Archaeological reminders as objects of cultural decline (axiological aspect). Actual problems of legal protection of objects of archeological decay
Vіdpovіdno to st. 44 Constitutions Russian Federation The skin may have equal access to cultural values, it is the duty of the brothers to preserve historical and cultural decay, to protect the reminders of the history of culture.
The main regulatory legal act that regulates in this hour of food conservation of historical and cultural decline in the territory of the Russian Federation, є Federal Law of 06.25. Federation" (hereinafter referred to as the Law on OKN).
At st. 3 of the Law is given the designation of the object of cultural decay, including the object of archaeological decay - "often or more often attached to the earth or under water, trace the origin of people in past epochs (including all archeological objects with such cultural objects ), the main or one of the main sources of information about yaks and archeological excavations or knowledge. remnants of ancient fortifications, fortifications, canals, ship roads, a place for the conversion of ancient religious rites, a transition to objects of archaeological decline in cultural development.
At st. 34 of the same Law also provides for protection zones for cultural objects. At tsomu, there is no way to understand the zones of protection. It is pointed out to those that "for the purpose of protecting the object of cultural decline in the historical middle ground on the territory adjacent to it, zones for the protection of the object of cultural decline are being established: a protection zone, a zone of regulation of the landscape, and a zone of natural landscape, and a zone of natural landscape".
The next step is to designate that the camp was appointed ahead of st. 33 of the Law of the RRFSR dated 12/15/1978 "On the protection of memorials of the history of culture", as it was duplicated at paragraph 30 of the Regulation on the protection of memorials of the history of culture, approved by the Decree of the Ministers of the USSR on 1982 . N 865 p. 40 Instructions on the order of appearance, safety, conservation, utrimanny, vikoristannya and restoration of non-violent monuments of the history of culture, approved by the Order of the Ministry of Culture of the SRSR on 13.05.1986 N 203. At the appointed norms, there were analogous formulas and refurbishment of the very zones of protection (with small changes in name).
At the same time, the warehouse of the zones of protection and their regime is expanded and confirmed by the project of the zones of protection, and the procedure for the development and approval of such a bv was earlier than the hardening of the Ryad of the Russian Federation was no longer in 2008, then the last hour for the objects of cultural decline in the zone was not established bury. And vouchers, that the financing of this entry is laid on us in front of the state and municipal authorities, and, more than for the city - on physical and legal systems, then until the first hour of such projects of the zones of protection, and, obviously, the zones themselves of the protection for the objects of cultural decline far too little has been established for the Russian Federation (exact data is available from the Ministry of Culture of the Russian Federation). In this way, most of the objects of cultural decline on this day, not looming designated zones, are actually weakly protected from a possible negative influx in the wake of the new state development of the surroundings. land plots, as well as active local activities
If you want to correct this situation, the deeds of the subjects of the Russian Federation (for example, the Krasnodar Territory), without checking the power supply on the federal level, by their own laws, independently in 2003, they prevented the understanding of the "time protection zones" from the establishment of a rose in such a way approval of projects for the protection zones.
I axis, after analyzing the camp that has developed, as well as the practice of the subjects of the Russian Federation, in 2016, the adoption of the federal law of 04/05/2016 N 95-FZ "On the introduction of amendments to the Federal law" On the objects of cultural decline (monuments history and culture) of the peoples of the Russian Federation" and Article 15 federal law"About the sovereign cadastre of non-viability", zgіdno z yakim before the Law on OKN, Art. 34.1 "Protection zones of objects of cultural decline". Part 1 of the designated statute is expected to have a designated zone of the object of cultural decline - the territory that adjoins to the inclusions in the register of monuments and ensembles and in the boundaries of some of the methods of protecting the objects of cultural decline and compositional species (parametric ) the life of the objects of the capital life and their reconstruction, due to the change of their parameters (height, number of surfaces, area), the crime of life and reconstruction of the linear objects. The expansion of such desolate zones is being restored. Tsі zahisnі zones are introduced timchasovo until the development and confirmation of the projects of the zones of protection, tobto. in fact, the stench is to blame for the hostile problem of the development of territories, which are close to the objects of cultural decline, and the fall after the census of shkodi will stop.
However, there are few problems due to the adoption of the Law. In the framework of this article, an exclusive aspect will be considered, links with objects of archaeological decay.
Also, for the respectful reading of article 34.1, the Law on OKN states that the zones are not to be restored for objects of archaeological decay. They blame logical food - why and how buti?
We begin to wait for the food and drink for us to the Ministry of Culture of the Russian Federation, as the initiator of the adoption of the wise Law. And surprisingly, it is known that the position of the appointed Ministry is brought to the point that for the objects of the archaeological recession of the zone, the protection is not necessary for the principle.
So, in the sheets of the Ministry of Culture of the Russian Federation dated December 29, 2014 N 3726-12-06 and dated December 29, 2015 N 2736-12-06 about the date of the project of burial zones for the archeological monument "Semikarakorske Settlement" (Rostov Region) ) , that "the design of zones for the protection of monuments of history and culture as an element of local zoning of the territory, as if we were directing to the conservation of the species diversity of historical life and the conservation of the historical middle of the state's cultural heritage ... In this way, the complex anchoring objects of archaeological decay near the earth, which will ensure their safety, including the installation of inter-territory ... The installation of zones of protection for anchoring objects of archaeological decay near the earth is not docіlnym ".
Appointed interpretation is hoped by the Ministry solely from the reading of Art. 34 of the Law on OKN. In this case, naturally, there is nothing directly in the article for those who, from the objects of the archaeological settlement of chi objects, anchored under the earth, do not establish a zone of protection. Not to be found about the price and in the orderly Regulations on the zone of protection of objects of cultural decline (monuments in the history of culture) of the peoples of the Russian Federation. Tobto. interpretation of the ministry is exclusively subjective.
As far as the practice of cultivating food during the Soviet Socialist Republic, everything in the same already established Regulations on the protection of the monuments of history and culture was clearly stated that the zones of the funeral are restored for safety, including monuments in archeology.
This is absolutely logical from the point of view of practice. So, as we see in the zones of protection for the objects of the archeological recession, then you can go out, whether you are doing work (especially earthlings and budives) right next to the territory of the monument. Even so, robots can bring up to yogo poshkodzhennya: svyazannya in a ditch and collapse, torn of a cultural ball, some sort of vipadkovo manifestations and no inclusions to the territory of the monument, shoveling with tractors, bulldozers and other important budding equipment, folding the ground (in the same way.) it is also necessary to protect the folding of the unambiguous designation of the territory of the monument for the objects of archaeological decay. Adzhe is not for the skin reminder of archeology; So, for example, the main way to designate between the territory of the monument of archeology is digging. Vodnochas, zgіdno z Provisions on the order of carrying out archaeological field work and the storage of scientific and scientific documentation, carrying out pitting on monuments of archeology - barrows - are completely fenced. And vrakhovuyuchi, that the mounds of the mounds are covered in the pouring hour (vivitryuvannya, rosemary thinly) are heaped and stretched, and matting and grooves can also be laid on the verge of the mounds (on the rіznіy vіdstanі), as well as the inter-barrow expanse (mіzh the mounds of the mound in one gyruputch) are installed) between the monument is not possible. І dsutnіst of zones of protection actually brought to the current possible poshkodzhennya. Similarly, there can be a site of ancient settlement, and a soil burial ground. First of all, it will be unclear the situation with the fortifications, which, as a rule, are reminders of archeology, but you can learn architecture from your own. If at any time the Ministry comes out of the factor "attached to the earth," then it means - a rich fort and fortifications, in fact, earthen ramparts with elements of ruins, which are named. Chi tse є prihovanim under the earth chi nі - a new all-inclusive subjective thought. Adzhe їm zahist in view of the state's activity needs no less than the monuments of architecture.
The main sharpness of this problem is given in a rush to 3 factors:
Far from all the objects of the archeological recession, the territory is clearly defined, but the connection did not understand, what kind of land plot was located next to the monument of archeology to the project documentation, which is submitted for the weather;
In connection with the announcement of the URP-2007, in which such a zahid, like an archaeological sight, was carried out in the zone of future work of the archaeological site, now, without zones of protection, it actually becomes impossible to ensure the safety of the environment;
Vrakhovuyuchi, that the legislator on the federal level has now ordered the protection of the time zone of a time-honoured nature, and it is clearly indicated that for some objects of cultural decline, the stench is being restored, becoming illegal away spadshchiny, scho to induce to їх skasuvannya that, then, denial of objects of archeological spadshchina without any zahistu at this part.
Considering the motives for such an interpretation from the side of the federal government, it is logical to allow for the availability of finance for the development and the installation of protection zones for them (even all objects of archaeological decay are federal, and their number is related to other cultural objects) , as well as the impossibility of installing a fence of sufficient character large number land plots and their removal from circulation (important social and economic situation, dissatisfied citizens).
