An appendix to the Parish magazine has been published on a CD titled Arrangement, Preservation and Construction of the Church. Architectural, construction and engineering solutions”.

The CD includes articles and illustrations on the arrangement, preservation, restoration and construction of new temples. The materials are intended for rectors and members of parishes whose responsibilities include these issues.

The author of most of the articles and the compiler of this publication is the architect M.Yu. Kesler, under whose leadership the Architectural and Artistic Design and Restoration Center of the Moscow Patriarchate of the ACC "Arkhkhram" developed the Code of Rules "Buildings, structures and complexes of Orthodox churches" (SP 31-103-99).

Many of the materials were published by the author on the pages of the Parish magazine and have now become difficult to access. The disc also includes other articles taken from other open sources and more fully revealing the range of issues under discussion, including the spiritual foundations and traditions of Orthodox church building. For those wishing to obtain detailed information on the issues under consideration, a list of recommended literature and Internet resources is provided.

Rich illustrative material will help users of the disk find examples of architectural solutions, elements of arrangement and decoration of temples and chapels. For selection finished project attached catalog sheets indicating the authors who can be contacted for the use of the project.

Full information about the disc is given on the website of the magazine "Prihod" www.vestnik.prihod.ru.

Legislation in the field of conservation, use and state protection of objects cultural heritage(monuments of history and culture)

Federal Law of June 25, 2002 No. 73-FZ “On objects of cultural heritage (monuments of history and culture) of peoples Russian Federation» in Art. 3 refers to objects of cultural heritage, which are immovable property of a special kind and with a special legal regime.

According to the specified article to objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, incl. for religious purposes, includes real estate objects with related works of painting, sculpture, arts and crafts and other objects of material culture that have arisen as a result of historical events, which are of value in terms of history, archeology, architecture, urban planning, art, aesthetics, social culture and are sources of information about the development of culture.

Objects of cultural heritage of religious purpose in accordance with the specified law are divided into the following types:

• monuments - individual buildings, buildings and structures with historically developed territories (churches, bell towers, chapels and other objects specially designed for worship); mausoleums, individual burials; works of monumental art; objects, the main or one of the main sources of information about which are archaeological excavations or finds (hereinafter referred to as objects of archaeological heritage);
• ensembles - groups of isolated or combined monuments, buildings, clearly localized in historically developed territories: temple complexes, monasteries, courtyards, necropolises;
• places of interest - creations created by man, or joint creations of man and nature, including fragments of urban planning and development; places of religious rites.

Cultural heritage objects are divided into the following categories of historical and cultural significance:

• objects of cultural heritage of federal significance - objects of historical, architectural, artistic, scientific and memorial value, of particular importance for the history and culture of the Russian Federation, as well as objects of archaeological heritage;
• objects of cultural heritage of regional significance - objects of historical and architectural, artistic, scientific and memorial value, which are of particular importance for the history and culture of a constituent entity of the Russian Federation;
• objects of cultural heritage of local (municipal) significance - objects of historical and architectural, artistic, scientific and memorial value, which are of particular importance for the history and culture of the municipality.

Thus, historical and cultural monuments are understood only as objects of immovable property.

However, many of the buildings and structures are in a ruined state, and it is difficult to call them historical and cultural monuments. The question arises whether the destroyed buildings are cultural monuments and what percentage of destruction is necessary in order to ascertain their complete physical destruction. It seems that this issue should be resolved in the legislation more clearly.

Objects recognized as monuments of history and culture are subject to a special legal regime and are under special legal protection. In order for an object to receive special legal protection, it must be recognized as such in the manner prescribed by law. At the same time, it should be borne in mind that there are no objective signs for recognizing them as such. Each time this issue is resolved on an individual basis based on the opinion of specialists.

Monuments of history and culture may be owned by any subject of civil rights, however, most of the monuments of history and culture are in federal state ownership. The impossibility of the state to provide adequate protection to cultural monuments is evidenced by the fact that over the past ten years, according to the Ministry of Culture, Russia has lost 346 monuments of federal significance.

In this regard, the question of the need to transfer cultural monuments from federal ownership to the ownership of other subjects of civil law has long been raised.

A special regime was established for objects of cultural heritage for religious purposes. So, according to paragraph 2 of Art. 50 of the Law on Cultural Heritage Objects, objects of cultural heritage for religious purposes may be transferred to the ownership only of religious organizations in the manner prescribed by the legislation of the Russian Federation.

On December 3, 2010, the Law “On the Transfer to Religious Organizations of Religious Property in State or Municipal Ownership” came into force. How religious organizations will carry out the proper preservation of church property transferred by the state is a question that worries not only museum workers, but also church organizations themselves.

Concern for the preservation of cultural heritage must be recognized as the task of the entire Church.

State system of protection of objects of cultural heritage (monuments of history and culture)

The state protection of cultural heritage objects in Federal Law No. 73-FZ “On Cultural Heritage Objects (Historical and Cultural Monuments) of the Peoples of the Russian Federation” means a system of legal, organizational, financial, logistical, informational and other state authorities of the constituent entities of the Russian Federation, local governments, within their competence, measures aimed at identifying, accounting, studying cultural heritage objects, preventing their destruction or causing harm to them, monitoring the preservation and use of cultural heritage objects in accordance with the Federal Law.

In accordance with Art. 8 said law religious associations has the right to assist the federal executive body specially authorized in the field of state protection of cultural heritage objects in the preservation, use, promotion and state protection of cultural heritage objects in accordance with the legislation of the Russian Federation.

Control over the safety of cultural heritage objects is carried out by the Federal Service for Supervision of Compliance with Legislation in the Sphere of Mass Communications and the Protection of Cultural Heritage, formed in accordance with the Decree of the Government of the Russian Federation of June 17, 2004 No. 301, which is federal agency executive power. It is under the jurisdiction of the Ministry of Culture and Mass Communications of the Russian Federation. According to paragraph 5.1.3 of the said resolution, it exercises state control over the preservation, use, promotion and state protection of cultural heritage sites of the peoples of the Russian Federation (monuments of history and culture), including jointly with state authorities of the constituent entities of the Russian Federation.

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

• federal budget;
• budgets of subjects of the Russian Federation;
• extrabudgetary income.

At a meeting of the working group under the President of the Russian Federation on the restoration of objects of cultural heritage for religious purposes, held on June 17, 2011 in the Kremlin, Patriarch Kirill spoke about the problem of financing the restoration of destroyed shrines in Russia. Within the framework of the federal target program "Culture of Russia (2006-2011)" 1.2-1.4 billion rubles are allocated. per year for more than a thousand only religious objects that need to be restored. In reality, the restoration of churches and monasteries requires about 100 billion rubles. Patriarch Kirill stressed that no one is asking to allocate such money in the near future, “it is necessary to correlate funding with real needs,” however, if the level of investment remains the same, then while some monuments are being restored, many others will be completely lost. Temples in ruins simply cannot wait for their turn - examples can be found in the Yaroslavl and even Moscow regions.

