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State historical and cultural examination: conduct, conclusion. Regulation on State Historical and Cultural Expertise

State historical and cultural examination is a complex of special works. Based on the results of the events, an act is drawn up. It is agreed with the body responsible for the preservation of historical and cultural sites. Let us further consider how the historical and cultural examination is carried out. historical and cultural examination

Main works

State historical and cultural examination of objects of cultural heritage includes:

  • Bibliographic studies.
  • Field examinations.
  • Description of the subjects of study.
  • Photofixation.
  • Receiving statements and the State Register.
  • Geodetic works.
  • The study of archival materials.
  • Technical inspection.
  • Description of the boundaries of the investigated object.

Other activities may be included in the package of activities. A specialized organization conducts historical and cultural expertise. The contractor must comply with the requirements of the current legislation.

When is the study done?

The Regulation on State Historical and Cultural Expertise determines the conditions under which the procedure is mandatory. The study is carried out if it is necessary to carry out economic, land reclamation, construction, excavation or land management works that can affect (indirectly or directly) the complex, which is under special protection. The second essential condition is the absence of approved urban development plans. In addition, the procedure is carried out if the customer pursues one of the following objectives:

  1. Exclude the cultural-historical object from the register.
  2. Identify the complex subject to special protection, and put it on record.
  3. Change the category of cultural and historical significance of the object.
  4. Establish and approve the boundaries of the complex subject to special protection, land use regimes and town planning regulations within this zone. conducting state historical and cultural examination

Objects of historical and cultural examination

Their signs are determined by Federal Law No. 73. Complexes subject to special protection include:

  1. Real estate objects and related works of sculpture, arts and crafts, painting, science and technology, other objects that:
  • appeared as a result or in the process of historical events;
  • created over 40 years ago;
  • they are valuable in historical, archaeological, aesthetic, anthropological, ethnological, urban planning, scientific, technical, social and cultural terms.
  1. Complexes acting as a source of information on the development of the people.
  2. A house or a memorial apartment related to the life or work of prominent people who have special services to the Russian Federation.

Responsibility of subjects

In Russia, the Law on the Protection of Cultural and Historical Objects is in force. For non-compliance with its requirements, liability is provided. It is almost the same for the tenant, and for the user, and for the owner of specially protected areas. If violations are discovered from the owner, it is possible to confiscate or redeem the complex (facility) in the manner prescribed by law. These measures cannot be applied to the lessee or to the person performing the gratuitous use of the zone. General punishments for all subjects include a fine of up to 50 thousand rubles. according to Art. 7.13 Administrative Code or up to 500 thousand rubles. according to Art. 243 of the Criminal Code.Also guilty of violation may face criminal liability - up to 5 years in prison. The type of punishment will depend on the category of the object and the damage caused. The site on which the complex was located, subject to special protection, may be confiscated. Such a measure is applied if the objects present on the territory were destroyed due to the fault of the subject. Specially protected complexes are subject to seizure in cases where the person responsible for his condition does not conduct timely restoration. Confiscation also threatens if a mandatory historical and cultural examination has not been carried out before carrying out work that could affect the condition of a valuable zone. State historical and cultural examination of cultural heritage sites

Types and categories of complexes

The classification of objects is carried out depending on whether they are isolated, included in a group or act as part of the landscape. According to these criteria, there are:

  1. Monuments.
  2. Ensembles.
  3. Sightseeing places.

In addition, there is a classification depending on the degree of significance. On this basis, objects of federal, local or regional significance are distinguished. General and special rules are defined for them, in accordance with which they are registered and entered into Rosreestr.

Who is doing the research?

The carrying out of historical and cultural examination is allowed by legal entities, in the staff of which there are at least three specialists. They form a commission. Each expert of historical and cultural examination must pass certification in the corresponding ministry. The Ministry of Culture includes specialists in the corresponding list of persons who are entitled to perform this study. Only entities with higher professional education in the specialty, as well as experience in this field for at least 10 years, can be qualified.

Execution order

A state historical and cultural examination may be initiated by an interested body of state power, local government of a citizen or legal entity. The procedure is performed on the basis of an agreement signed between the customer and the contractor. Before starting work, the initiator of the events passes the package of documents to the specialists. These include:

