C A C U A TO R S
On Amendments to Certain Legislative Acts of Ukraine
for the Conservation of Cultural Heritage
(Information of the Verkhovna Rada of Ukraine (VR), 2011, N 4, pp. 22)
{With changes made according to the Code
N 2755-VI ( 2755-17 ) 02.12.2010, VR, 2011, N 13-14,
N 15 -16, N 17, pp. 112}

Verkhovna Rada of Ukraine Oh, I am. :
I. Amend the following legislative acts of Ukraine:
1. In the Code of Ukraine on administrative offences
( 80731-10 , 80732-10 ) (Information of the Supreme Council of the Ukrainian SSR, 1984,
Supplement to N 51, p. 1122):
(1) The title of Chapter 7 is set out in this edition:
" Chapter 7
ADMINISTRATIVE OFFENCES
IN THE AREA OF CONSERVATION,
THE USE OF NATURAL RESOURCES,
CULTURAL HERITAGE ";
(2) Article 92 is set out in such an editorial:
" Article 92. Violations of the requirements of the security legislation
cultural heritage
Violations of the laws of protection of the
Heritage:
The Convention on the Protection of the Protection of the
Cultural heritage;
Violation of the regime of cultural heritage sites;
violation of the regime of the historical and cultural reserve or
The historical and cultural nature of the territory;
Conducting repair, restoration, rehabilitation works
at the cultural heritage site, changing the purpose of the monument
cultural heritage, its parts and elements, the making of inscriptions,
marks on it, on its territory and in its security area without
the written approval of the relevant protection authority
Heritage;
the transfer in the prescribed order found below
the time of archaeological exploration, excavation of moving items related to
with fixed objects of cultural heritage, on permanent storage
to museums (state stock stores) which hold the museum
objects and museum collections that are state property and belong to
to the state of the Museum Fund of Ukraine,-
Pulling a fine on the citizens of fifty
to a hundred untaxable minimum income of citizens and on the officials
persons-from a hundred to a hundred non-tax minima
Income of citizens ";
3) complement the article 188-33 of this content:
" "Article 188-33". Non-compliance of the legal requirements of the officials
cultural heritage
Failure to comply with the legal requirements of the officers ' officials
cultural heritage to eliminate violations of the requirements of the
the protection of cultural heritage or the creation of obstacles to their
Activities-
tighten the penalty from fifty to 100.
The non-tax income of the citizens.
Same actions, committed again within a year after imposing
administrative deferment,
Pull the penalty from one hundred to 100.
The non-tax income minimum income of citizens ";
(4) Article 221 after the digits "188-32" supplemented with figures "188-33";
(5) In paragraph 1 of the first article 255:
a paragraph " of the history of history and culture
(article 92) " teaches in such an editorial:
"The bodies of conservation of cultural heritage (Articles 92, 188-33)";
Complement the paragraph with this content:
" the administration of historical and cultural precepts,
Cultural Heritage Areas (Article 92) ";
6) Article 259 after part of the third supplement
such content:
" In case of committing violations of security legislation
cultural heritage if the identity of the violator is impossible to establish on
the place of committing a violation, authorized officials of the organs
Cultural Conservation and Cultural Heritage
Nature reserves and historical and cultural reserves
deliver individuals who have committed these offences, to police or to
the executive body of the village, village, city council
to establish the identity of the violator and make up the protocol of the
"Administrative Law".
In this regard, the fourth is the ninth to be considered.
A fifth-tenth.
2. In the Criminal Code of Ukraine ( 2341-14 ) (Information
The Verkhovna Rada of Ukraine, 2001, N 25-26, pp. 131):
(1) in the paragraph of the second part of the first article 193 words " before
fifty "replace" from a hundred to 100 ";
(2) Article 298 of the Board of Editors:
" Article 298. Illegal conduct of search works on an object
archaeological heritage, destruction, destruction
or damage to objects of cultural heritage
1. Illegal conducting archaeological site, excavation,
Other terrestrial or underwater works at the archaeological site
Heritage-
are punishable by a fine to a hundred untaxable income minima
citizens or limiting the will of the will to two years, or
depriving the will of the same row, with the disrespect of the right
Embrace certain positions or to engage in specific activities before
Three years or so.