“As for the preservation of our cultural heritage, this, of course, is primarily the concern of the state, although responsibility should not be removed from both the Church and the relevant institutions of civil society,” the Primate emphasized at a meeting in the Kremlin.

To make the "Culture of Russia" program more effective, the Patriarch proposed to reduce the list of applications and concentrate on those objects that have already begun to be restored. “It’s better for us to finish what we started than to take on new facilities and thus put the entire program at risk,” he stressed.

The patriarch also did not rule out the possibility of highlighting other priorities when choosing churches that require restoration. For example, more attention can be paid to the restoration of temples, the history of which is tied to historical names, dates, events, suggested the Patriarch. It is also reasonable to restore monuments that have become centers of pilgrimage and tourism.

The Russian Federation maintains a unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation (hereinafter referred to as the register), containing information about cultural heritage objects.

The register is a state information system that includes a data bank, the unity and comparability of which is ensured by general principles formation, methods and forms of maintaining the register.

The information contained in the register is the main source of information about cultural heritage objects and their territories, as well as about the zones of protection of cultural heritage objects in the formation and maintenance of the state land cadastre, state urban planning cadastre, other information systems or data banks using (taking into account) this information.

In accordance with the law, the register is formed by including in it cultural heritage objects, in respect of which it was decided to include them in the register, as well as by excluding from the register of cultural heritage objects, in respect of which it was decided to exclude them from the register, in the manner established by federal law.

In accordance with the Federal Law of June 25, 2002 No. 73-FZ “On Cultural Heritage Objects (Historical and Cultural Monuments) of the Peoples of the Russian Federation”, a Code of Restoration Rules (SRP, 2007) was developed, which includes recommendations on all types of research, survey, design and production work aimed at the study and preservation of cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation, with related works of painting, sculpture, arts and crafts.

The set of restoration rules meets the requirements of the Orders of the Federal Service for Supervision of Compliance with Legislation in the Field of Cultural Heritage Protection (Rosokhrakultura).

However, the presence of such a document does not guarantee a professional approach to the restoration of cultural heritage. To protect the monuments of Russia from… restorers. Such a call was made at a press conference held in Moscow by leading experts in the domestic restoration industry. And this is not a paradox. As long as the state entrusts the restoration of masterpieces of architecture and art to non-professionals, the country's cultural heritage is under threat. The reason is the imperfection of the legislation. According to federal law No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs", adopted in 2005, a competition should be held among restoration companies. Anyone who has a license can win it, which is not so difficult to obtain. As a result, the same object is being restored by completely different organizations. There are firms that specialize in winning competitions and then subcontracting to contractors. If earlier the problem was that there was no money for restoration, and the monuments were destroyed from time to time, now there is money, but every year it goes to different companies. Masterpieces of ancient Russian architecture are dying from the too frequent change of "guardians", who, for the sake of a tidbit, reduce the time of work, underestimate prices.

The law was created in order to avoid corruption in the distribution of government orders. But in practice, it led to the emergence of one-day firms that are interested not in the preservation of monuments, but only in the development of budgets.

Speaking about the state system for the protection of monuments, I would like to start with history and understand what played the main role in the preservation of cultural heritage sites at various stages of the development of society.

How did the attitude towards antiquity develop in Russia and what explains the numerous domestic losses? In the pre-Petrine era and even in the 18th century. the concept of "monument" has not yet been formed, and the main impetus for the preservation of antiquity was religion. Antiquities, which became religious shrines, were revered and protected. Thus, thanks to the deep ecclesiastical and popular veneration of Orthodox shrines, the precious remnants of antiquity of the 11th-17th centuries have come down to us. - temples of Kyiv, Chernigov, Novgorod, Vladimir, Moscow, miraculous icons and church utensils, manuscripts and personal belongings of metropolitans, patriarchs, abbots of monasteries, etc. Despite frequent disasters, our ancestors preserved the miraculous icons of the Vladimir and Don Mother of God, closely connected with the fate of Russia and Moscow.

Many monuments of church antiquity, as well as samples of ancient weapons, jewelry, symbols of princely and royal power, household items were carefully kept in churches and monasteries, palaces, the Kremlin Armory - a kind of ancient Russian museum.

But this is only a small fraction of the total number of works of ancient Russian art. Wars, invasions of enemies, fires were a terrible scourge for Russian cities. But people themselves played a significant role in the tragic fate of ancient monuments. Sharp turns in state policy, ideological and taste preferences, as a rule, had a detrimental effect on the preservation of monuments.

The state began to deal with the protection of antiquities only from the beginning of the 18th century. Decrees of Peter I in 1718 and 1721 ordered to collect ancient items, "curious things", "which is very unusual." At the same time, the break of Peter I and his followers with centuries-old traditions, the dominance of Western European architecture led to the oblivion and destruction of entire layers of church antiquity: chapels, house churches, cemeteries. The remains of antiquity in ancient Russian cities did not attract the attention of the enlightened class. For the construction of a huge palace in the Kremlin in the 1770s. By decree of Catherine II, some churches and part of the wall with towers were demolished. At the end of the 18th - beginning of the 19th century. For the sake of the improvement of the city, the authorities destroyed dozens of churches. Russian society of that era completely broke away from ancient Russian traditions. It is no coincidence that the legislative acts of the 1820s. concerned the ancient and Muslim buildings of the Crimea. The 19th century was the time for Russian society to overcome blind imitation of the West and return to forgotten national traditions. In the era of Nicholas I, a number of decrees were issued prohibiting the destruction of fortified architecture. The theory of official nationality, the constituent parts of which were Orthodoxy, autocracy, and nationality, to a large extent contributed to awakening the interest of the general public in their past. It was in the 30s-70s. 19th century include the first attempts to restore or recreate monuments: the House of the Romanov boyars, the chambers of the Printing House, the interiors of the Terem Palace in Moscow, the chambers of the Romanovs in the Ipatiev Monastery.