  1. Materials in which there is information about the value of the complex in the socio-cultural, archaeological, aesthetic, anthropological, ethnological, urban planning and other plan.
  2. Photos of the site and items at the time of signing the contract.
  3. A copy of the passport of the object.
  4. An extract from Rosreestr, which contains information about the rights to the complex or to land plots located within its borders.
  5. A copy of the security obligation of the owner, user or tenant.
  6. Information about the cultural and historical object and sites within its territory, entered in the state cadastre. Their sources are copies of extracts, passports, plans, etc. provision on state historical and cultural examination
  7. Certificate of the organization that carries out technical accounting or inventory. It should indicate the address of the complex, its technical characteristics, condition. A copy of the data sheet or floor plan is attached to the certificate. The diagrams should indicate the dimensions, the explication of the premises.
  8. A copy of the document confirming the right to the complex or plots located within it.
  9. Project security zone.
  10. A copy of the decision of the state authority on establishing the boundaries of the territory and the legal regime within them.
  11. Land survey plan of the site, completed as part of the cadastral work.
  12. Copies of documents certifying that the site or its security zone belongs to a specific category of land and the type of permitted use of the territory.
  13. A copy of the urban development plan of the zone on which it is supposed to carry out construction, reclamation, earthworks, household and other works.
  14. Historical and cultural plan or its part for objects located within the limits of a historical settlement.
  15. Data indicating the termination of the complex, entered into the state real estate cadastre. An inspection report is attached to them, which is compiled when performing the work necessary to prepare the documentation for submission to the accounting authority of an application for exclusion from the unified register of a cultural and historical object.
  16. Information about the measures taken by the police department, the prosecutor's office and other authorized bodies to attract entities guilty of destruction or destruction of the specially protected complex, moving it, causing damage to it, changing its interior or appearance, to responsibility.
  17. Materials in which the reconstruction of the lost cultural and historical object is justified. historical and cultural examination of cultural heritage sites

Payment for the work of specialists

Historical and cultural examination of objects of cultural heritage of federal significance is paid in accordance with the terms of the contract. The amount will depend on the complexity and scope of the proposed work. Its size is made up of payment:

  1. Labor specialist.
  2. Documents, equipment, materials, services and tools necessary to carry out the study.
  3. Travel and transportation expenses.

The procedure in accordance with which the state historical and cultural examination of complexes of regional or local significance is paid is determined by the relevant authority.

Nuances

The amount of payment for the study may not depend on its results. A specialist does not have the right to receive from the customer (neither before or after the historical and cultural examination is performed) as a thank you, encouragement or reward for the results of value, money, other property, services or rights for yourself or third parties. The results of the study are drawn up in the form of an act. The conclusion of the historical and cultural examination should contain a clear and unambiguous conclusion.

Normative base

The procedure for creating and maintaining the State Register of Cultural and Historical Objects is regulated by Ch. 4 Federal Law No. 73. The rules in accordance with which registration and registration of a passport of complexes is established in the Methodological Recommendation. They are approved by order of the Ministry of Culture. In addition, the general principles for the creation and maintenance of the State Register are provided. They are defined in the regulation approved by the order of Rosokhrankultura No. 37. objects of historical and cultural examination

The procedure for registering complexes

To make an appropriate decision, the Ministry of Culture of the region sends to the Government of the Russian Federation:

  1. Application for entering information about the identified complex subject to special protection in the register.
  2. The act of historical and cultural examination.
  3. Information about the name of the complex.
  4. Data on the date of creation or time of occurrence, on the main restructuring / changes, historical event.
  5. Location address of the complex.
  6. Information about the type of object.
  7. Description of the features on the basis of which the complex should be included in the State Register.
  8. Photo.
  9. Description of the boundaries of the zone.
  10. Information about the owner / user / tenant.
  11. Information about the subjects of the right to a land plot, the legal regime for its use.

The federal body authorized to protect especially valuable complexes, as well as the ministry of culture of the region, is carrying out work on their identification and accounting. These include, in particular, historical and cultural expertise. These activities are carried out in accordance with targeted federal programs, as well as on the basis of recommendations from legal entities and citizens.

Important point

Complexes that are of value in the archaeological, aesthetic, architectural, scientific, technical, ethnological, anthropological, ethnic and other plan and for which a corresponding act is drawn up based on the results of the study are considered specially protected from the date of receipt of the above federal authorities and ministries documents. Archaeological sites are considered cultural and historical complexes from the moment they are discovered.Information about cultural and historical sites of particular value is included in the registration cards. They act as part of the registry and are stored indefinitely. historical and cultural examination

Additionally

The Ministry of Culture of the region is obliged to notify the owner / user / tenant of the discovered cultural and historical object about the decision made by the state authority of the constituent entity of the Russian Federation or the government of the country to include information about it in a single register or to refuse it. Complexes can be registered, at least 40 years have passed since its inception / creation. The exception is the memorial houses and apartments associated with the activities and lives of prominent people who have special merits to Russia. These objects will be considered identified immediately after the death of these individuals. Until a decision is made to include information in the Register or refuse to do so, the detected complexes are subject to mandatory protection in accordance with the current law. Information on cultural and historical objects of federal significance is entered into the register on the basis of a government decree. The state agency authorized to ensure the protection of such complexes is responsible for registration. Information on objects of regional significance shall be entered into the register upon the proposal of the Ministry of Culture of the subject in accordance with the decision adopted by him.


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