2. intentional unlawful destruction, destruction or damage
objects of cultural heritage or parts-
are punishable by a fine up to a hundred and fifty non-tax
minimumms of income citizens or limiting the will to three
years, or devoid of will on the same lines, with devoid
right to embrace certain positions or to engage in specific activities on
for up to three years or without.
3. Actions provided by part of the second of this article are committed to
national monument,-
punishable by imprisonment for up to five years with
depriving the right to hold certain positions or to engage in certain
the activities for up to three years or without.
4. Actions provided by parts of the second or third of this article,
are committed to finding moving items originating from objects.
Archaeological site
Punishable by imprisonment for two to five years
Deprived of the right to hold certain offices or to engage in a certain way
the activities for up to three years or without.
5. Actions provided by parts of the second or third of this article,
committed by the service personnel using the service position,-
Punishable by three to eight imprisonment.
the right to hold certain positions or to engage
a certain activity for up to three years or without such a thing. "
3. In the Land Code of Ukraine (1) 2768-14 ) (Information
The Verkhovna Rada of Ukraine, 2002, N 3-4, pp. (27):
(1) Article 53 is set out in such an editorial:
" Article 53. Composition of historical and cultural lands
1. Prior to the land of historical and cultural purposes,
of which are the sites of cultural heritage, their complexes
(ensembles), historical and cultural reserves, historical and cultural reserves
Protected areas protected by archaeological sites, museums
Just heaven, a memorial museum ";
(2) Part of the second article 54 shall be taught in such an editorial:
" 2. Around the historical and cultural precepts,
Cultural and cultural protected areas, the museums of the sky,
memorial museum-sadib, monuments of cultural heritage, their
complexes (ensembles) are set up to the conservation area of the monument
prohibition of activities that harmful affect or may affect
The use of the use of such lands ";
(3) Part of the first article 141 of the paragraph "is"
content:
" is) the use of land in a way that contradicts
the requirements of the conservation of cultural heritage. "
4. In the Civil Code of Ukraine ( 435-15 ) (Information
The Verkhovna Rada of Ukraine, 2003, NN 40-44, st. 356):
1) in part of the eighth article 319 words " national, cultural
and historical "replace the word" cultural ";
2) in part four of Article 343:
in the paragraph of the first word "is a landmark of history and culture"
replace the words " the cultural value according to
Law ";
in the paragraph of the third word " memory of history and culture
discovered "to replace the words" treasure that is a cultural
value has been discovered ";
3) in paragraph 5 of the part of the first article 346 words "of landmarks"
history and culture "to replace the words" of cultural monuments
Heritage ";
(4) In Article 352:
in the title and text words "landmark of history and culture" in all
The differences are replaced by the words "monument of cultural heritage" in
The appropriate mark;
in parts of the first and second words " State agency on
Conservation of History and Culture " in All Differences Substitute
"the relevant agency for the conservation of cultural heritage" in
The appropriate mark;
5) in part 2 of the second article 417 words " commemorations of history and
"To replace the words" cultural heritage monuments ";
(6) Part of the fourth article of 576, in this edition:
" 4. The subject of bail cannot be:
cultural values, which are objects of law of state or
communal property and submerged or subject to the curtain
The State Register of National Cultural Heritage;
cultural heritage sites, listed in the List of Monuments
cultural heritage not subject to privatisation ";
(7) In part three of Article 727, the words "historical, scientific"
exclude.
5. Part of the second article 11 of the Law of Ukraine " On Investment
activity " ( 1560-12 ) (Information of the Verkhovna Rada of Ukraine,
In 1991, N 47, pp. 646; 2002, N 36, pp. 266; 2003, N 10-11,
Oh, 86; 2004, N 17-18. 250; 2005, N 7-8, pp. 162,
NN 17-19, st. 267) after the word "culture"
"Conservation of Cultural Heritage".