The most significant role in the protection of monuments in pre-revolutionary Russia belonged to various societies, primarily the Odessa Society for the History of Antiquities (1839), the Archaeological Commission (1859), and the Moscow Archaeological Society (1864). The latter made a huge contribution to the study and protection of monuments. At the archaeological congresses held by the society (since 1869), projects for the protection of valuable structures throughout Russia were repeatedly discussed. Largely due to the activity of members of the society, various departments of the empire issued decrees prohibiting unauthorized restorations and excavations. The society also developed a classification of monuments (architecture, history, painting, writing, sculpture, etc.). The activities of the Society for the Protection and Preservation of Monuments of Art and Antiquities in Russia, founded in 1909 in St. Petersburg, were of a lesser scale. The chairman of the society was Grand Duke Nikolai Mikhailovich, members - V.V. Vereshchagin, N.K. Roerich, A.V. Shchusev, N.K. Wrangell.

Gradually towards the end of the 19th century. a network of institutions and organizations was formed in the localities, in whose activities the protection of monuments occupied an important place. Among them are local museums, provincial statistical committees (since the 1830s), church archaeological societies, committees and ancient repositories (since the 1870s), provincial scientific archival commissions (since the 1880s), societies for the study of local the edges. In most Russian provincial cities, these organizations united connoisseurs and lovers of local antiquity.

Although before the revolution it was not possible to adopt state legislation in the field of the protection of monuments of art and antiquity, thanks to public opinion and the activities of various institutions and societies, the destruction of the national heritage was generally stopped. The imperial family, the church, state institutions, city authorities, the nobility and merchants took part in the preservation of churches, monasteries, palaces, estates, fortifications, city mansions, museums and galleries.

The revolutionary upheavals of 1917, the civil war and subsequent events radically changed the attitude towards monuments of art and antiquity. The destruction of the old state system, the total nationalization and destruction of private property, the atheistic policy of the Bolshevik authorities put the monuments of antiquity in a difficult situation. The division and spontaneous pogroms of estates began, numerous monasteries and house churches were closed and occupied by various organizations, etc. It was urgent to save the priceless cultural heritage of Russia. Under the auspices of the People's Commissariat of Education (People's Commissar A.V. Lunacharsky) in 1918 - 1920. the state system of protection of monuments took shape, headed by the Department for Museum Affairs and the Protection of Monuments of Art and Antiquity (Museum Department).

Under the provincial and some county departments of public education, sub-departments or commissions for museums and the protection of monuments of art and antiquity arose. In 1918, a restoration commission was created under the leadership of I.E. Grabar, later known as the Central State Restoration Workshops, which had branches in Petrograd and Yaroslavl. Active work was launched in the first post-revolutionary years by local museums and local history societies. Unfortunately, in the new system of protection of monuments there was no place for the Moscow Archaeological Society, provincial scientific commissions, archival commissions and diocesan church-archaeological societies - all of them were abolished shortly after the revolution. The methods of protecting monuments were very different: the removal of historical and artistic values ​​from the nationalized estates, estates and monasteries and the creation of new museums on their basis; registration of architectural monuments and supervision of their condition (repair and restoration); issuance of letters of protection to owners of private collections.

The opening of museums in estates (Arkhangelsk, Kuskovo, Ostankino, Astafyevo), monasteries (Donskoy, Novodevichy, Voskresensky, in New Jerusalem) contributed to their preservation. In the 1920s the monuments of the Moscow Kremlin, Yaroslavl, Central Asia, and the Crimea were restored. A significant role in the study of local historical and cultural relics in the field was played in the 20s. local history.

Later, due to the deterioration of the political situation in the country and the ideologization of all aspects of life, an increasingly negative attitude towards the historical and cultural heritage began to appear. In the late 20's - first half of the 30's. The previously created system for the protection of monuments in the country was liquidated: the Museum Department of the People's Commissariat of Education, local provincial and district authorities for the protection of monuments were abolished, the activities of the Central State Restoration Workshops, local history societies ceased, and many museums in estates and monasteries were closed. The sale of museum art values ​​abroad has become widespread.

Everywhere, the authorities closed and demolished churches and entire blocks of old buildings for the sake of beautifying cities. Only in Moscow in the 30s. Dozens of ancient buildings and temples have disappeared, including such masterpieces as the Kitai-Gorod wall with towers and gates, Triumphal and Red Gates, Chudov and Ascension monasteries, the Cathedral of Christ the Savior, the Church of the Assumption on Pokrovka, etc.

Timid attempts to protect the monuments by legislative acts failed in the 30s. stop the wave of destruction. The Great Patriotic War caused irreparable damage to the cultural heritage of the USSR. As a result of hostilities, remarkable buildings in the Moscow region, the vicinity of Leningrad, Novgorod, Ukraine, Belarus and the Crimea were badly damaged.

However, it was during the war, and especially in the first post-war years, that the attitude towards the historical and cultural heritage changed. Various state management committees began to deal with the protection of monuments, the Department of Museums and the Protection of Monuments was formed under the Ministry of Culture, and local protection of monuments was entrusted to the departments of culture of local Soviets. In 1966, the All-Russian Society for the Protection of Historical and Cultural Monuments was formed - a public organization that brought together numerous local devotees. In the following decades, thousands of historical and cultural monuments were identified and registered, but the state allocated little money for their repair and restoration. Ideology has ceased to influence the selection of monuments. Numerous restoration workshops, museums, the State Scientific Research Institute of Restoration, the Russian Institute of Cultural Studies, etc., deal with the issues of finding and certification of monuments, their description and restoration.

Thanks to the selfless work of the restorers, monuments of ancient architecture in Kizhi, Suzdal, Vladimir, Rostov Veliky, Novgorod and other cities have returned to life. Literally from the ruins rose palaces in Pavlovsk, Petrodvorets, Pushkin near St. Petersburg. Today we have the opportunity to admire ancient Russian icons, paintings by famous masters of painting, frescoes, monumental paintings.

In recent years, in connection with the revision of the ideological principles of state policy, the return of temples and monasteries to the church, the economic development of cities, attention has been growing towards historical and cultural monuments, their restoration and rational use.

At present, we can talk about the protection of monuments as a system of legal, organizational, financial, logistical and other measures for the preservation and updating of heritage. It is carried out in order to prevent the natural destruction, damage or destruction of the monument, changing its appearance and violating the order of use.

At this stage, there are several definitions of the concept of "monument", considering it from a historical and legal aspect:

A sign that refers to a certain phenomenon that took place in the past, for the implementation of the act of transferring or updating socially significant information.

A status given to cultural and natural heritage sites of particular value to society.

In accordance with 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", monuments are divided into: single objects, ensembles and places of interest.

By form of ownership: state, municipal and private.

Typologically, monuments are divided into:

Monuments of urban planning:

Architectural monuments:

Monuments of history:

Monuments of archeology:

Monuments of art:

The Russian Museum Encyclopedia states that the Intangible Heritage is a collection of forms of cultural activity of the human community based on tradition, which form a sense of identity and continuity among its members. Along with the term "non-material" in foreign museological literature, the term "intangible" is often used, emphasizing that we are talking about objects that are not materialized in an objective form.

