information about which are archaeological excavations or finds (hereinafter - objects of archaeological heritage);

ensembles - groups of isolated or combined monuments, buildings and structures of fortification, palace, residential, public, administrative, commercial, industrial, scientific, educational purposes, as well as monuments and structures of religious purpose, clearly localized in historically developed territories, including fragments of historical planning and buildings that can be classified as urban planning ensembles; works landscape architecture and gardening art (gardens, parks, squares, boulevards), necropolises;

places of interest - creations created by man, or joint creations of man and nature, including places of existence of folk art crafts; fragments of urban planning and development; memorable places, cultural and natural landscapes associated with historical (including military) events, the lives of prominent historical figures; cultural layers, places of religious rites.

Preservation of cultural heritage objects - repair and restoration work aimed at ensuring the physical safety of a cultural heritage object, including conservation of a cultural heritage object, repair of a monument, restoration of a monument or ensemble, adaptation of a cultural heritage object for modern use, as well as research, survey, design and production work, scientific and methodological guidance, technical and architectural supervision.

Use of cultural heritage objects - exploitation of cultural heritage objects without changing their characteristics for the development of science, education and culture, patriotic, ideological, moral and aesthetic education of the population, as well as for economic and other purposes, if this does not damage the safety of cultural heritage objects and does not violate their historical and artistic value.

Popularization of cultural heritage objects - the widespread dissemination of knowledge and information about cultural heritage objects, ensuring public accessibility, ensuring accessibility to this knowledge and information, first of all, the disclosure of information and data on the intangible components of cultural heritage, including through digital, electronic networks, media, including traditional means of transmission of data, collective and individual knowledge, memory and experience, transmission of culture and cultural skills through books, newspapers, magazines, other media, television and radio.

2. Powers of local governments

in the field of conservation, use, promotion

and protection of cultural heritage sites

The powers of local governments in the field of conservation, use, promotion and protection of cultural heritage sites include:

2.1. Powers of the Duma of the Mikhailovsky municipal district:

1) adopt municipal legal acts in the field of conservation, use and promotion of cultural heritage objects owned by the Mikhailovsky municipal district, as well as in the field of protection of cultural heritage objects of municipal significance;

2) approves the list of cultural heritage objects of municipal significance to be included in the register of cultural heritage objects;

3) approves the budget in terms of financing the conservation, use, promotion, protection of cultural heritage sites;

4) exercise other powers established by the legislation of the Russian Federation in the field of conservation, use and promotion of cultural heritage objects (historical and cultural monuments) owned by the municipality, protection of cultural heritage objects of municipal significance.

2.2. Powers of the administration of the Mikhailovsky municipal district:

1) carries out accounting, certification of objects of cultural heritage of municipal significance;

2) forms proposals for the inclusion of cultural heritage objects in the unified state register of cultural heritage objects and their exclusion from the register;

3) preservation, use and popularization of cultural heritage objects owned by settlements or urban districts;

4) determination of the procedure for organizing a historical and cultural reserve of local (municipal) significance.

3. Protection of cultural heritage sites

3.1. Cultural heritage objects on the territory of the Mikhailovsky municipal district are subject to protection in order to prevent their damage, destruction or destruction, change in appearance and interior, violation of the established procedure for their use, movement and prevention of other actions that could harm cultural heritage objects, as well as in order to protect them from adverse effects environment and other negative influences.

3.2. The protection of cultural heritage sites includes:

1) compliance monitoring legislation in the field of protection and use of cultural heritage sites;

2) accounting for objects that have the characteristics of an object of cultural heritage in accordance with applicable law;

3) establishing liability for damage, destruction or destruction of a cultural heritage object, moving a cultural heritage object, causing damage to a cultural heritage object, changing the appearance and interior of this cultural heritage object, which are the subject of protection of this cultural heritage object;

4) coordination, in the cases and in the manner established by the Federal Law, of projects for zones of protection of cultural heritage sites, land management documentation, town planning regulations, as well as decisions of federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments on the provision of land and changing their legal mode;