{Paragraph 6 of section I lost the validity of the Code
N 2755-VI ( 2755-17 ) 02.12.2010}

7. Paragraph 5 of the Second Article 4 of the Law of Ukraine
"On the lease of state and communal property" ( 2269-12 )
(Information of the Verkhovna Rada of Ukraine, 1995, N 15, pp. 99; 1998,
N 49, st. 301; 2004, N 50, p. 539; 2006, N 8, pp. 89;
2009, N 8, pp. 105) words "(except cultural heritage monuments)"
replace with the words " (apart from the memory of cultural heritage, still
objects that are in the territory of historical and cultural
) ".
8. Part of the fourth article 4 of the Law of Ukraine "On bail"
( 2654-12 ) (Information of the Verkhovna Rada of Ukraine, 1992, N 47,
Oh, 642) to read:
" The subject of bail cannot be:
cultural values, which are objects of law of state or
communal property and submerged or subject to the curtain
The State Register of National Cultural Heritage;
cultural heritage sites, listed in the List of Monuments
cultural heritage not subject to privatisation ".
9. In paragraph 2 of Article 2 of the Law of Ukraine " On privatization
of the State Housing Fund " ( 2482-12 ) (Information from the Verkhovna Rada)
Ukraine, 1992, N 36, pp. 524; 1994, N 24, pp. (182) Words
"Museums are replaced by museums".
10. In the Law of Ukraine "On Protection of Cultural Heritage"
( 1805-14 ) (Information of the Verkhovna Rada of Ukraine, 2000, N 39,
Oh, 333; 2002, N 3-4, pp. 27, N 16, st. 114; 2005, N 5,
Oh, 114; 2007, N 33, pp. 440; 2009, N 8, pp. 105; 2010,
N 9, st. 76):
(1) Article 1 will complement the paragraph of twenty other such content:
" the newly discovered object of cultural heritage is an object
cultural heritage which is listed in the List of objects of cultural heritage
Heritage under this Act ";
(2) Paragraph for the fifth part of the second article 2 to replace the two
paragraphs such as:
" The objects of architecture-separate buildings, architectural structures,
that completely or partially preserved in authentic condition and
are characterized by the honours of certain culture, era, certain styles,
traditions, construction technologies or are the works of famous authors;
Urban objects-historically formed centres
localities, streets, neighborhoods, squares, complexes (ensembles) of
the stored planning and spatial structure and historical
building, including combined with the landscape, the remains of a long
planning and development that are native to certain city buildings
Ideas ".
In this regard, the sixth is the eighth to be considered.
Paragraphs 7 to 9.
(3) Paragraph of the eighth article 4 is set out in this edition:
" Announcement of complexes (ensembles) of attractions
Cultural and cultural reserves of state importance and
Cultural Heritage Areas ";
(4) In Article 5:
In paragraph 5, the word "lists of these objects" should be excluded;
point 19 after the words "their territories" to complement the words " in
Cultural reserves, in historical and cultural
Protected Territories ";
Paragraph 26 of the report read:
" (26) Governance in the order established by the law,
The historical and cultural reserves of the state ";
in the first sentence of paragraph 28, the words "and the provision" to exclude;
5) in Article 6:
in part one:
In paragraph 10 of the word "and the provision" to exclude;
13 after the words "in the protection zones" supplement the words " to
the newly discovered objects of cultural heritage ";
Paragraph 18 is set out in this edition:
" (18) Administration in the order established by the law,
Cultural and cultural reserves of state or local
";
item 7 of the second after the words " on local monuments
the meaning "to supplement the words" of the historical and cultural reserves
Territories ";
6) complement the article 6-1 such content:
" Article 6-1. Order of permits, conventions and conclusions
Cultural heritage bodies
Permits, the consent and conclusions provided by the Act,
They are granted protection by the bodies of cultural heritage.