At the same time, it is important that it is unacceptable to simply establish a zone of protection as a kind of entry into the area where the preservation of archaeological sites is unacceptable;
Obviously, Scho introduced Zakhisnі zoni needlessly searches on the edit of the archaeological decline in the rivolіstyu ї zemnevnya during the Roshkitskі projectіv zhoroni zones on pіdtsti complex sciences Delivery at the occasion of such a bubbling in the priests' individuals (though zones). . Otherwise, as an option, insert it into the Law on OKN, or I will re-accept guests who came to change the URP-2007, such an afterlife, like an archaeological sight, at the same time the work is planned to be carried out in the zone of the object of archaeological decay. With this expansion, the zones can be installed behind the butt of Timchas's defensive zones, installed near the Krasnodar Territory: fallow in the form of a monument of archeology and yogo expansion.
Bibliography:
1. Constitution of the Russian Federation. Adopted by popular vote on 12 December 1993. (with amendments to the amendments made by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation on December 30, 2008 N 6-FKZ, on December 30, 2008 N 7-FKZ, on February 5, 2014 .N 2-FKZ and in April 21, 2014 N 11-FKZ) // Russian newspaper. 1993. 25 breasts; Zibr. legislation Pic. Federation. 2014. N 31. Art. 4398.
2. About the objects of cultural decline (monuments of history and culture) of the peoples of the Russian Federation: Federal Law of 25 Chervnya 2002 N 73-FZ (as amended on 5 April 2016 N 95-FZ) // Collected. legislation Pic. Federation. 2002. N 26. Art. 2519; 2016. N 15. Art. 2057.
3. About the protection of memorials of history and culture: Law of the RRFSR dated December 15, 1978 // Law of the RRFSR. T. 3. S. 498.
4. Regulations on the protection and preservation of memorials of the history of culture, approved by the Decree of the Ministers of the SRSR on 16 September 1982. N 865 // SP SRSR. 1982. N 26. Art. 133.
5. Instructions on the order of appearance, security of safety, morning, restoration and restoration of unruly monuments of the history of culture: Order of the Ministry of Culture of the SRSR dated January 13, 1986. N 203 // The text was not officially published. The text is available from UPS "Garant".
6. About the approval of the Regulations on the zone of protection of objects of cultural decline (monuments of history and culture) of the peoples of the Russian Federation: Decree of the Council of the Russian Federation of April 26, 2008 N 315 (expired) // Collected. legislation Pic. Federation. 2008. N 18. Art. 2053.
7. About the lands of non-violent objects of cultural decline (monuments in the history and culture) of regional and religious significance, planted on the territory of the Krasnodar Territory, that zone of their protection: Law of the Krasnodar Territory of the 6th chervny 2002 of the Roku N 487-KZnіtiv (introductory) // Kuban news. 06/19/2002. N 118 - 119.
8. About introducing amendments to the Federal Law "On the objects of cultural decline (monuments of history and culture) of the peoples of the Russian Federation" and Article 15 of the Federal Law "On the state cadastre of non-viability": Federal Law of the 5th April 2016 N 95-FZ // Collection. legislation Pic. Federation. 2016. N 15. Art. 2057.
9. Sheet of the Ministry of Culture of the Russian Federation dated December 29, 2014 N 3726-12-06 // The text of the document is not officially published. Listing of the Ministry of Culture of the Russian Federation and the Ministry of Culture of the Rostov Region.
10. Sheet of the Ministry of Culture of the Russian Federation dated December 29, 2015 N 2736-12-06 // The text of the document was not officially published. Listing of the Ministry of Culture of the Russian Federation and the Ministry of Culture of the Rostov Region.
11. About the hardening list of Zona Oboroni OG'єTIV Cultural Spanching (Pam'yatnikiv Istorії TA CULTURI) People's Republic of Rosіyskoji of the federated ta about Vannanny, Scho plunged Chinn_st, Okhareich Regulation of the Regulations, Aktіv Rosіysko Federal Region: Posanova Trying RF WiD 12 Vesna 2015 ROC N 972 // Collection. legislation Pic. Federation. 2015. N 38. Art. 5298.
12. Regulations on the procedure for conducting archaeological field work and the storage of scientific and scientific documentation: Decree of the Bureau of the Department of Historical and Philological Sciences Russian Academy nauk vіd 27.11.2013 N 85 // Published on the official website of the Institute of Archeology RAS. URL: http://www.archaeolog.ru (date of completion – 06/07/2016).
13. Sheet of the Ministry of Culture of the Russian Federation dated 27 April 2015 N 280-01-39-DP // Placed on the official website of the Ministry of Culture of the Russian Federation. URL: http://mkrf.ru (date of completion – 06/07/2016).
14. About the objects of cultural decline (monuments of history and culture) of the peoples of the Russian Federation, roztashovannyh on the territory of the Krasnodar Territory: Law of the Krasnodar Territory dated 23 June 2015 N 3223-KZ // Official website of the Krasnodar Territory. URL: http://admkrai.krasnodar.ru (date of completion – 06/07/2016).
References (transliterated):
1. Constitution of the Russian Federation. Adopted by the all-born golosovaniem on December 12, 1993. (Z uchetom popravok introduced by the Zakonami Rossiiskoi Federatsii o popravkahh k of the Constitution of the Rossiiskoi Federatsii dated 30 December 2008 N 6-FKZ, dated 30 December 2008 N 7-FKZ, g 2 July 2014 N 11-FKZ) // Russian gazeta. Dec. 25, 1993; sobr. zakonodatel "stva Ros. Federatsii. 2014. N 31. St. 4398.
2. On the objects of cultural decline (memorable histories and culture) of the peoples of the Russian Federation: Federal Law dated April 25, 2002 N 73-FZ (in red. dated April 5, 29) // Sobr. zakonodatel "stva Ros. Federatsii. 2002. N 26. St. 2519; 2016. N 15. St. 2057.
3. About the border and use of the "building of monuments of history and cult" tourism: Law of the RSFSR dated December 15, 1978 // Code of Laws of the RSFSR. T. 3. S. 498.
4. Regulations on the windows and installations of monuments of history and culture, established by the Decree of the Holy Ministers of the SRSR dated 16 September 1982. N 865 / / SP SSSR. 1982. No. 26. St. 133.
5. Instructions on the parade of accounting, feasibility, maintenance, use and restavratsii of immovable monuments in history and culture: Order Minkul tour SSSR dated May 13, 1986 N 20 Tekst accessed at SPS "Garant".
6. On the approved Regulations on the zones of bordering objects of cultural decay (monuments of history and cult "tourism) of the peoples of the Russian Federation: Decree of the Government of the Russian Federation dated April 26, 2008 N 31od stva Ros. Federatsii. 2008. N 18. St. 2053 .
7. About earthen real estate objects of cultural tour of the heritage of KZ (utratil silu) // Kubanskie novosti 19.06.2002 N 118 - 119.
8. About the introduction of the name in the Federal'nyi zakon "Ob ob" "ektakh kul" turnoho naslediya (pamyatnikakh istorii i kul'tury) narodov Rossiiskoi Federatsii "і stat" yu 15 Federal "noho zakona "O gosudarstvenmomada nyi zakon ot 5 April 2016 goda N 95-FZ // Sobr. zakonodatel "stva Ros. Federatsii. 2016. N 15. St. 2057.
9. Pis'mo Ministerstva kul'tury RF dated December 29, 2014 goda N 3726-12-06 // Tekst dokumenta ofitsial'no ne opublikovan.
10. Pis'mo Ministerstva kul'tury RF dated 29 March 2015 goda N 2736-12-06 // Tekst dokumenta ofitsial'no ne opublikovan.
11. On the approved Regulations on the zones of bordering objects of cultural tourism decay (monuments of history and culture) of the peoples of the Russian Federation and attached to the lost strength of reanimated creations on September 12, 2015 N 972 // Sobr. zakonodatel "stva Ros. Federatsii. 2015. N 38. St. 5298.
12. Regulations on the behavior of archeological sex work and the storage of scientific accounting documents. .archaeolog.ru (data obrashcheniya - 06/07/2016).
13. Pis "mo Ministerstva kul" tury RF dated 27 September 2015 date N 280-01-39-GP // Razmeshcheno on the ofitsial "nom saite Ministerstva kul" tury RF. URL: http://mkrf.ru (data obrashcheniya - 06/07/2016).
14. About "such cultural" decline (monuments of history and culture) of the peoples of the Russian Federation, expansions on the territory of the Krasnodar Territory: Law of the Krasnodar kraya dated 23 July 2015 .URL .: http://admkrai.krasnodar.ru ( data obrashcheniya - 06/07/2016).
According to the Law of the Russian Federation "On the objects of cultural decline (remembrances of the history and culture) of the peoples of the Russian Federation" (hereinafter - the Law on the objects of cultural decline, the Law), all archaeological knowledge are called objects of archaeological decline. Up'єєtіv Archaeological Sewage Spaudies Zgіdimy IZ Act Vіdnoy Pedigano Abo Municipality of Khivovі at the earth Abo Pіd Pipe Slіdi ІСНАНЯ People, turning around the SUI Rohumi Items, Scho Majut to them, I mainly, I basic by one of the main Jereologica іnformaki about yakі є archelikіchnі Сокопка сбіки колідки.