5) control over the development of urban planning regulations, which should provide for measures to ensure the maintenance and use of cultural heritage objects in accordance with the requirements of Federal legislation;

6) development of projects for zones of protection of cultural heritage sites;

7) issuance, in cases established by the Federal Legislation, of permits for carrying out land management, excavation, construction, land reclamation, economic and other works;

8) coordination, in the cases and in the manner established by the Federal Legislation, of carrying out land management, excavation, construction, reclamation, economic and other works and projects for carrying out these works;

9) issuance, in the cases established by this Federal Law, of permits for carrying out work to preserve a cultural heritage object;

10) establishing the boundaries of the territory of a cultural heritage object as an object of urban planning activities of special regulation;

11) installation of information inscriptions and signs on cultural heritage sites;

12) control over the state of objects of cultural heritage;

3.3. Protected zone - a territory within which, in order to ensure the safety of a cultural heritage site in its historical landscape environment, a special land use regime is established that restricts economic activity and prohibits construction, with the exception of the application of special measures aimed at preserving and regenerating the historical, urban or natural environment cultural heritage site.

The development and economic activity regulation zone is a territory within which a land use regime is established that restricts construction and economic activity, and requirements for the reconstruction of existing buildings and structures are determined.

3.4. The boundaries of cultural heritage protection zones, land use regimes and urban planning regulations within the boundaries of these zones are approved on the basis of the project of cultural heritage protection zones in relation to cultural heritage objects of federal significance - by the state authority of the constituent entity of the Russian Federation in agreement with the federal body for the protection of cultural heritage objects, and in relation to objects of cultural heritage of regional significance and objects of cultural heritage of local (municipal) significance - in the manner prescribed by the laws of the constituent entities of the Russian Federation.

3.5. Designing and carrying out land management, excavation, construction, reclamation, economic and other works on the territory of a monument or ensemble are prohibited, with the exception of work to preserve this monument or ensemble and (or) their territories, as well as economic activities that do not violate the integrity of the monument or ensemble and not creating a threat of their damage, destruction or destruction.

4. Preservation of the object of cultural heritage

4.1. Preservation of a cultural heritage object - repair and restoration work aimed at ensuring the physical safety of a cultural heritage object, including conservation of a cultural heritage object, repair of a monument, restoration of a monument or ensemble, adaptation of a cultural heritage object for modern use, as well as research, survey, design and production work, scientific and methodological guidance, technical and architectural supervision.

4.2. Monument repair - research, survey, design and production work carried out in order to maintain the monument in operational condition without changing its features that make up the subject of protection.

4.3. Restoration of a monument or ensemble - research, survey, design and production work carried out in order to identify and preserve the historical and cultural value of a cultural heritage object.

4.4. The issuance of a permit and assignment for carrying out work on the preservation of a cultural heritage object and a permit for carrying out work on the preservation of a cultural heritage object, as well as the coordination of project documentation for carrying out work on the preservation of a cultural heritage object is carried out in relation to cultural heritage objects of regional significance and cultural heritage objects of local ( municipal) significance, identified objects of cultural heritage - in the manner prescribed by the law of the subject of the Russian Federation or municipal legal act.

5. Features of possession, use

and disposal of the object of cultural heritage

5.1. Objects of cultural heritage, regardless of the category of their historical and cultural significance, may be in federal property, property of the constituent entities of the Russian Federation, municipal property, private property, as well as in other forms of property, unless a different procedure is established by federal law.

5.2. Features of possession, use and disposal of a cultural heritage object included in the register and an identified cultural heritage object are determined federal law dated June 25, 2002 No. 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation", civil law Russian Federation, urban planning legislation Russian Federation, land legislation Russian Federation.

5.3. Religious cultural heritage objects may be transferred into ownership only to religious organizations in the manner prescribed by the legislation of the Russian Federation.

6. Sources of funding for activities

for the preservation, use, promotion

and protection of cultural heritage sites

6.1. Sources of funding for conservation, promotion and state protection of cultural heritage sites are:

1) the federal budget;

2) budgets of subjects of the Russian Federation;

3) off-budget receipts;

4) local budgets.