Forms of intangible heritage.

Museum historians distinguish 3 categories of intangible cultural heritage:

Aspects of culture and traditions of a certain human community expressed in physical form (ceremonies, features of life, folklore, etc.).

Forms of expression not enclosed in physical form(language, songs, oral folk art).

Symbolic and metaphorical meanings of objects that make up the material cultural heritage.

The forms of intangible heritage include language, literature, oral epos, music, dance, games, mythology, rituals, customs, crafts, traditional forms of communication, traditional ecological representations, signs, symbols, etc.

The problem of preserving intangible heritage.

Back in the 19th century, ethnographic expeditions were carried out with the aim of fixing and recording folklore.

In the 20th century, in connection with the processes of modernization and globalization, many forms of non-material culture were doomed to oblivion and death, because in society, the attitude to the preservation of tradition, necessary for the existence of tradition, disappears. The international community has recognized that many forms of intangible heritage are now on the verge of extinction and outlined ways to preserve them in their natural environment. . In the last years of the 20th century, the fate and the problem of preserving intangible heritage objects became the center of attention of the world community. The threat of the complete disappearance of many forms of culture important for human self-identification required discussion of this problem at major international forums and the development of a number of international documents. The museum is considered today as the most important institution capable of preserving and updating many objects of intangible heritage. The inclusion of intangible heritage objects in the sphere of museum activity today requires changes in the basic museological concepts, the development of principles and methods for working with a new range of museum objects.

Currently, more and more people are talking about the problems of privatization of monuments, for Russia these problems are especially acute. This process mainly began in the 1990s, when the law on the nationalization of monuments was passed.

In 2001, the subject of protection and security duties were determined (maintenance of the object, conditions for access of citizens, the procedure and properties of restoration and other works)

What the official State Report “On the State of Culture in the Russian Federation in 2015” kept silent about

"Guardians of the Legacy"

Decree of the Government of the Russian Federation of June 29, 2015 No. 646 "On approval of the criteria for classifying cultural heritage objects included in the unified state register of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation as cultural heritage objects, ";

Decree of the Government of the Russian Federation of July 23, 2015 No. 740 "On for the state, content, preservation, use, promotion and state protection of cultural heritage objects";

Decree of the Government of the Russian Federation of September 11, 2015 No. 966 "On approval of the Regulations on unused objects of cultural heritage included in the unified state register of objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, which are in an unsatisfactory condition and belong to federal property, and on the termination of lease agreements for such objects of cultural heritage";

Decree of the Government of the Russian Federation of September 12, 2015 No. 972 "On approval objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation and on the invalidation of certain provisions of regulatory legal acts of the Government of the Russian Federation";

Order of the Ministry of Culture of Russia dated April 23, 2015 No. 1149 "On approval of the Regulations on the procedure of federal importance";

Order of the Ministry of Culture of Russia dated June 4, 2015 No. 1745 "On approval of the requirements for the preparation objects of cultural heritage";

Order of the Ministry of Culture of Russia of July 1, 2015 No. 1887 "On the implementation of certain provisions of Article 47.6 of 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";

Order of the Ministry of Culture of Russia dated July 2, 2015 No. 1905 "On approval of the procedure for carrying out work on possessing the characteristics of a cultural heritage object, and state registration of objects possessing the characteristics of a cultural heritage object";

Order of the Ministry of Culture of Russia dated July 2, 2015 No. 1906 "On object of cultural heritage";

Order of the Ministry of Culture of Russia dated July 2, 2015 No. 1907 "On approval of the procedure for the formation and maintenance of a list of identified objects of cultural heritage, the composition of the information included in this list";

Order of the Ministry of Culture of Russia of August 5, 2015 No. 2150 "On Amendments to the Regulations on Cultural Heritage Objects (Historical and Cultural Monuments) of the Peoples of the Russian Federation, approved by Order of the Ministry of Culture of the Russian Federation of October 3, 2011 No. 954";

Order of the Ministry of Culture of Russia dated August 14, 2015 No. 2218 "On approval of the form of assignment for carrying out measures to control the state of cultural heritage objects and systematic monitoring of cultural heritage objects of federal significance, the powers for state protection of which are exercised by the Ministry of Culture of Russia";

Order of the Ministry of Culture of Russia dated September 1, 2015 No. 2328 "On approval of the list of certain information about archaeological heritage sites that are not subject to publication";

Order of the Ministry of Culture of Russia dated November 27, 2015 No. 2877 "On the procedure for the transfer to the state of archaeological objects discovered by physical and (or) legal entities as a result of survey, design, excavation, construction, land reclamation, economic work specified in Article 30 of Federal Law No. 73-FZ of June 25, 2002 "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation", use of forests and other works".

In 2015, the Ministry of Culture of Russia also developed and adopted regulatory legal acts regulating:

The procedure for issuing an assignment for carrying out work to preserve an object of cultural heritage (approved by order of the Ministry of Culture of Russia dated June 8, 2016 No. 1278);

The procedure for issuing a permit to carry out work to preserve a cultural heritage site (Order of the Ministry of Culture of Russia dated October 21, 2015 No. 2625);

The procedure for the preparation and approval of project documentation for carrying out work to preserve a cultural heritage site (Order of the Ministry of Culture of Russia dated June 5, 2015 No. 1749);

Composition and order on the performance of work to preserve a cultural heritage object, the procedure for accepting work and preparing an acceptance certificate for the work performed to preserve a cultural heritage object (Order of the Ministry of Culture of Russia dated June 25, 2015 No. 1840).

Also adopted was the order of the Ministry of Culture of Russia dated November 20, 2015 No. 2834 "On approval of the Order for disabled people of cultural heritage objects included in the unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation.

In addition, in 2015, 4 of the Russian Federation in the field of preserving cultural heritage objects, developed at the initiative of the Ministry of Culture of Russia by the Technical Committee for Standardization "Cultural Heritage" under the Federal Agency for Standardization and Technical Regulation:

GOST R 55945 - 2014 "General requirements for engineering and geological surveys and research for the preservation of cultural heritage";

GOST R 56200 - 2014 "Scientific guidance and architectural supervision in the course of work on the preservation of cultural heritage objects. General provisions";

GOST R 56198 - 2014 "Monitoring of the technical condition of cultural heritage objects. Immovable monuments. General requirements";

GOST R 56254 - 2014 "Technical supervision at cultural heritage sites. Basic provisions".