The decision to grant or vote in the granting of permission,
The approval or conclusion is taken by the body of the cultural
heritage for one month from a day of submission to physical or
the legal entity of relevant documents in the order established
Cabinet of Ministers of Ukraine.
Acquisition of the subject of the right to fail
any action on the exercise of master activity in the facilities
Cultural heritage under the declarative principle is prohibited ";
(7) Part of the first article 13 after the words "syllables"
In addition to the words "which constitute the subject of its protection";
(8) Part of the second article 14, set out in this edition:
" 2. An object of cultural heritage to address the issue of its
registration as a monument to the List of objects of cultural
heritage and acquires the legal status of the newly discovered object
cultural heritage, about which the relevant body of conservation of cultural
The legacy in writing tells the owner of this object or
An authorized body (person).
The transfer of cultural heritage sites is approved
The decisions of the relevant bodies of cultural heritage.
The order of accounting for cultural heritage objects determines
The central authority of the executive branch in the sphere of conservation
Heritage ";
(9) Article 18:
The second part of the first to exclude;
part of the second complement by the words " without the consent of the relevant
Cultural Heritage Authority ";
10) in parts of the first and second article 21 words " State
Agency for the Protection of History and Culture " in all
The differences are replaced by the words " the appropriate protection authority
" in the relevant case;
(11) Article 23:
part of the first teaching in such an editorial:
" All the owners of the monuments just discovered objects of cultural
heritage or their parts or authorized by their organs (persons)
regardless of property forms on these objects are required to make a
the relevant authority for the conservation of cultural heritage protected
Treaty ";
after part of the first complement to a new part of this content:
" In the transfer of the monuments, the newly discovered object of the cultural
heritage or its (its) parts in the possession, use or
management of the other special condition of the Treaty on such a transfer
is providing a person who is transferred to the monument just discovered
an object of cultural heritage or its (its) part, conservation
a monument just discovered by an object of cultural heritage or its
(his) parts according to the requirements of this Act and conditions of security
a treaty signed by the owner or authorized by it
"(Special) with the relevant authority for the conservation of cultural heritage".
Due to this part, the second and third are considered respectively
Third and fourth;
12) in part of the first article 25 words " relevant bodies
Conservation of Cultural Heritage on the Defined "Replace"
"with the requirements set out by the Law of the Law";
13) part of the first article 26 would complement the paragraphs third-
The fifth such content:
" The development of conservation projects, restoration, rehabilitation,
The museum's work, repairs, and the monument precedes the venue.
required research works, including archeological and
Geological.
As part of the organizational and functional structure
enterprises-the work of work on conservation, restoration,
rehabilitation, museums, repairs, memory adaptations
to anticipate units and/or specialists who provide
Performing appropriate production-technical, manufacturing functions.
Chief architect of the project, executives and executive works
should have educational and educational and qualification levels for
Conduct of relevant work ";
(14) the paragraph of the first part of the first article 32 is taught in such a
& Revision:
" 1. To protect the traditional nature of the environment
monuments, their complexes (ensembles), historical and cultural
Nature reserves, historical and cultural reserves
Area protection zones must be installed: protected zones, zones
regulation of building, protected landscape, conservation area
The archeological cultural layer ";
(15) Article 33 is set out in such an editorial:
" Article 33. Historical and cultural reserves
Historical and cultural reserves
1. Complex (ensemble) of landmarks with the entire population
components of a cultural, historical and scientific
value, spatially, planned and functionally allocated in
the structure of a populated area or localized outside of it,
may be declared a historical and cultural reserve of state
or to the local value.
Historical and Cultural Nature Reserve
is declared a complex (ensemble) of the monuments of special
cultural, historical and scientific value, has a significant impact on
development of culture, architecture, urban planning, directly
associated with outstanding historical events.