6.2. Financing of measures for the preservation, promotion and state protection of cultural heritage objects at the expense of funds received from the use of cultural heritage objects owned by the constituent entities of the Russian Federation and municipal property included in the unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation , and (or) identified objects of cultural heritage, is carried out in the manner determined by the laws of the Primorsky Territory of the Russian Federation and regulatory legal acts bodies of local self-government of the Mikhailovsky municipal district within the limits of authority.

Cultural heritage is a spiritual, cultural, economic and social capital of irreplaceable value. Heritage feeds modern science, education, culture. Along with natural resources, this is the main basis for national self-respect and recognition by the world community. Modern civilization has realized the highest potential of cultural heritage, the need for its conservation and efficient use as one of the most important resources of the world economy. The loss of cultural values ​​is irreplaceable and irreversible.

According to federal law RF “On objects of cultural heritage of the peoples of the Russian Federation” the objects of cultural heritage of the peoples of the Russian Federation include real estate objects with related works of painting, sculpture, arts and crafts, objects of science and technology and other objects of material culture that arose as a result of historical events that are of value in terms of history, archeology, architecture, urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture and which are evidence of eras and civilizations, genuine sources of information about the origin and development of culture.

One of the main activities of the body for the protection of cultural heritage is the promotion of historical and cultural monuments.

The popularization of cultural heritage objects is understood as activities that are aimed at organizing their accessibility to everyone and perception by everyone, spiritual, moral and aesthetic education of people, raising their educational level and organizing leisure activities, as well as other activities that contribute to the implementation of state protection, conservation and use cultural heritage site.

Popularization of cultural heritage objects is aimed at realizing the constitutional right of every citizen of the Russian Federation to have access to cultural property, the constitutional obligation to take care of the preservation of historical and cultural heritage, to protect historical and cultural monuments.

Promotion includes the following:

1. implementation of public accessibility of immovable cultural heritage by its owners and users;
2. inclusion in tourism activities of cultural heritage sites and their territories;
3. coverage of issues of state protection, conservation and use of objects in the media, including the release of popular information and reference and advertising publications, the creation of television and radio programs, films and videos dedicated to immovable cultural heritage;
4. study of issues of state protection, conservation, use and promotion of cultural heritage objects as part of educational programs all levels;
5. preparation and holding of scientific and practical conferences, seminars, thematic exhibitions and presentations on the issues of state protection, conservation and use of cultural heritage sites;
6. creation and maintenance of information resources on the Internet on issues of cultural heritage;
7. other activities referred to by law as promotion.

It is known that the population not only uses objects of cultural heritage, but also forms the criteria for attitude towards them. If the concept of the historical and cultural significance of monuments is blurred or lost in the minds of citizens, then the activity for their protection turns into a sum of events without perspective.

The opportunity to get acquainted with the best examples of cultural heritage is undoubtedly one of the most effective forms of popularization of cultural heritage and deserves all possible support and development.

In addition, an integrated approach to the popularization of cultural heritage sites involves the inclusion of adolescents and young people in socially significant activities, which ensures their access to cultural heritage sites and is an effective means of self-realization for young people. A programmatic approach to the promotion of cultural heritage objects seems to be the only possible one and will allow to concentrate financial resources on holding specific works on specific objects of cultural heritage.

In order to popularize the cultural heritage among young people, which will be carried out by state authorities, local governments, public organizations, mass media, it is necessary to develop a series of programs, youth projects, materials that will be aimed at popularizing the cultural heritage; ensure the interest of young people in the field of journalism, which is dedicated to historical and cultural heritage; focus on the need for a unified public policy in the sphere of popularization of the cultural heritage of Russia.

Thus, we can conclude that today it is time to study, popularize, and preserve the cultural heritage of Russia. The fate of our country and the future of Russia already depends on our views, the actions of young people, our attitude towards our Fatherland.