Approvals and licenses

Experts. According to the State Report, as of January 1, 2016, there were 375 certified experts in conducting state historical and cultural expertise in Russia. In 2015, 4 meetings of the attestation commission were held. Of the 210 candidates who applied for the title of state experts, 161 experts were certified. The remaining 49 were denied assignment or extension of the status of an expert "due to lack of experience in the field of conservation of cultural heritage or in connection with the unfounded conclusions of the historical and cultural expertise, which was carried out by the applicants."

Restorers. Since January 1, 2015, according to the law, it has become a mandatory requirement for certification of workers performing restoration and conservation work at cultural heritage sites.

According to the State Report, the Ministry of Culture has formed an attestation commission with 6 sections (architects and engineers, industrial specialties, arts and crafts, easel painting, monumental painting, archival and library materials and graphic works).

2276 specialists were certified: 170 - in easel and monumental painting, 685 architects and engineers, 235 - in arts and crafts, 151 - in graphics, 1035 - industrial specialties.

Firms. The Ministry of Culture of the Russian Federation issued 3,139 licenses for carrying out activities to preserve cultural heritage objects - with an indefinite period of validity and 436 - the validity period of which ends in 2016.

In 2015, 1,552 applications for granting and reissuing licenses were considered, 1,190 were satisfied. Decisions on refusal were made on 362 applications.

Control and supervision

In 2015, the territorial bodies of the Ministry of Culture of Russia conducted 548 inspections, during which 535 protocols on administrative offenses were drawn up. The total amount of administrative fines imposed amounted to 15,968,000 rubles (in 2014, respectively - 520 protocols and 9,806,600 rubles).

According to the State Report, “the total amount of fines imposed compared to the previous year increased by almost 1.6 times, which indicates an improvement in the quality of the work being done to identify and suppress offenses within the competence of the Russian Ministry of Culture.”

At the same time, “there is a significant decrease in the facts of detected violations in the territories of cultural heritage objects directly protected by the Ministry of Culture of Russia.”

Within the framework of licensing control, 177 inspections were carried out (133 scheduled, 44 unscheduled). The total amount of administrative fines for this part increased from 393 thousand rubles in 2014 to 1,668 thousand rubles in 2015.

“In 2015, one gross violation of license requirements was revealed, which resulted in damage to the cultural heritage site of regional significance "Borodkin's House, 1861", located at the address: Krasnoyarsk Territory, Yeniseisk, Raboche-Krestyanskaya St., 62."

Register and accounting

According to the State Report, as of December 31, 2015, there are 157,557 cultural heritage sites in Russia (including monuments in ensembles). Thus, the Ministry of Culture of the Russian Federation still has monuments in the country , and the discrepancy between the data is by tens of thousands (!) of objects.

According to the Ministry of Culture of the Russian Federation, 84,330 are objects of cultural heritage of federal significance (including 59,204 objects of archaeological heritage), 71,057 are objects of cultural heritage of regional significance, 2,170 are of local significance. If we count without monuments as part of ensembles and objects of archeology, then 98,353 objects come out: monuments - 92,813, ensembles - 4,623, places of interest - 917.

In addition, 105,114 identified monuments (including archaeological heritage sites) were taken into account.

35,547 objects of cultural heritage are registered in the Unified State Register, and registration numbers have been assigned to more than 54,000 monuments of history and culture. By the middle of 2015, when the Ministry of Culture at a meeting of the Government of the Russian Federation, about 11 thousand objects were registered in the Unified Register, 26 thousand had registration numbers, and by the end of the year it was planned to register 50 thousand monuments.

State of monuments

According to the State Report, the regional authorities for the protection of monuments provided information on the state of 69,746 cultural heritage sites (excluding archeological sites). Of these, in 2015, 9,950 (14.27%) were in good condition, 39,800 (57.06%) were in satisfactory condition, 14,437 (20.7%) were in unsatisfactory condition, 4,098 (5. 88%), in ruins - 1,461 (2.09%). Data on the state of 28,607 (29.09%) cultural heritage sites were not provided by the regional authorities for the protection of monuments.

For comparison: in 2012, 15% of cultural heritage sites were in good condition, 61% were in satisfactory condition, 18% were in unsatisfactory condition, 4% were in emergency, and 2% were in ruins. There was no information on the condition of 28% of cultural heritage sites.

Conservation work

In 2015, according to the State Report, work on the preservation of cultural heritage objects was carried out at 5,848 “above-ground” objects and at 408 archeological objects.

In total, 42,380,609.8 thousand rubles were allocated for work on the preservation of monuments of cultural heritage in 2015, including from the federal budget - 19,803,075.4 thousand rubles, from regional budgets - 18,304,168.8 thousand rubles. rubles, from municipal -
763,119.5 thousand rubles, from other sources - 3,510,246.1 thousand rubles.

Of the total amount of appropriations for design and survey work, 2,534,561 thousand rubles were allocated, for production work - 29,506,130.6 thousand rubles, for the development of projects for protection zones - 144,836.8 thousand rubles, for the development of projects for the boundaries of the territory and objects of protection of historical settlements - 107,490.6 thousand rubles.

The amount of disbursed funds amounted to 38,781,736.7 thousand rubles (91.5% of the appropriations). The share of disbursed federal budget investments is 92.8 percent.

For measures for state protection and preservation of objects archaeological heritage in 2015, 483,139.8 thousand rubles were spent, of which 240,353.37 thousand rubles - from the federal budget, 122,662.1 thousand rubles - from the budgets of the subjects of the federation and 120,598 thousand rubles - from extrabudgetary sources. According to the data provided by the regions, in 35 constituent entities of the Russian Federation, measures to preserve the archaeological heritage were not funded.

In 2015, work on the preservation of cultural heritage objects was most active in the following regions: Moscow (530 properties), St. Petersburg (524 properties), Kaliningrad region(144 objects), Astrakhan region (140 objects), Kostroma region (121 objects), Perm region (116 objects), Rostov region (102 objects).

The number of cultural heritage sites that have territorial boundaries approved, as of January 1, 2016, amounted to 21,651. In 2015, 7,752 monuments were provided with the boundaries of the territories.

Security zones in 2015, 3903 cultural heritage sites were provided. The total number of objects requiring protection zones, as of December 31, 2015, amounted to 91,304 objects.

In 2015, the orders of the Government of the Russian Federation recognized especially valuable objects cultural heritage Spaso-Preobrazhensky Cathedral in Pereslavl-Zalessky and St. George's Cathedral in Yuryev-Polsky.

The Ministry of Culture made decisions on moving objects"Dwelling House", 1926 (Barnaul) and "Zamiatin's House", 1880s. (Irkutsk) "on the territory of land plots with favorable hydrogeological conditions."