Otzhe, the objects of archeological decay can be like unruly, and ruhomimi. The most important archaeological evidence (ruhemous objects) is revealed during the excavation of non-rudimentary archaeological monuments.
Dzherel revealed similar objects and "works from the revealed objects of archaeological decay (the so-called archaeological field work)". Appointed robots are subject to paragraph 8 of Art. 45 of the Law on the Objects of Cultural Recession to be carried out on the basis of a term no more than one river below the order, which is established by the Rada of the Russian Federation, allowing (open list) the right to carry out temporary work. Revealed in this way, the objects are clearly visible up to Art. 4 of the same Law is considered to be objects of cultural decline of federal significance and may be less in the hands of sovereign authority. Sv'ИCHIKOK SIM FIZICHNI TA LEGNIKI OSHOD, Yaki conducted archaeologicіchnі Polovo Roboti, singer Trioh Rockіv's day Vicannya Rob_t Zobov'yazanі Transfer VII VIIVALENІ CULTURNIY TSINNOSTІ (including Anthropogennі, anthropologist, Paleozoologist, Paleobotanіchnі інші історико -cultural value) on the permanent saving to the sovereign part of the Museum Fund of the Russian Federation.
We have not been able to show in the Russian legislation other provisions that regulate the legal regime of archaeological objects, the crime of establishing more norms for the Law on objects of cultural decline. In this way, on the basis of the establishment of more norms, it is necessary to determine, in which case the significance of the significance of the objects, which is the civil and legal nature of the archaeological knowledge.
The value of archeological knowledge may be more specific, scientific, and not the main character. For example, to archaeological knowledge, the remains of people and creatures can be seen, or from the habitation point, the sight of "zipsovani", "substandard" objects. Archaeological excavations and purposeful activities to reveal relevant objects.
Treasures, znahidka, throwing speeches - special varieties of stateless speeches. Please note that archeological knowledge is not reflected in the Civil Code of Ukraine by a specific variety of stateless speeches. Vіdpovіdno to st. 225 of the Civil Code of the Russian Federation bezgospodarnoy є rіch, yak can’t have a sergeant, or a sergeant like nevіdomy, or rіch, because of the right of power to yak a sergeant-major. The right to power in stateless speeches may be added to the previous period, as it is excluded by the rules of the RF DC on specific types of stateless speeches. The right of authority to archeological knowledge cannot be given due to the recent prescription. Special legislation establishes the presumption of sovereign power on archaeological objects that are found.
Well, the discovery of valuable archaeological objects in the results of exploration and excavations is one of the ways to establish the right of authority over the objects of archaeological settlement. The literature stated that the editors of Art. 218 of the DC of the Russian Federation, they were appointed to have the right to exercise the right to power, although the stench does not suffocate the right to exercise the right to power. Such wadi bulo would be easy to escape, yakbi st. 218 of the Civil Code of the Russian Federation was supplemented by a statement on those who were rehabilitated in the Crimea, they could have other ways of gaining the right to power.
The method we have explored to establish the right of power over cultural values is even more specific. First, zdіysnyuvati vіdpovіdnі works z on the basis of the appointment of objects may have the right to less qualified individuals, if they took away at the price allowed established by law order. In another way, the presumption of sovereign authority has been established by special legislation for all designated objects. Thirdly, these objects are always recognized as objects of the cultural decline of the peoples of the Russian Federation, including those of federal significance.
In connection with this, the mechanism of such a method of establishing the right of authority as an archaeological excavation has not been reported in legislation, but in practice it is blamed for a lot of food.
First of all, with respectable legislation, with a glance, it’s easy to see what a “monopoly” of the state has been established in Russia for carrying out research on archeological objects. The law on the objects of cultural decline to avenge the formula. As it was planned more, there are few more about those that all archaeological works can be carried out on the basis of permission (Vidkritogo list) and about some "physical and legal osіb, like archeological field works were carried out." In such a rank, from the change of the law, the law unambiguously sees more than a fence for carrying out viable work without its “sanction” by the state. Rabeshe Dіlaal Introduction to Vіdkrit-Lista on the right of the VIRKOPOKON OF THE ARCHEOLOGICHITING ROSERODOK І ROSKOPOKON 1991 R., Hardwood, the archaeological institute of the Archaeological Ran, Zuzuvulosha, Scho Polanii Doszlіzhnya Archaeologic Chi'yatok You can spend your devil "in the sciences of centuries in special regions with defensive, museums, universities that are authorities to Oboroni. organizations, po'yazanimi from such a funeral. At the ceremonial Regulations on virobnitstvo archeological excavations that exploration and exploration of the 2001 Listings, approved by the Institute of Archaeology of the Russian Academy of Sciences, is also transferred, that “Polish archaeological investigations (excavations and explorations) can be carried out only in scientific, protective and obligatory purposes by scientific and scientific restoration, laying foundations museums and sovereign bodies for the protection of monuments of history and culture.
In this rank, formally, in the establishment of documents, there is no place for fences on the witness of allowing non-state organizations. (As you can see, the establishment of such museums can be both state-owned, and private or municipal.) The directness of the document, which is commented on, refers to those that, basically, are seen by the most specialized state-owned organizations.
In connection with this, the Law on the Objects of Cultural Heritage at Art. 45 having established that the procedure for the visualization of permits for carrying out archeological work may be established by the Order of the Russian Federation, in this hour, a draft decree for the resolution of the Order of the Russian Federation was developed, which confirms the Regulations on the procedure for the filing of critical lists. For the new one, there is a better formula: “the right to take the Opening of the Sheet and the field of archeological robots can be done by the last ones, like they can do special training, like Volodymyr modern methods carrying out excavations and investigations and fixing their results in the form of the Science Star”. Introduced a formula for poklikane, at a glance, to liberalize the system of species of Vidkritih arkushiv, allowing to carry out archaeological work as a practicing state organization, and other qualifications. It should not be forgotten about the fact that the individuals were appointed after the completion of the work of goiters to transfer the objects found to the part of the museum fund of the Russian Federation.
It is necessary to ask for help and food if you allow the owner of the land plot to carry out excavations. Legislation has no provision for delimiting the conduct of archaeological work on sovereign, municipal and private lands. This problem is not so relevant in vipadkas, if the land is a land lot, archeological field work is carried out at some sovereign organization, working with the sovereign authority. (Most of the official archeological work today is carried out on lands of historical and cultural significance, which are being transferred to the state authorities.) We did not manage to develop norms in the legislation that regulate the conduct of excavations on private or municipal land.
Such a strong interest in the problems of archaeological subjects today is quite natural. It's no secret that in stay rocky Our country was overwhelmed with the blight of the so-called "black archeology". In connection with the transfer of law, the mechanism of establishing the power of the right to power over the objects of the archaeological recession of the Daedalus often fails. The biggest problem in this situation, in our opinion, is not in the fact that objects, which are reappearing, do not belong to the sovereign authority, but in the fact that unauthorized excavations of buildings and illegal archeological ruins of Russia.
As you can see, in archeology, the meaning of the title “context of knowledge” can be so great (like speeches are rattled at once, for some environments the stench has been drained into the ground thinly). Radian hour The main legislator's claims were based on the preservation of non-violent monuments (settlement, cemeteries, ancient fortifications, etc.), and not just objects. That approach was accepted by those who, after the Zhovtnevoy revolution, became the ruler of the earth, and also of archeological monuments, became the state. On the other hand, great statutes were liquidated, which allowed the creation of great private collections of cultural values. Professional robbery excavations were blind. In this manner, the protection of the main body of archeological knowledge - archaeological monuments, was vowed by the whole world for the destruction of the looting of cultural values.
Liberalization of the community turnover, which took place in our country, completely changed the situation that developed in the Radian hours. On this day, land plots, on the territory of which archeological monuments are spread, can lie on the right of moisture, orendi just. private persons. In addition, economical plantings of great private collections of cultural values appeared. Tse caused the formation of a steel drink by them, and as a legacy of this - before the appearance of such cultural values - about "black archaeologists", how to conduct a planned mass plunder of archaeological monuments.
The illegal market of archaeological knowledge is a significant segment of the illegal market of cultural values. It is important to know the number of collectors, yakі bazhayut come to the same archeological object. The beginnings of the molding of the robbery market excavations of archeological monuments were lifted on a new day. Even though earlier the stench was small, the vipadkovy character and, through the tse, the insignificant shkodi started, now they are engaged in by professionals, as if they have sufficient knowledge, the necessary technique and possession, as a goal to select objects for the search for values. In today's minds, there is a process of distinguishing rickety cultural values, as if they were consuming the market. May all objects be stunned by vicious signs. In addition, it is hoped that pardoning information will be given about the region in order to avoid gaining competitors, and it would be impossible to distort the legend about furnishing knowledge of the speech. It is practically impossible to find the correct context of the knowledge of the times.