Historical and Cultural Nature Reserve
announced the complex (ensembles) of the monuments that reflect
characteristic features of history, culture, architecture, or
The urban planning of a particular region or inhabited area.
2. The historical and cultural reserve is declared
A historically formed territory within which significant
the number of objects of cultural heritage
Declaration of the territory of the historical and cultural reserve
territory is done without removing the monuments, their complexes
(ensembles), land areas located within such a
territory, to their owners or users.
3. Depending on the dominant species of cultural heritage objects
Cultural reserves or historical and cultural reserves
The territory can be historical and architectural,
Architectural and historical, historical and memorial,
Historical and archaeological, historical and ethnographic.
4. Within the historical and cultural reserve and
The historical and cultural nature of the territory is prohibited,
negatively affected or may adversely affect the state of
conservation of objects of cultural heritage, their conservation regime and
Use.
Urban buildings, architectural and landscape conversions,
building, meliorative, road, earthly work, conduct
Mass and extractive measures are carried out:
within the historical and cultural reserve-for the approval of
the authority to which historical and cultural areas belong to the sphere of control
Reserve;
within the historical and cultural reserve territory-for
Agreement with the central authority of the executive branch
cultural heritage, based on the conclusion of the organ providing
Adherence to the regime of historical and cultural reserve.
5. Regulations on the historical and cultural reserve
Approved by the body to the sphere of which it is taken away from
at decision on the declaration of the complex (ensembles) of the Monument
A historical and cultural reserve.
Status of the historical and cultural nature reserve
is approved by the central body of executive power in the field of
Cultural heritage.
6. Medes, security zones, volumes and lines of work with
Preservationation, Restoration, Rehabilitation, Museums, Repair and
Adaptations of objects of cultural heritage,
cultural nature reserve and order
the historical and cultural nature of the territory, as well as the
and the use of cultural heritage objects, conservation and
The traditional nature of the environment is defined
in terms of organization of the territory of the historical and cultural
Reserve or organization of historical and cultural reserve
Territory-Scientific and project documentation developed by the
according to the law in the order defined by the central authority
The Executive Committee on the Protection of Cultural Heritage.
Plan of the territory of the historical and cultural reserve
Approved by the body to the sphere of which it is taken away from
at decision on the declaration of the complex (ensembles) of the Monument
A historical and cultural reserve.
Plan for the organization of historical and cultural reserve
is approved by the central body of executive power in the field of
Conservation of Cultural Heritage ";
16) complement articles 33-1, 33-2 and 33-3 such content:
" Article 33-1. Order of complex declaration (ensembles)
Historical and Cultural Heritage Sites
or territory of the historical and cultural reserve
Territory
1. Training and presentation of the declaration of the complex
(an ensemble) a monument to a historical and cultural reserve or territory
A historical and cultural nature reserve
physical and/or legal persons.
In clatant with regard to cultural, historical and scientific
the values of the complex (ensembles) of monuments or separate territories
the need for their declaration, respectively
Historical and cultural reserve
Reserve territory.
The documents confirm before the petition
the rationale for the need for declaring the complex (ensembles)
Monuments or territories according to the historical and cultural reserve
or the historical and cultural nature of the territory.
2. Close the declaration of the complex (ensembles) of the monument
Historical and Cultural Heritage
The reserve territory is granted to the cultural heritage organ
For the sake of ministers of the Autonomous Republic of Crimea, regional, Kiev and
Sevastopol City State Administrations or suitable
the executive body of the local council for the location of the relevant
complex (ensembles) of monuments or territories. A petition
is seen in the lunar row from the day of its receipt.
Based on the review of the body of conservation of the cultural
Heritage of the Council of Ministers of the Autonomous Republic of Crimea, regional,
Kiev and Sevastopol city administrations, or
the relevant executive body of the local council provides the conclusion of
The feasibility of the declaration of the complex (ensembles) of the Monument
Historical and Cultural Heritage
The commandment, together with the necessary documents,
an entity defined part of the third of this article.