Also “in order to preserve the object of cultural heritage of federal significance "Varvaria Church (wooden)", 1656 (village Yandomozero, Karelia), use it for its original purpose and involve it in tourism circulation by order of the Ministry of Culture of Russia dated October 26, 2015 No. 2677 allowed from the non-residential village of Yandomozero to the village of Tipinitsy, Medvezhyegorsk district of the Republic of Karelia, where there are conditions necessary for the restoration and preservation of the monument.

Restoration

At the end of 2015 restoration completed at the expense of the federal budget 56 cultural heritage sites, including: the Ascension Military Cathedral in Novocherkassk, Naryn-Kala, M.D. Palace Butin in Nerchinsk, Astrakhan Kremlin, Vladimir Church in Balovnev, Cathedral of the Epiphany in Tula.

“The most important projects of 2015 were the completion of the second stage of restoration at 23 sites of the Holy Trinity St. Sergius Lavra, the restoration of the Church of the Nativity of the Virgin in the village. Podmoklovo, Serpukhov District, Moscow Region, Cathedral of the Resurrection of the Holy Cross Jerusalem monastery in the Leninsky district of the Moscow region, Bell towers of the temple complex in Shuya Ivanovo region, the Church of the Three Hierarchs in the village of Karachelskoye, Kurgan Region, etc. The restoration of another 30 churches has been completed.”

"In pursuance of the Decree of the President of the Russian Federation of March 6, 2009 No. 245 "On measures to recreate the historical appearance of the Resurrection New Jerusalem Stauropegial Monastery of the Russian Orthodox Church The Ministry of Culture of Russia provides a subsidy from the federal budget Charitable Foundation on the restoration of the Resurrection New Jerusalem stauropegial monastery. Total appropriations for 2009 - 2015 amounted to 8,405.0 million rubles. In 2015, restoration work on 16 objects of the monastery ensemble was completed and handed over to the Department of the Ministry of Culture of Russia for the Central Federal District.

“As part of the repair and restoration activities for preservation of monumental painting work was carried out at the following sites: "The Church of Elijah the Prophet with a bell tower, 1650" (Yaroslavl); "Church of the Savior on Nereditsa, 1198" (Novgorod region); "Ensemble of the Kirillo-Belozersky Monastery, XV - XVII centuries, Assumption Cathedral" (Vologda region, Kirillov); Assumption Cathedral on Gorodok" (Zvenigorod); "Church of Nikola Nadein, 1621" (Yaroslavl), "Church of the Nativity of the Virgin of the Snetogorsky Monastery" (Pskov) and "Transfiguration Cathedral of the Spaso-Evfimiev Monastery, 1567 - 1594 ." (Vladimir region, Suzdal).

Conservation and restoration work was also carried out on fragments of ancient paintings by Andrei Rublev and Dionisy at the following sites: "Assumption Cathedral with a bell tower, 1158 - 1194, 1408" (Vladimir), "Ensemble of the Ferapontov Monastery" (Vologda region, village of Ferapontovo)".

Historic settlements

In 2015, the boundaries and objects of protection of six historical settlements of federal significance were approved: ; ; ; Zaraysk; ; Kasimov.

In the framework of the Agreement between Russia and the International Bank for Reconstruction and Development (IBRD), in January 2014, the preparation of the project "Preservation and use of cultural heritage in Russia" began. The project provides for a set of targeted activities to develop the tourist, cultural and institutional potential of historical settlements. The expected volume of project investments is 200 million US dollars. The project implementation period is 6 years.

To participate in the project 9 historical settlements in 7 regions of the Russian Federation: Suzdal, Rostov the Great, Staraya Russa, Arzamas, Tutaev, Torzhok, Vyborg, Gorokhovets, Chistopol.

Preservation of the archaeological heritage

In 2015, 2041 permits (open sheets) were issued for work to identify and study archaeological heritage sites.

Within the framework of the Federal Target Program "Culture of Russia (2012-2018)", 44 projects related to the preservation, study and promotion of archaeological heritage sites were completed for a total of 39,884,419 rubles. The work was carried out in 24 subjects of the Russian Federation.

World Heritage Sites

In 2015, according to the State report, “The Ministry of Culture of Russia continued to work to ensure the effective implementation of the requirements and recommendations of UNESCO in relation to Russian World Heritage sites, in particular:

Prepared and secured approval at the session of the World Heritage Committee of the wordings of the outstanding universal value of six Russian world heritage sites - "Moscow Kremlin and Red Square", "Historic Center of St. Petersburg and related groups of monuments", "Historical monuments of Veliky Novgorod and environs", "The Ensemble of the Novodevichy Convent", "The Ensemble of the Ferapontov Monastery" and the "Architectural Ensemble of the Trinity-Sergius Lavra in Sergiev Posad";

Orders of the Ministry of Culture of Russia on the approval of protection zones for cultural heritage sites of federal significance included in the World Heritage List have been issued and registered with the Ministry of Justice of Russia:

Ensemble of the Trinity-Sergius Lavra, 1540 - 1550" (Moscow region, Sergiev Posad), order of the Ministry of Culture of Russia dated April 29, 2015 No. 1341;

"Ensemble of the Kazan Kremlin, XVI - XVIII centuries." (Kazan), order of the Ministry of Culture of Russia dated September 8, 2015 No. 2367;

"Church of the Savior in Nereditsy, 1198" (Veliky Novgorod), order of the Ministry of Culture of Russia dated September 1, 2015 No. 2322;

"Ensemble of the Ferapontov Monastery, XV - XVII centuries, end of the XVIII century, XIX century, beginning of the XX century." (Vologda region) order of the Ministry of Culture of Russia dated December 23, 2015 No. 3206.

It is also reported that “in 2015, the practice of inviting UNESCO international experts to Russian World Heritage sites became generally accepted not as an emergency response to the ultimatum decisions of the World Heritage Committee, but in order to prevent possible disagreements with UNESCO at the planning stage.

Thus, international missions were invited in 2015 to familiarize themselves with the Zaryadye park project, which is planned to be implemented in the immediate vicinity of the Moscow Kremlin and Red Square, to develop acceptable solutions for the installation of a monument to Prince Vladimir on Borovitskaya Square, to monitor the state of the Historical and Cultural complex of the Solovetsky Islands and monitoring the progress of the restoration of the Church of the Transfiguration of the Lord (Kizhi Pogost). In each case, international experts noted the readiness of the Russian side for a constructive dialogue and the desire to ensure the implementation of the provisions of the Convention for the Protection of the World Cultural and Natural Heritage of 1972.”