In this manner, the introduction of archeological objects in the state's obіg, the formation and collection of collections of similar cultural values by the significant world is illegal, calling for the illegality of the primary supply of these objects.
UDC 130.2 (470 BBK 87
A.B. Shukhobodsky
an object of archeological decline like an ocremium a phenomenon of cultural values
Characterized by the peculiarities of the monuments of archeology as objects of the fall, the distinction between the objects of the archeological fall. objects of cultural decay, reminders of the history and culture of the funeral procedures.
cultural value, object of archeological recession, cultural recession, reminder of history, reminder of culture.
None of the monuments of archeology can be seen to one of the types of objects of cultural decline (monuments of the history and culture). At that very hour, the legislature is constantly brought to ask for more details about the objects of archeological decay, that it is indirectly noted about their inconsistency with other objects of cultural decay.
The Law of the Russian Federation dated 25 Chervnya 2002 No. 73-FZ “On objects of cultural decline (reminders of history and culture) of the peoples of the Russian Federation” (given the Law on OKN) especially sees “objects of archaeological decline”. Tse z tim, scho є objects of cultural heritage of a special kind. The stench that po'yazanі z them objects of material culture can be seen up to the okrema category. Like other "remembrances of the history and culture", the remembrances of archeology can be represented by a variety of objects, ensembles and remembrances. At the same time, the objects of the archaeological recession have a number of features, which can be seen in a number of other objects of the cultural recession. So, all monuments of archeology with historical and cultural value are brought to objects of federal significance and are immediately recognized as an invisible part of the all-world cultural decline and gain the status of manifested objects of cultural decline of the day of their discovery.
Looking at the monuments of archeology and monuments of history and culture, it is necessary to look at the familiar signs.
The first sign of the object of archaeological decay - those that, regardless of the direct provisions of the Law on those that objects of cultural decay are unshakable, objects of archaeological decay can be both unshakable and shattered cultural values, їх u especially
a group of reminders of history and culture. In this case, the main ruinous archaeological values are revealed during excavations on non-permanent objects of the archaeological recession.
Another sign of polygaє in the fact that on the vіdmіnu vіdmіnіh nіvіdіd'єmnih ob'іd'єmnih ob'єmnih uzhytkovі obtіnіtі, painting and sculpture, indistinctly connected with the memory of history and culture that is left in a new, roaring object of archeological decay is lost from the excavation. Protyagom troh rokіv od day vikonannya arheologіchnih robіt usі viyavlenі kulturnі tsіnnostі (vklyuchayuchi antropogennі, antropologіchnі, paleozoologіchnі, paleobotanіchnі that INSHI ob'єkti scho toil іstoriko cultural tsіnnіst) povinnі Buti peredanі on postіyne zberіgannya to the State Museum Fund Chastain Rosіyskoї Federatsії. In this way, for objects of archeological decay, for the guidance of other objects of cultural decay, food for the museum of rumpled cultural values, the law is to be fixed.
Tertє - on Vіdmin Vіd Tsіlsopsovano Roboti, Scho held for the welfare of Novyih "Pam'yatnikiv Istorії TU BULTURI", s metro station їh Ohoroni, Ta Sberry in Mishtsy ї ї Retašuvannya, Shodo O'єktіv Archaeologian Sauchdrani Lisha in Vinnyovichi Breakdowki Allowed Ratvalnі archeologist or to frequent studies of archeological knowledge from excavations. It is not the fault of the Law on OKN to carry out a systematic work of revealing the reminders of archeology. The possibility of carrying out a scientific meeting of archeological memorials sounded sharply, ringing all the possibilities, all the way to the entrance to save these objects during the carrying out of weekly and other earthworks, and not the possibility of carrying out other studies. Such a feast,
unconditionally, let's have mercy on this phenomenon, which has a rich history of the daily scientific researches, which have supersedically expanded the phenomena about the history of the world and allowed us to clarify the chronology of historical and prehistoric subdivisions. And in some way, you can’t go wrong with Sigmund Freud, who said: “archaeological interests are quite laudable, but don’t hesitate to dig, as if the lives of living people are being lifted, so that the lives of people collapse and under their ruins of people.”
Fourth Meeting - TE, SHO NIPERSHA EKONYCHNA TSINNІST ON'єKTIV ARCHEOLOGICAL SPAIDS MOVA MOVER BETI CUSTOM BUILTY NEW FOR THE CIRNIBER OF THE EXCHANGE CULTURE CIRNITIONS THROUGH THE YAKI OF THE ARCHEOLOGY CIRCESSIONS VONEVENNA BY YAKI SVIDECHNY ISNUVENNA ARMILIKH POCLYA, OSK_LIKS ARTORY INDUSTRY. In this rank, the stench may be of less interest to those who have gone before, adding to the picture of the distant past, not looming the value of doing art.
P'yaty - "polovі archeological investigations (excavations and explorations) can be carried out only in scientific, protective and public purposes by scientific and scientific-restoration installations, higher initial pledges, museums and sovereign bodies for the protection of monuments of history and culture." In case of any work, the demonstration of such objects of archeological decay is carried out on the basis of permission (open sheet), which is seen as a term, no more, lower by one river, for the right to carry out the first sight of such work. Vіdkritiy sheet is not seen to be established, but to a specific student, who may have received training and qualifications. A note about archeological field work and all field documentation for a period of three years from the date of completion of the term of the final sheet for transferring to the archives in the Archival Fund of the Russian Federation in accordance with the Federal Law of July 22, 2004 No. 125-FZ "On the Russian Archiving".
The sign of the sign - paragraph 3 of Article 49 of the Law on OKN is established that the reminder of archeology is transferred exclusively from the state authorities, and paragraph 1 of Article 50 fixes the impossibility of introducing the object of archaeological decay from the states
new authority. In addition, land plots or land plots of a water object, in the midst of which there are monuments of archeology, landscaping in circulation - according to the Land Code of the Russian Federation (given by the Land Code of the Russian Federation) the stench does not come from private authorities.
Specifically, those who are a reminder of archeology and a land plot or a plot of a water object, in the midst of some vineyards, are known to the civil society. In case of any land plots or land plots of a water object in the boundaries of the object of archaeological recession, it is necessary for article 99 of the Land Code of the Russian Federation to lie down to the lands of historical and cultural significance, the legal regime on which is regulated by the Law on OKN, the Land Code of the Russian Federation and the Federal Law of the Russian Federation "On the State registration of rights to non-ruhome mine and pleasing from them ".
At the borders of the lands of historical and cultural recognition, a special legal regime of lands victoriousness is introduced, which harrows the activity, without a doubt with the main identities of these lands, at the time of the archaeological site, the main recognition of the yogo conservation of that vikoristannya. On the lands of historical and cultural recognition, zocrema lands of monuments of archaeology, which are supposed to be preserved and conserved, apparently up to the RF Land Code, it can be fenced off whether the state's activities. Vіdpovіdno to st. 79; 94; Art. 99 of the Code of the Land of Historical and Cultural Recognition in different countries for the purpose of recognition may be discriminated against by the landowner.
Specific and those that are objects of archeological decay are complex reminders that can be collected from the collection of natural and historical and cultural objects. At the link with zim, the food of the їhnoyї okhoroni is seen in the rich legislative acts. The great rozdil avenged in the Mistobudivny Code of the Russian Federation. "... In the settlements and territories, there are monuments of history and culture, zokrema, monuments of archeology ..., in some of them, they are fenced in between the municipalities, the government, which is responsible for the objects of historical and cultural decay" . How natural objects of nutrition and their protection are considered in environmental legislation. At the link with tim that archeological pa-
Suspіlstvo
roztashovanny peninsulas on the surface near the soil ball of modern land, food for the protection of archaeological monuments are seen from the land legislation. Archaeological reminders that lie below the current ball of soil, tobto. at nadras, which fall under the law of the Russian Federation "On nadra".
The greatness of science and the cultural value of the monuments of archeology, as well as the situation that the government's activity and everyday life can set up monuments of original shkodi, legislation transfers low special entrances to ensure the safety of your work.
According to the law on OKN, the specifics of designing and carrying out land management, earthworks, budding, reclamation, state and other works are only for the obviousness of the historical and cultural expertise about the day on the territory, which is supposed to be developed, the object of cultural development. At the time of the discovery of objects of archaeological decline in the territory, which is supposed to be developed, before the projects of carrying out such works, they may be introduced, and they were divided into places for the safety of the discovery of the objects. The law on OKN protects such a land lot with objects of archaeological decay, as it can destroy the current camp, or the leader of the old historical and cultural middle ground. Organizations for the protection of objects of cultural decline may have the right to impose a future or other work, as in the course of their conduct, the threat of the foundation of the object of archaeological decay, or they do not interfere with the transfer of legislation to security measures. For the violation of the law, there are archeological reminders that can be criminal, administrative and other legal liability. Individuals, as if they were responsible for the object of cultural decline, goiter, also made the variety of entrances necessary for their savings, which did not cause them to suffer from administrative and criminal activities, transferring them for such money.