List of documents required to make a decision
Declaration of the complex (ensembles) of historical and cultural monuments
Reserve or territory of historical and cultural reserve
The Cabinet of Ministers of Ukraine.
3. Decision on the declaration of the complex (ensembles) of the Monument
Historical and cultural reserve of state or territory
A cultural and cultural reserve takes the Cabinet
Ministers of Ukraine.
Decision on the announcement of the complex (ensembles) of the Monument
The historical and cultural reserve of local importance accepts
The Supreme Council of the Autonomous Republic of Crimea,
Kiev and Sevastopol City Council.
Article 33-2. Management and operation features
cultural precepts
1. To enforce the regime
The historical and cultural nature of the
he, the organ, to the sphere of which the commandment belongs,
It forms the administration of the historical and cultural reserve.
The administration of the historical and cultural reserve takes place
cultural and educational, research activities in the area of
cultural heritage and museum case, as well as tourist
Activity.
2. Tasks of administration
cultural nature reserve, order of governance
The historical and cultural reserve is determined by the position of the
that is approved by the body to the scope of which the controls belong to
A historical and cultural reserve.
A common position on the administration of the historical and cultural policy
The commandment approves the Cabinet of Ministers of Ukraine.
3. Administration of the Historical and Cultural Reserve, respectively
to the law:
1) conduct work on detection, fixation, classification,
the making of accounts on objects of cultural heritage,
Prepares documentation for their public registration;
2) inform the relevant authority of the cultural heritage of the
damage, destruction, threat or possible threat of damage,
Destruction of the objects of the historical and cultural reserve;
3) conducts scientific-methodical management of works with
research, conservation, rehabilitation, restoration, repair,
Adaptation and Museums of Monuments and Other Works
The historical and cultural reserve and in the areas of its protection;
4) provides conclusions to the relevant body of conservation of cultural
Heritage on the possibility of placing publicity in the
The historical and cultural reserve and in the areas of its protection;
5) take measures to prevent and end violations
Requirements for the Protection of Cultural Heritage, as well as for
eliminating the negative effects and damages caused by the
Such violations;
6) perform other conservation and conservation measures
Cultural nature reserve.
To ensure compliance with the regime of historical and cultural
His administration ' s reserve, according to the law may
Provide protection of the facilities and territory of the reserve.
4. According to the tasks and activities of the administration
The historical and cultural reserve can provide paid services,
list of which is approved by the Cabinet of Ministers of Ukraine.
5. The historical and cultural nature reserve in the
state or communal property, passing it to
the administration on the right of operational governance and not subject to
I'm sorry.
6. Land areas within the historical and cultural reserve
are provided by his administration in use in accordance with the law.
7. The historical and cultural reserve may have its own symbols.
Article 33-3. Management and operation features
Cultural Heritage Areas
1. To ensure compliance with the historical and cultural regime
The protected area with the objects located on it
The legacy defined in the position of it is carried out in
Decision by the Cabinet of Ministers of Ukraine
heritage by the location of such territory or the administration
Cultural and Cultural Heritage
The historical and cultural reserve with which this territory is linked.
2. In case of adoption of the Cabinet of Ministers of Ukraine the decision on
Ensuring compliance with the regime of the historical and cultural reserve
the territory its administration is created by
Cabinet of Ministers of Ukraine.
3. To enforce the cultural and cultural policy
The Reserve Territory of Her Administration performs functions provided by
part of the third article 33-2 of this Act.