“In accordance with the voiced by the President of the Russian Federation V.V. Putin, a strategy to strengthen the Russian presence on the World Heritage List, as part of the implementation of subparagraph "e" of paragraph 3 of the list of instructions of the President of the Russian Federation dated January 22, 2015 No. Pr-93 of the Ministry of Culture of Russia, organized work with the regions of the Russian Federation to identify new promising sites for attribution especially valuable and their further promotion to the World Heritage List.

Initially about half of the constituent entities of the Russian Federation declared the absence of such monuments and the rest submitted proposals that were analyzed Russian Institute cultural and natural heritage named after D.S. Likhachev and working group from among the leading state experts certified for work with world heritage sites.

Based on the results of the analysis, the proposals of 32 constituent entities of the Russian Federation were supported, the rest were recommended to finalize or revise their proposals ...

Having set itself the goal of including at least two new sites on the World Heritage List in 2017-2018, the Russian side in 2015 prepared two nomination dossiers - "Monuments of Ancient Pskov" and "Assumption Cathedral of the Island City of Sviyazhsk" - and submitted them to the World Heritage Center for further evaluation scheduled for 2016.”

Official conclusions

“2015 was marked by significant positive results in the field of state protection of cultural heritage objects: a regulatory framework was formed; the work on registration of cultural heritage objects in the unified state register of cultural heritage objects has intensified; conditions have been created for the preservation of historical buildings in ancient Russian cities - historical settlements of the Russian Federation; large-scale work is being carried out to preserve cultural heritage sites; cooperation is developing with international organizations aimed at preserving UNESCO world heritage sites, fulfilling the international obligations of the Russian Federation, in accordance with the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage.

official goals

“In order to protect cultural heritage sites, it is necessary to continue:

improvement of legal regulation of relations in the field of conservation, use, promotion and state protection of cultural heritage sites;

increasing the volume of information about cultural heritage sites in most subjects of the Russian Federation, including their presence and condition;

increase in the number of cultural heritage objects for which the objects of protection, the boundaries of the territory and protection zones are approved;

carrying out activities to search for an effective user (owner) of cultural heritage objects;

registration of data on the boundaries of the territory of cultural heritage sites and their protection zones in the state real estate cadastre;

increasing the personnel and material support of the executive authorities of the constituent entities of the Russian Federation authorized in the field of conservation, use, promotion and state protection of cultural heritage sites;

development in the constituent entities of the Russian Federation of regional targeted programs for the preservation of cultural heritage”.

The concept of an object of cultural heritage (monuments of history and culture)

The concept of "objects of cultural heritage" is included in the legal turnover relatively recently. One of the first legislative acts where this term occurs is the Fundamentals of the Legislation of the Russian Federation on Culture (Article 41), adopted by the Supreme Council of the Russian Federation in 1992. At the same time, the Law of the RSFSR “On the Protection and Use of Historical and Cultural Monuments”, as well as in sectoral regulatory legal acts issued before the collapse of the USSR, used the term “monuments of history and culture”. Currently, the concepts of "objects of cultural heritage" and "monuments of history and culture" are used in Russian legislation as identical to designate real estate of historical and cultural value. Along with these concepts, federal legislation uses terms that are similar in meaning, but have an independent meaning: “cultural values”, “cultural heritage”, “cultural heritage”, “identified objects of cultural heritage”, “objects with signs of a cultural heritage object”, "objects of historical and cultural value", "objects of archaeological heritage".

In the Constitution of the Russian Federation, which enshrines the cultural rights and freedoms of a person, the terms “cultural values”, “monuments of history and culture”, “historical and cultural heritage” are used to designate the values ​​created by people (Articles 44, 72).

The essence of the term "cultural heritage", as follows from dissertation research and published scientific works, less interested in scientists than the essence of cultural values. As an independent concept, it is relatively rare in national legislation and is used mainly in relation to movable and immovable cultural property created in the past and belonging to the peoples of the Russian Federation. In rare cases, Russian legislation provides for the inclusion of intangible values ​​in cultural heritage. So, according to the preamble and Article 11 of the Federal Law of December 18, 1997 N 152-FZ "On the names of geographical objects", the names of geographical objects are integral part historical and cultural heritage of the peoples of the Russian Federation. As a rule, the term "cultural heritage of the peoples of the Russian Federation" is used in regulatory legal acts in combination with the word "objects".

In the legal literature, the point of view was repeatedly expressed about the identity of the concepts of “cultural values” and “cultural heritage” used in the current international legal documents. Boguslavsky M.M. Cultural values ​​in international circulation: legal aspects. M.: Yurist, 2005. S. 17; Potapova N.A. International legal problems of the protection of cultural property and the legislation of the Russian Federation: Abstract of the thesis. dis. ... cand. legal Sciences: 12.00.10. M., 2001 However, this conclusion cannot be extrapolated to national legislation. In our opinion, cultural heritage occupies an intermediate position between cultural values ​​and objects of cultural heritage. The difference between cultural heritage and cultural values ​​lies in the fact that cultural heritage always has the property of antiquity. The correlation of these concepts can be represented as follows: not every cultural value can be attributed to cultural heritage, however, everything related to cultural heritage is a cultural value.

It should be noted that many researchers studying the problems of legal protection of cultural heritage give their own scientific definitions of this concept and propose to use them as legal definitions. So, E.N. Pronina proposes to understand cultural heritage as "the totality of material and spiritual cultural values ​​created in the past, inherited and adopted from previous generations and important for the preservation and development of the identity of the people, regardless of their origin and owner." Pronina, E.N. Technical and legal research of the legislative definition of "objects of cultural heritage" / E.N. Pronina.//Law and State. -2009. - No. 6. - S. 138 -140