Іstotnoy vіdmіnіstyu monument of archeology in the form of other monuments of history and culture, i.e. those, by which means the preservation of the objects of archeological decay is ensured. Vitchiznyan and foreign practice of vicorists
so form that option for the safety of the archeological memorials in the areas of carrying out everyday and other earthworks.
a) More scientific research of archeological monuments, the integrity of which can be destroyed under the hour of everyday life. Such doslіdzhennya include: - display of reminders by the way of archeological explorations on the mines; Stationary archeological excavations of monuments, as a rule, are carried out by hand using the most ancient singing methods, fixing all the features of the monument and surplus spores, pohovani toshcho; cameral processing of otrimanih during the exploration and digging of speech and other materials, their conservation and restoration, carrying out the necessary special analyses, scientific description of the materials; folded scientific knowledge about Poland and cameral research; the transfer of materials from the field work on a permanent basis to the museums and other state convents. Science research is the most wide-spread and universal form of the preservation of archeological memorials in the areas of everyday work.
b) Vinesennya (evacuation) of reminders between zones of flooding and carrying out work. Although quiet objects of archaeological decline, as a rule, can be seen as indestructible monuments of the history of culture, that form of security can be stagnant in the arc of the environment of the world, and as a rule, less than to the last elements of the monuments (except architectural details, graves, naskelnі little ones too) .).
c) The creation of zahisnyh spores, which are surrounded by shkidlivy inflow of project objects on archeological memorials. It can be recommended during the life of the great reservoirs and only the most valuable monuments, the shards of the construction of the old outbuildings, as a rule, become a great honor for the versatility of the total scientific research of the monuments. In the late hour, there was a tendency to create demonstrative maidanchiks in the middle of the restoration period, which will allow putting together the evidence about the history of the object along the path of conservation of the most important elements of archeological monuments on the mystic and physical sciences.
d) Inclusion of the area of archaeological monuments from the zones
nya budіvelnyh robіt abo zones of flooding (for example - zmina route gas oil pipelines, ztim, so that the stench did not stick around archeological monuments, zmina roztashuvannya okremih spores toshchoo). We can only recommend it for the obvious technical feasibility of such an inclusion.
In a specific additional way to ensure the safety of archaeological monuments in the areas of everyday life - an archaeological view. Carried out by fakhіvtsy-archaeologists of the complex of visiting the protection of memorials near the zones of budіvelnyh robіt, it is safe, as evidenced by practice, optimal solution upcoming appointments:
1) Control over the implementation of the current norms of civil legislation for the protection of monuments of the history of culture in the territory of everyday life.
2) Control over the frequency and quality of vikonannnya zakhodіv schodo protection of a particular object of archaeological decay.
3) Monitoring of the archaeological situation on the entire territory of everyday life in the process of buddy-assembly work.
4) Evaluation of the overall results of the protective archaeological work at a glance, predicting the archaeological situation in the sumizhnіy territory.
Demonstrating that the monuments of archeology exist in other objects of cultural decline, it is necessary to see in the world the phenomenon of the object of archaeological decline, the stinks of the stench mayut the dual nature of the roughness and the unruliness. Їх legal status May be appointed by special legislation. Moreover, the unruly monuments of archeology are due to the status of monuments of history and culture (objects of cultural decline), and the ruined museum evidence, like the ruined cultural values of the study of rozkopiv, and the status of museum objects.
The impersonal problems are called out by those who, when coming or renting a monument, a person, as a matter of convenience, does not know about the need, and even more so, the variability of carrying out archaeological archaeological work. At the link with chim vlasniks and orderlies, they constantly shy away, trying to find archeological memos, in order to get rid of the additional vitrats. Tse pitanya can be blamed on the sovereign and municipal level.
The other innocent meals are those that have been carried out again
archeological excavations, as near the land of the village, there are no cultural values \u200b\u200band a lot of cultural values \u200b\u200band a lot of vineyards from an archaeological point of view, do not appear in the list of archaeological objects of cultural decline. In truth, wines cease to be so and only as a good (reference point), de object of archaeological decay was known before the archaeological work was carried out.
At the link with the cim, after a new complex of archeological work was carried out and the study of all cultural values from the excavation and at the time of the presence on a specific site of non-violent monuments of archeology, this site may be taken from the registry of the archeological site of the pastoral that culture and take away from the registry the status of a newly crowned object of archeological decay
Schoba Unicnuti Snaddle, Land Dіlanka, Scho Maody Potenty Road Archeologist Tsіnnіst, recognized for Budіvel, such a job, Shaho Vimagyutin in the ball ґрунтуту, I can't have anyway, the ABO is transmitted by Pіd Budіvnittva TA municipalities, without prior carrying out of emergency archaeological work. A similar norm may be legally fixed for the hour of carrying out repairs and other permitted work on such land plots.
The problem that is constantly being discussed is “black archeology”, which is why illegal excavations are carried out. The biggest problem is not so much in the fact that cultural values, which are seen, are taken to the black market, but in the fact that the wrongful shoddy archeological recession of Russia, but, also, all the world's cultural recession. As a result, the "black archaeologists" are trying to find contextual insight into the artifact, through the study of the object of archaeological decay from the first natural environment and the use of historical information, which is located in the current system, through the intercourse between the past. In connection with the growing interest in culture and history, the order from the knowledge warehouse was formed and commercial, which is expressed
Suspіlstvo
tivno-uzhitkovy art, painting or sculpture є zvichaynoy theft, at that hour, as if illegal excavations were carried out, have a richly folded legal character.
It is necessary to note the peculiarity of the monuments of archeology, which, in the first place, should be adopted by the successor to have an abstract and mythological character. For example, Troy is closer to the connection with Heinrich Schliemann or the film, but not from the city itself. More than that, wanting more scientists to think that Schliemann knew Troy herself, there is no full guarantee of identifying the place with the mythological Troy of Homer. Tutankhamun is taken as a sorcerer by Howard Carter of an unlooted tomb, but not like a pharaoh of the New Kingdom; Dovmont's sword at Pskov is not old enough to Dovmont, shards were created 200-300 years ago, lean.
Considering the objects of archeological decline, it is important to note that the monuments of archeology are considered a phenomenon in the system of culture and guilt to be looked upon as a real phenomenon in the shadows of the decline and preservation of cultural identity.
have a drink archeological artifacts. Through the opening of the open market for trading in cultural values in Russia, the activity is of a criminal nature and has a superbly wide development.
ZV'Inkuz z Sovitstka Intternets Available Rabes Satricks Іnformakії about Mozaliv Miscea Roshkashuvanna Og'єktіv Archaeologian Sauchdan, Tu Wow, Shcho Dzvololi (Metallushukachi), Shaho Doszoloє to see the cultural center in Glyubini to the Two Metriv, revealing Tsyi Dyalnіst to the great illegal bіznes. For the sake of a strict legal solution, otherwise the cultural recession will lead to great controversy. Zokrema, can't wait, with the proposition of T.R. Sabitov to include before the RF CC the article “Illegally confiscated by cultural values, like a sackcloth, like a sack of such unknowns” . The description of the criminal phenomenon is also the specificity of the objects of the archaeological recession. It is not typical for other monuments of the history of culture, to the fact that it is an example of objects of cultural decay of objects of decor.
list of references:
Mistobudivny Code of the Russian Federation. - M.: Eksmo, 2009. - 192 p.
Law of the Russian Federation dated July 21, 1997 No. 122-FZ “On the State Registration of Rights to Non-Home Mino and Pleasing to It” // Verkhovnoy Vydomosti. - 1997, No. 30. - Art. 3594.
Law of the Russian Federation dated September 10, 2002. No. 7-FZ "On the protection dovkilla» // Vіdomostі Verhovnoї. - 2002, No. 32. -St. 133.
Law of the Russian Federation of December 25, 2002 No. 73-FZ “On objects of cultural decline (remembrances of the history and culture) of the peoples of the Russian Federation // Verkhovnoy Vydomosti. - 2002, No. 26. - Art. 2519.
Law of the Russian Federation dated July 22, 2004 No. 125-FZ “On archive rights in the Russian Federation” // Vidomosti Verkhovnoi. - 2006, No. 43. - Art. 4169.
Regulations on the selection of archaeological excavations and investigations and on the discovery of leaves. Approved by the Supreme Council of the Institute of Archeology of the Russian Academy of Sciences on February 23, 2001. - M., 2001. - Internet resource. Access mode: http://www.archaeology.ru/ONLINE/Documents/otkr_list.html#top/ (date of access 20.05.2011).
Decree for the Radiation of the Ministers of the SRSR dated 16 September 1982 No. 865 “On the approval of the Regulations on the protection of memorials of the history of culture” // SP SRSR. - 1982, No. 26. -St. 133.
Sabitov T.R. Protection of cultural values: criminal law and criminological aspects / Abstract of the thesis. ... cand. legal Sciences. - Kyiv. 2002. - 12 p.
Sukhiv P.A. Archaeological remembrances, their protection, the appearance of that first wedding. - M.-L.: AN SRSR, 1941. - 124 p.
Troyanovsky Z. On what do black diggers fall for // Novgorod Internet newspaper. – 2010, 31 sickles. - Internet resource. Access mode: http://vnnews.ru/actual/chernokopateli (05/20/2011).
Criminal Code of the Russian Federation, dated June 13, 1996, No. 63-FZ. With comments until the rest of the changes. - M., Eksmo, 2011 - 272 p.
Freud Z. Psychology of the Mast Analysis of the Human "I" // Someday One Illusion / Per. with him. - St. Petersburg: Abetka-klassika, 2009. - S. 158.
The most important source of information in the past is archeological objects.
Archaeological recession - tse sukupnist material objects, which are known as a result of the life of people, which are saved in the natural minds of the terrestrial surface, in the earth's surface and under the water, which is manifested by the phenomenon of zastosuvannya of archaeological methods.
Archaeological warehouse:
- archeological territory - a plot of land, which includes an archaeological object (a complex of objects) and adjacent land, which ensured its functioning in the past and is necessary for conservation in the current and future;
- archeological territories - the abundance of material deposits, which save the traces of human activity and to avenge obvious latent information about such activity;
- archeological monument - the whole object, manifestations and follow-up by archaeological methods and may documentary fixation of information taken in the process of manifestation and discovery;
- archeological object - church relics, excavated during scientific excavations or in the process of state and other activities, as well as findings of the first and foremost attribution and identification of other similar objects;
- verbal surplus - the whole subject, which reflects the life of a person, the connection with the archaeological object and the manifestations of the process of the formation of the object, or the manifestations of the posture of the object and the appendage for the acquisition of information about the past.
Archaeological decay is a part of material culture, basic information about yak can be taken by archaeological methods. Spadshchina includes all traces of human habitation and is accumulated from a place that fixes all the activity of people, including those who left the ruins and ruins of all species (including underground and underwater) at once from the usual ruhomim cultural material.
Vivchennya settlement of the past epochs gives the most important information about the development of prosperity and culture. All these views are scooped up by the path of cultivating the speeches found on the earth, the excavated spores, which are tied among themselves by a special kind of nasharvannyami.
“Monuments of material culture,” wrote L.M. Gumilyov, - they clearly indicate the period of rozkvit and the fall of the peoples and follow a clear date. Speeches, like the earth, chi old graves do not try to introduce the clergyman into Oman and feign the facts.
In order to ensure the preservation of archeological decay and to correctly put into practice the legislation on the protection of historical monuments, it is necessary without intermediary with a special law (about this concept, see below) to imagine the basic legal provisions (the concept of a practical apparatus, practical archeologists) to understand that for practical purposes.
For the most important legal understanding, what may be scientific, and practical, is a cultural sphere.
We do not know the meaning of the cultural ball in the normative acts, so we are afraid of special literature. So often the author is brought to repair the analysis of the objects of cultural decline. The most detrimental of this plan is the legislation on the protection of archeological monuments, but the impersonal food is not regulated normatively. Nasampered, not razvineniya juridical apparatus of this institute, there are no definitions of archeological objects in legal acts, classification of monuments of archeology is not introduced.
Also, the cultural sphere is the upper sphere of the earth's supernads, formations in the process of anthropogenic activity and the accumulation of material surpluses and transformations in the process of state activity of earthly versions. The cultural ball of archeological territories as a place of conservation in the natural minds of archeological objects and speech surpluses for protection and exclusion of s-pomіzh teritory of the government's activities. The cultural ball sings more darkly zabarvlennya, nizh navkolishnya earth. At the warehouse of the cultural sphere, there is a real historical process, all the originality of the material life of the society. The axis of this development of the cultural sphere is the development of the historical process. The value of a cultural sphere is found in quiet historical visnovkas, as you can grow on the basis of a vyvchennya.
The subject of archeological excavations is the placement of non-destructive objects and non-destructive objects that are found under the ground in anthropogenic or natural sediments (deposits) and are called cultural layers (layers, balls). All these formations are called a cultural sphere because of their activity. Wine is settled for a long time.
In this way, the cultural sphere is composed of two inextricably linked components:
- surplus spores;
- nashuravan, scho vіdbivayut osnovny directly hospodarskogo life ts_єї dіlyanki settlement.
It is necessary to understand the analysis of what needs to be introduced to the law “On the protection of the archaeological recession”, which is the author of the initiative.
Earth's nadra (in archeology) - the subsurface layering of the remaining geological epochs, destroyed by the activity of people and save traces or material surpluses of such activity in the appearance of real objects or in their near-field balls.
Archaeological document - information about the objects of archeological decay, their complex and warehouse elements, displayed on material carriers (independently in their forms) that is added to the recognition process of the recognition of an object, a complex of objects of warehouse elements.
Parking - ce mіstsya zhittya and gospodarskoї dіyalnostі people kam'yanoy and bronze vіkіv. (There are no remnants of the old signs of the parking lot, it is only possible to reveal them for the obviousness of the cultural sphere, which is seen by the dark zabarvlennyam of the midst of the otoguchiogo geological rocks.)
The villages are just a leftover settlement, the meshkans of them were engaged in rural subdarial activity.
The ancient settlement is the remains of ancient fortified settlements, which were small forts surrounded by earthen ramparts.
The monuments are also ancient burials, represented by soil and barrow burial grounds.
Mounds - all pieces of earthen mounds over ancient graves, may have a spherical shape, round in plan. The incrustations appear near a truncated cone. The barrows are single, and more often they are grouped in two or three, or they can build dozens of kilka, making burial mounds.
If you talk about threats and risks, if you look at archeological monuments, then you can see two problems:
- the potentiality of a decrease in the hour of the earth and the work of the earth;
- nebezpeka zniknennya after illegal excavations.
to 2001 The sovereign authorities for the protection of monuments did not organize an annual expedition to control the camp of monuments of archeology near Belarus. At that very hour, the ruination of archeological memos is already there. To destroy the monuments for the hour of the earthen work and the work of life. Most of the archeological objects are reduced for an hour of preparation before important visits.
With a similar problem, other countries are facing.
For example, contrary to the law, the akimat of the Zhezkazgan city saw a land lot for the construction of a corporation for engineering communications to the Zhaman-Aibat mine. Tim an hour on the territory of the development of the genera of roztashovani 4 monuments of history and culture - sites of the Neolithic period, sites-mains of the Paleolithic era, sites-mains of Kazbek, the site of the vidobutka of the mid-Bronze Age. The burial ground of the Bronze Age, which is made up of more than 20 burial spores, at the western part of the construction of the Waitas-Aydos-Zhezkazgan water supply.
This list can be continued, but if you want to propagate the deacies, come in and see if you can criminalize illegal excavations near the sphere of illegal excavations, like archeological objects, and military burials. Adzhe wrongly shkoda cultural recession in charge of such a title of "black archeologists", the fight against such twisted and low reasons. Illegal treasure hunters unearth archeological monuments, military burials, and excavate burial grounds. The main method of illegal hoarding of belongings is the collection of antique items, including bone remains of graves (skulls) for private collections.
Among the reasons for illegal excavations can be called the lack of legislature, the accessibility of the search, the increase in the number of people who are safe, how to dig ancient objects and, although it sounds marvelous, an adult interest in domestic history. A great role was also played by those who shukach treasures, having been formed on the basis of clubs of collectors, vicarious organizational structures that great zv'yazki.
The study of this problem shows that Belarusian archeological knowledge is especially popular in the lands of Western Europe, and in the metropolitan areas of the SND. In singing stakes, it has become fashionable to have home museums of old times, in some archeological objects (and mostly home stuffing, items are used, coins are just enough) to take up more space. Such a private "museum", which is formed from archeological knowledge, is illegal in principle, to that the monuments of archeology are rebuked by the victorious power of the state, and the venerable objects give scientific merit.
For an illegal shukach of belongings, an archeological memo is to make a profit. Selected words vary from context. A lot of shukachi treasures activate their activities, especially if the land is vologous, fluffy, friendly to the work. As a rule, autumns and springs are celebrated, which chronologically zbіgaєtsya with the traditional period of archeological surveys, as they are carried out by scientific and recent institutions.
Illegal excavations of archeological objects are carried out as a result of the planting of new metal detectors, and with additional emergency equipment.
For example, "black archaeologists" in the night of 2 to 3 February 2002. on the territory of the sovereign historical and archaeological reserve "Olvia", to which 17 Sichnya 2002 p. By decree of the President of Ukraine, the status of the National was given, equipment was brought in, and, following the exact plan of the mass, they dug up over 300 ancient graves in one hour, looted about 600 graves and two dozen crypts.