A number of scholars have considered cultural heritage from a cultural and philosophical point of view. K.E. Rybak believes that cultural heritage should be understood as “a set of objects of material culture and joint creations of man and nature, regardless of their location, as well as objects of spiritual culture that are significant for the preservation and development of local cultures, which have a universal value for culture (art, science ) and promoting respect for cultural diversity and human creativity.” Rybak K.E. Convention on the Protection of the Underwater Cultural Heritage and the Protection of Cultural Property // Culture: management, economics, law. - 2006. According to A.A. Kopsergenova, cultural heritage is the totality of all the cultural achievements of a society, its historical experience, preserved in the arsenal of social memory. “The essence of the cultural heritage, - she notes, - are those values ​​that were created by previous generations, are of exceptional importance for the preservation of the cultural gene pool and contribute to further cultural progress.” Kopsergenova A.A. Cultural Heritage: Philosophical Aspects of Analysis: Dis. ... cand. philosoph.sci.: 09.00.13. Stavropol, 2008. 184 p. From the point of view of A.P. Sergeev, the cultural heritage forms “a set of material and spiritual cultural values ​​inherited from past eras to be preserved, critically evaluated, revised, developed and used in accordance with the specific historical tasks of our time.” Sergeev A.P. Civil law protection of cultural values ​​in the USSR. Leningrad: Publishing house Leningrad. un-ta, 1990. S. 16 - 17. A.A. Mazenkova considers cultural heritage as an information subsystem of culture that has significance (positive or negative) and is based on the experience of previous generations. "Within the framework systems approach, - she notes, - cultural heritage is sociocultural system values, preserving the socio-cultural experience based on the characteristics of collective memory. Mazenkova A.A. Cultural heritage as a self-organizing system: Abstract of the thesis. dis. ... cand. philosopher.science: 24.00.01. Tyumen, 2009. P. 12. S.M. Shestova under the cultural heritage understands the totality of monuments of history and culture. Shestova S.M. Historical and cultural analysis of the normative regulation of the protection and use of historical and cultural monuments in Russia: Abstract of the thesis. dis. ... cand. culturological Sciences: 24.00.03. St. Petersburg, 2009. P. 16

In general, we can agree with the proposal by E.N. Pronina definition of cultural heritage. This concept can be used in relation to any cultural property (tangible and intangible, movable and immovable) created in the past, regardless of whether these values ​​are included in special lists (registries). Such cultural values ​​may have a certain cultural significance, both for individual peoples, municipalities, states, as well as other state formations within states, and for the entire world community.

In modern Russian legislation, in relation to immovable cultural property created in the past, the term “objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation” is used. This term is relatively young. The 90s of the last century were characterized by the instability of the concepts used in regulatory legal acts to designate immovable monuments of history and culture. In a number of acts, along with this concept, other terms were used: "objects of historical and cultural heritage", "objects of historical and cultural heritage". A special category included "especially valuable objects cultural heritage of the peoples of the Russian Federation”.

Since 2001, the term "objects of cultural heritage" has been firmly rooted in Russian legislation. This is due to the fact that in 2001 several important federal laws were adopted, which already took into account the new conceptual apparatus of the draft federal law “On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation” considered in the State Duma of the Federal Assembly of the Russian Federation. With the adoption in June 2002 of Federal Law No. 73-FZ, we can talk about the final renewal of the conceptual apparatus that was formed in the Soviet era. New concepts and their definitions were included in the legal turnover. It should be emphasized that the modern understanding of the term "monument of history and culture" does not correspond to its understanding in the meaning defined by the USSR Law of 1976 "On the Protection and Use of Monuments of History and Culture" (later - the Law of the RSFSR of the same name of 1978).

Unlike the previous definition, the modern definition of this concept, enshrined in Article 3 of the Federal Law N 73-FZ, excludes movable and intangible cultural values. Some researchers see this as a drawback and propose to include movable things in the legal definition of the concept "objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation". Alexandrova M.A. Civil law regime of cultural property in the Russian Federation: Abstract of the thesis. dis. ... cand. legal Sciences: 12.00.03. St. Petersburg, 2007. S. 11. Others - consider it necessary to allocate movable and immovable property into separate legal categories. So, K.A. Dikanov proposed to understand only movable property as "cultural values", and real estate as "monuments of history and culture". The unifying (generic) concept, in his opinion, should be the term "objects of cultural and historical heritage." Dikanov K.A. Combating criminal encroachments on cultural values: criminal law and criminological aspects: Abstract of the thesis. dis. ... cand. legal Sciences: 12.00.08. M., 2008. S. 13. From our point of view, the allocation of immovable cultural property in a special legal category is justified. First of all, this is due to the fact that in relation to immovable and movable things, due to their natural properties, a different legal regime is established. Also, public relations that develop regarding real estate have their own characteristics and are regulated not only by civil, administrative and criminal legislation, but also by land legislation, legislation on urban planning and architectural activity. Respectively, legal regulation public relations that develop over movable and immovable cultural property should be carried out separately. However, one cannot agree that only movable things should be understood as cultural values. This approach does not correspond to the modern doctrinal interpretation of cultural values.

The main drawback of the scientific definitions of the concept of “monuments of history and culture” formulated in the literature is that monuments are considered exclusively as a special type of property that has a set of specific features and properties and, therefore, is subject to saving in the interests of a particular society, regardless of the will of a person.

The legal definition of the concept of "objects of cultural heritage", enshrined in Article 3 of the Federal Law N 73-FZ, has been deservedly criticized by scientists and practitioners. Some of them came to the conclusion that this definition does not reflect the necessary essential features of the objects under study and, in general, is amorphous and artificial. Alexandrova M.A. Decree op. pp. 10 - 11. It's hard to disagree with this. However, consideration of this issue will not be complete without an analysis of other similar terms that make up the conceptual apparatus of the Federal Law N 73-FZ.

Article 3 of this Law establishes the definition of “objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation” and a new classification of these objects by type: monuments, ensembles and places of interest. The objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation are understood here as objects of immovable property 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, representing value in terms of history, archeology, architecture, urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture and being evidence of epochs and civilizations, true sources of information about the origin and development of culture.

A detailed consideration of Part 1 of Article 3 of the Federal Law N 73-FZ gives reason to believe that the term "objects of cultural heritage" can be applied to any real estate objects that are of historical and cultural value, including in relation to identified objects of cultural heritage. heritage. Meanwhile, their legal status different.

Thus, we can conclude that the use in the text of the Federal Law N 73-FZ of various concepts that are similar in content indicates the internal inconsistency of the document, the provisions of which are difficult to understand and interpret. Often, such inconsistency of the conceptual apparatus leads in practice to litigation, the adoption of wrong decisions by state authorities and local governments.

Obviously, the definition of “objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation”, enshrined in Article 3 of the Federal Law N 73-FZ, needs to be revised.

Summarizing the definitions of authoritative scientists indicated above, and taking into account all the inaccuracies of the definitions, taking as a basis the authoritative opinion of A.N. Panfilov, it can be concluded that objects of cultural heritage should be understood as a set of immovable cultural values ​​created by man or subjected to his purposeful influence in the past, included in the Unified State Register of Cultural Heritage Objects (monuments of history and culture) of the peoples of the Russian Federation on the basis of a regulatory legal act of the authorized public authority. Only in relation to the real estate object registered in the register, the state should establish a special protection regime that ensures its authenticity in the interests of society. Panfilov "Cultural values ​​and objects of cultural heritage: the problem of unification of concepts" / "Law and Politics", 2011, N 2