The practice is to note that the illegal collection of treasures is actually wider in all regions of Belarus, and the priority is given to the ancient burials of the Mogilev and Gomel regions. Here the burial mounds of the X-XIII centuries were preserved. Bagato who is ruining from them. Monuments of archeology are excavated by "skarboshukachs" to be found near the infected zone. At the red 2004 near the Mogilev region, police practitioners caught up the “black digger” with the prospect of attracting yoga to the point of proof. Near the city of Minsk, practically all mounds, like standing on the verge, opening hours of illegal excavations.
In the rest of the years, commercial objects of archeology, earlier than the foundations on the work of a subsistence stake of professional archaeologists, having gained the scale of a rich profile business. Prote attract to vіdpovіdalnosti for illegal excavation of archeological objects - a rіdkіstіn pіrіkіtsi yak pravohohornі, і і kontrolyaruyuchih organіv.
As you can see, the legislator can take the path of introducing changes to the criminal and legal norms, which will establish a waiver for the ruination, or the destruction of the memory of culture (to be on the verge of Art. 344 of the Criminal Code of the Republic of Belarus). Tse mozhe buti independent part of the statute, in a kakіy yak qualіfіkuyucha sign transferred vіdpovіdnіnіnіnі for dії, scho brought to ruining, or poshkodzhennya monument, skoєnі z metoyu search for archeological objects or remains buried. Greater strictness may come at times when the villagers themselves die, until it is more important to enter the professional expeditionary activity from the legacy of the archaeological recession, or to honor the memory of the victims of the war.
After Art. 344 of the Constitutional Code of the Republic of Belarus to be replenished with two new parts of such a change (in the initiative version):
“Dії, transferring a part of the first and another tієї statti, scrambled with the method of archeological objects and speech remains of military burials, are punished. ..
Dії, transferred to a part of the first or other part of the statute, charged by the township special to the victories of the service camp, ... ".
Tim himself will create a barrier on the path of illegal archeological excavations, illegal looting of treasures and unauthorized excavations of military burials.
PROBLEMS OF LEGAL ADMINISTRATION PRACTICE
V. V. LAVRIV
ACTIONS OF LEGAL PROTECTION OF OBJECTS
ARCHAEOLOGICAL DECLINE
Objects of archeological decay are the subject of great respect of the Russian legislator for more than three hundred years. In the lands rich in archeological memos, national legislation on protection and the history of archaeological decline has a long tradition. The Russian state, on the majestic territory of which there are a large number of archaeological monuments, began to attach serious respect to the food of their defense already from the 18th century. It can be said with confidence that the legislation of the Russian Empire on the protection of monuments of the history of culture until 1917 was marked on the monuments of archeology.
About those, Jac of the nadavostulosha Vovchennia Vovchennu, the Oh Ohvalo Archaeological Pamyatok, can be convicted, Scho Rosіyska Archaeologian Suspilia, to bend in 1846 Rotsi, Bulo in 1849 was transferred to Suspillya Rosіyska Archaeologian, and from 1852 yogo tradition. Z 1852 to 1864 Pomichnik of the head of the Comrade Bouv Count D. N. Bludov, Pryuda in 1839 LIVE ROSEAD ROSIYSKO GIMPERIA, Z 1839 to 1861 BUVE GUYDERSKY ORDDIENNY KAN8 IMPERTERSKO GIKTOSTІ KAN8 President of St. Petersburg Academy of Sciences (Vizhovo Machukovo Install Rosіysko 1917 rock). In 1860, the Emperor, having allowed the Archaeological Association to be relocated to the Budinka, which occupied Other Vlasnaya Imperial Office of the Imperial Office, de Suspіlstvo and roztashovuvalos until 1918.
The protection and preservation of the monuments of archeology were the subject of international favors (Olympic Treaty of 1874 between Greece and Germany, Agreement between Greece and France of 1887 and a number of other favors).
As a result of archeological investigations, there are indications that, in a row of vipadkiv, they may mean not only for the state, but for the entire people. Tsya environment zoomed in on the problem of protecting the monuments of archeology of international trade. At the ninth session of the General Conference of the Organization of the United Nations for Education, Science and Culture, held in New Delhi, December 5, 1956. a Recommendation was adopted, as a sign of the principles of international regulation of archaeological excavations.
At London, May 6, 1969 signed by the European Convention on the Protection of the Archaeological Spadshchina, as a nabula of chivalry on the 20th of the fall of the year, 1970 The SRSR came to the Convention on February 14, 1991. In 1992, the rotation of the Convention was reviewed. In 2011, the Federal Law “On the ratification of the European Convention for the Protection of the Archaeological Spadshchina (reviewed)” was adopted on 27 March 2011. No. 163-FZ. In this manner, Russia become a participant in the reviewed European Convention on the Protection of Archaeological Heritage.
The Convention provides a clarification of the designation of the elements of the archaeological recession, with which all the remains of that object are taken into account, whether or not traces of the people of the past eras.
The main provisions of the Convention are as follows: the skin side of the goiter is to create a legal system against archeological decay; to ensure that potentially ruinous methods were zastosovulysya seldom qualified and specially upovnovazhennym persons; to live in for the physical protection of the archeological recession; accept the exchange of yoga elements with a scientific method; organize state financial support of archeological surveys; accept international and recent programs; I’ll give technical and scientific support to the way with the exchange of evidence and experts.
With the help of vikonannya goiter, they took the wine for the hour of laying down the international treaty, the powers can zdiyasnyuvat pevnі legislators come in, create for their safety.
Federal law dated April 23, 2013 No. 245-FZ, an amendment was made to the Federal Law “On objects of cultural decline (monuments in the history and culture) of the peoples of the Russian Federation” dated 25 March 2006. No. 73-FZ, Law of the Russian Federation "On the importation and importation of cultural valuables" dated April 15, 1993 № 4804-1, to the Civil Code of Rosіyskoji, the Russian Federation, the Criminal Code of Rosіyskoi, the Criminal Procedure of Rosіyskojo, the Codex of Rosіyskoji Federation about the administrative advice on the adminestiven, of the Relupportune in Part, Scho stause the archaeological decline.
Federal law dated April 23, 2013 No. 245-ФЗ nabuv chisnostі z 27 serpny 2013 p. Article 7.15.1 of the Code of Administrative Offenses of the Russian Federation “Illegal work on archaeological objects” dated April 27, 2014, Article 7.33 of the Code of Administrative Offenses of the Russian Federation “The care of the excavation of earthworks, life, reclamation, government or other workers or archaeological field work, 'Yazkovo's transmissions of the Power of Cultural Tynodnias, Vnaslіt's tweezes of such Robіt "New editors of the Statta 2433 QC of the Russian Federation" Trivnnya Vikonavtsya Eternity, Budislelny, Melikoratovnye, Gersonian Church of the Robіt Chi Archaeological Polivichi Robіt, Zdіysnyuvantsi Visove 'Language transfer to the state of the revealed under the hour of carrying out such work of objects, which may have a special cultural value, but cultural values in the great world', will be held on April 27, 2015.
Regardless of the significant changes, which were introduced before the legislation of the Russian Federation by the Federal Law of April 23, 2013. No. 245-FZ, a lot of problems related to the urgent care of the protection and the development of objects of archaeological decay, so they were left with no vicissitudes on the equal legal regulation. Vrakhovuyuchi obmezheniya obsyag publications, we only mention one of them.
We should be asked to see if we allow the right to conduct archaeological research.
Vіdpovіdno up to paragraph 3 of Art. 45.1 of the Federal Law "On objects of cultural decline (remembrances of history and culture) of the peoples of the Russian Federation" the procedure for issuing permits (void lists), awarding them to be established by the Order of the Russian Federation.
A decree was adopted by the Order of the Russian Federation “On the approval of the Rules of Vidach, awarding and granting permission (void critical arches) to carry out work on the detection of objects of archeological decay” on February 20, 2014. No. 127.
Paragraph 4 of Art. 45.1 of the Federal Law "On the objects of cultural decline (monuments of history and culture) of the peoples of the Russian Federation" was passed, which allowed (restricted leaves) to be seen by physical persons - the inhabitants of the Russian Federation, as they may be useful for archeological purposes work and training of scientific knowledge about vikonan archeological field robots, like labor days with juridical persons, statutory purposes of the activity of some of the conduct of archaeological field work, and (or) connection with the conduct of archaeological field work of science research, that (or) the manifestation of that selection of museum objects and museum collections, and (or) the training of personnel for the for a different specialty.
These provisions can be put into practice before the fact that individuals who do not have sufficient qualifications will be allowed to conduct archaeological work, and, at their own risk, cause the waste of important archaeological reminders for science. Podіbne sudzhennya bewildered by such furnishings.
Legally special, statutory purposes of the activity of any archeological field work, you can be a legal person independently of the organizational and legal form, so that archaeological works can build organizations, which work not on the mischief of science, but on the mischief of science.
Prior to the legal ones, the practitioners of such can win a vote of arkush, organize organizations, zdiyasnyuyut "training of personnel with the highest qualifications in the field of specialty". Prote about yaku spetsіalnіst go? It is logical to admit archeology as a specialty. However, the Zagalno-Russian classifier of specialties for education (OK 009-2003), approved by the Decree of the Sovereign Committee of the Russian Federation for standardization and metrology on 30 September 2003 p. No. 276-st, specialty "archeology" daily. Close to her are specialties 030400 "history" - bachelor of history, master of history and 030401 "history" - historian, vikladach of history.
The Nomenclature of Specialties of Science, approved by the Order of the Ministry of Education and Science of the Russian Federation on February 25, 2009 No. 59, at the branch of "historical sciences" the specialty "archeology" was transferred. However, the classification is given only to the point of being osib, as it may be an advanced scientific step.
With the method of optimizing archeological work, with a glance of their scientific priming, it would be necessary to obtain obov'yazkove licensing for legal osib, assigned to paragraph 4 of Art. 45.1 of the Federal Law "On objects of cultural decline (monuments of history and culture) of the peoples of the Russian Federation". For a centrally needful question of paragraph 4 from Stratti with the words: "Tu Majut Lіcenzіu on Zdіysnenna Archaeologic Childi Robіt," and Torzheti P. 4.1 such a zm_stu: "Procedure of the L_zenzії in the archaeons of the Archaeological Poliviki Robita » .
Vіdpovіdno up to paragraph 13 of Art. 45.1 of the Federal Law "On the objects of cultural decline (monuments of history and culture) of the peoples of the Russian Federation" the archeologist of the archaeological sex work is a physical person who carried out the archaeological field work, that legal person, the laborers have such a warehouse, singer Trioh Rockiva Day Zakіnchennya Thermal DIA Dosvil (Vіdcround List) Zobov'yazanі Transfer in order, an inclined federal body Okoroni Ogєktіv Cultural Spanching, SVI VILUMI ARCHEOLOGIKHNI TOPOINT (INVESE OF ANTROGENNIY, ANTROPOLOCHNI, PALEOSOOLOGY, PALEOPOTNIKHNIY TA MYUT historical and cultural
value) to the sovereign part of the Museum Fund of the Russian Federation.
The procedure for the formation of the Museum Fund of the Russian Federation is regulated by the Federal Law "On the Museum Fund of the Russian Federation and Museums in the Russian Federation" dated 26 May 1996. No. 54-ФЗ and approved by the normative legal acts of the Vikonavchos authorities of the Russian Federation - Regulations on the Museum Funds of the Russian Federation, approved by the Decree of the Russian Federation on February 12, 1998. No. 179, in order to establish a clear procedure for the transfer of archaeological objects from part of the Museum Fund. Earlier, the Instruction on the appearance and preservation of museum valuables, which are in the state museums of the USSR, was approved by the Order of the Ministry of Culture of the USSR dated April 17, 1985. No. 290, was issued in 2009 by the Order of the Ministry of Culture of the Russian Federation “On the Approval of the Uniform Rules for the Organization of Molding, Appearance, Preservation and Victimization of Museum Items and Museum Collections, which are in the museums of the Russian Federation of the Breasts” in 2009 No. 842, and the rest of the document was approved by the Order of the Ministry of Culture of the Russian Federation on March 11, 2010. No. 116.
Thus, on this day, there is a procedure for the transfer of important objects to the sovereign part of the Museum Fund, which can lead to the looting of cultural values, taking away the heritage of archaeological work.
Vіdpovіdno up to paragraph 15 of Art. 45.1 of the Federal Law "On the objects of cultural decline (monuments of history and culture) of the peoples of the Russian Federation" scientific sound about the archeological field work for the transfer to the Archival Fund of the Russian Academy of Sciences for a period of three years.
A special problem is the accession to the private authority of land plots, at the borders of some sorts of objects of archeological settlement.
The legal regime of land plots, at the borders of which there is an object of archaeological decay, is regulated by Art. 49 of the Federal Law “On objects of cultural decline (remembrances of history and culture) of the peoples of the Russian Federation”: the federal law established a separate turnover of the object of archaeological settlement and land plots, at the borders of which wines are roztashovuetsya; From the moment of revealing the object of archeological decay, the owner of the land plot can assert his rights to the extraction of the plot of land for the time being, established by law to ensure the preservation of the revealed object.
Objects of archeological recession are rebuffed up to paragraph 3 of Art. 49 of the Federal Law "On the objects of cultural decline (monuments of history and culture) of the peoples of the Russian Federation" in the sovereign authority and zgidno z p. 1 Art. 50 assigned to the Law are not subject to exclusion from sovereign authority.
Land plots, occupied by objects of archaeological decay, are interchanged in circulation (subclause 4, clause 5, article 27 of the Land Code of the Russian Federation).
Land plots that are connected to lands that are subject to turnover are not subject to private authority, crimes imposed by federal laws (paragraph 2, clause 2, article 27 of the Land Code of the Russian Federation).
In this way, we can state the presence of the orderly legislature of the sole fencing on the privatization of land plots, as if they were brought into circulation, with a little vindication, as established by federal laws.
On the basis of constructions about the settlement of land holdings and the object of archaeological recession, there are vysnovok about the settlement of land holdings in the free civil society.
Such a visnovok should be brought up to the point where the law-enforcement practice supports the privatization of land plots, in the middle of which there is an object of archeological decay, it is positively seen by a number of vipadkiv.
An example of such an approach can be the Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation on April 21, 2009. No. 3573/09 in reference No. A52-1335/2008, charged in reference to the privatization of the land plot by the vlasnik, in the boundaries of which the object is roztashovuєtsya.
Establishing the possibility of privatization of land plots, at the borders of which the object of archaeological decay, the Presidium of the Supreme Arbitration Court, was attacked by the offensive.
Vіdpovіdno up to paragraph 1 of Art. 36 of the Land Code of the Russian Federation, which is not yet established by federal laws, the vlasniks will be able to turn off the right to privatize or to grant the right to lease land plots, for which roztashovaniya budinki. Tse zdіysnyuєtsya in order and on the minds, vstanovih Land Code and federal laws.
Prote, yak screaming from paragraph 1 of Art. 36 of the Land Code of the Russian Federation, the possibility of granting rights to land plots (authority or rent) should be deposited by the rulers in the form of rights to land plots, raising the balance of public and private interests. Yak appointed by the Appointed Constitutional Court Russian Federation dated May 12, 2005 No. 187, the state can designate a number of objects (in a given type of land plots), if they do not allow privatization, as a sign of recognition, a place of significance and other conditions, which will suggest particularities legal regime land plots, which include the possibility of transferring yoga to the authorities.
On pіdtverdzhennya pravovoї pozitsії the Constitutional Court of Rosіyskoї Federatsії stosovno vіdnosin іz privatizatsії Statewide dіlyanok in hover Uhvalі the Constitutional Court of zaznachaєtsya scho zemelnі dіlyanki, vіdnesenі to land obmezhenih in oborotі not nadayutsya in Private vlasnіst for vinyatkom vipadkіv, peredbachenih federal law (Art. 2 Clause 2, Article 27 of the Land Code of the Russian Federation).
The orderly legislature has to distinguish between two different concepts: “the power belongs to the power” of the land plot and the “volodny on the right of power” is the land plot.
The provisions of the Federal Law "On the objects of cultural decline (remembrances of the history and culture) of the peoples of the Russian Federation", which allow the possibility of volunteering on the right of authority with land plots, in the boundaries of which there are objects of archeological decay, following understanding as an example. earlier than the victorious right of power to a land plot at times, as soon as it was given in the boundaries of this land plot, an object of archaeological decay would be revealed and that land plot would be subject to a new legal regime.
In this manner, it is possible to add a note about the non-priming of the position of the Presidium of the Supreme Arbitration Court of the Russian Federation, laid down in the Decree of 21 June 2009 No. 3573/09 at reference No. A52-133512008. It should be noted that, in practice, courts of global jurisdiction and arbitral tribunals may have the right to privatize land plots, roztashovanih at the borders of territories occupied by objects of archaeological settlement, that they do not allow such. Take a look here at the Decree of the Presidium of the Supreme Court of Arbitration of the Russian Federation, which served as the beginning of the formation of a single approach, which allows the possibility of privatization of the category of land plots.
The privatization of land plots occupied by objects of archaeological decay can cause negative consequences. We are going to talk about the impossibility of this kind of scientific education often, or more often than not, people who are attached to the earth have a reason for people, like they perebuvayut at the cultural sphere.
All of the above mentioned about those who dotsilno and nadaly finally thoroughly legislate, that establish the legal basis for the protection of the scientific development of objects of archaeological decline in modern Russia and the practice of yogo zastosuvannya.