4. Administration and activities of the administration
The historical and cultural nature of the territory is defined in the
about it, approved by the Cabinet of Ministers of Ukraine ";
(17) Part of the first article 34, to be published in this edition:
" The Earth on which the monuments are located, historical and cultural
Reserves, historical and cultural reserves of the territory, protected
Archaeological sites belong to the land of historical and cultural heritage
target, included in state land cadaults, plans
Land use, land use projects, other
Project planning and urban planning ";
18) in the paragraph of the sixth part of the second Article 35 words " and in case of
needs-to participate in preparing the specified facilities up to
exposition, and related materials-to conduct them
Public registration as a memorial to " exclude;
(19) in Article 37:
a part of the second teaching in such an editorial:
" Working on just discovered objects of cultural heritage
Implemented by the presence of a written authorization of the relevant authority
the protection of cultural heritage on the basis of the agreed
scientific-project documentation ";
in part the third word "provision" to replace the word
"casting";
(20) Article 43 is set out in such an editorial:
" Article 43. Criminal liability for illegal
performing search works on an object
archaeological heritage, destruction, destruction or
damage to objects of cultural heritage
For the illegal archaeological site, excavation,
Other terrestrial or underwater works at the archaeological site
heritage, as well as for intentional illegal destruction, destruction or
damage to the objects of cultural heritage or their parts of the guilty person
are attracted to criminal liability according to
Law ";
21) Part of the first article 44 would complement the paragraph by the fifth
content:
" for the evasion of the owner of the monument or the authorized body
from the signing of a security treaty or in violation of the regime
using landmarks-in size from a hundred to thousands
The non-tax income minimum income of citizens ";
22) name and part of first article 46 of teaching in such a
& Revision:
" Article 46. Administrative liability for violations
of the Act
1. For eviction of the signing of security treaties to
memorabilia, violation of memory mode, violation of regime
Cultural Reserve or Historical and Cultural Reserve
territories, conducting repair, restoration, rehabilitation and rehabilitation
work on the monument, changing the purpose of the monument, its parts and its
elements, making inscriptions, marks on it, on its territory, and
in its security area without a written permission of the relevant authority
conservation of cultural heritage, eviction from transfer to established
of order found during archeological discharge, excavation of the moving
items related to the real objects of cultural heritage,
to permanent storage to museums (state stock stores), in which
holds museum items and museum collections, which is a state
property and belong to the state of the Museum Fund of Ukraine,
as well as the non-compliance of the legal requirements of the officials of the
cultural heritage to eliminate the violations of the requirements
Legislation on the Protection of Cultural Heritage or
obstacles to their guilty persons are drawn to the
an administrative responsibility in accordance with the law ".
11. Part of third article 14 of the Law of Ukraine on the mortgage
( 898-15 ) (Information of the Verkhovna Rada of Ukraine, 2003, N 38,
Oh, 313) to read:
" The subject of the mortgage cannot be cultural monuments.
heritage, listed before the List of cultural heritage monuments,
are subject to privatization. "
12. In the Law of Ukraine "On the Protection of Archaeological Heritage"
( 1626-15 ) (Information of the Verkhovna Rada of Ukraine, 2004, N 26,
Oh, 361):
(1) Article 1 of the Board of Editors:
" Article 1. Term Definition
In this Act, the terms below are used in such a
value:
Archaeological Heritage of Ukraine (further) archeological
The heritage site) is the collection of objects of archeological heritage,
are under the protection of the state, and related territories, and
also moving cultural values (archaeological items) that
Come from the objects of archeological heritage
Archeological intelligence-a kind of scientific study
The archeological heritage is not associated with the destruction of the cultural
Layer (other than limited shatter to determine the thickness of
cultural layer) of archaeological heritage sites and directed at
detection, localization (mapping), object interpretation
archaeological heritage, refining data on already known objects
Archaeological Heritage
archaeological excavation-a kind of scientific study
archaeological site aimed at finding and studying
Archaeological remains at the site of archeological site
systematic review of the Earth
Or underwater and includes ground and underwater robots,
the result of which can be partial or complete destruction
Object;
permission-document of installed sample issued by the central
the executive body in the sphere of conservation of cultural heritage, which
gives the right to conduct archaeological information, excavations at
Territory protected by archaeological site in zones
conservation, historical areas of populated places, as well as on
Exploration of the work of human life contained under the Earth
Surface and water;
Archaeological site researcher (further archeologist)-scholar
(citizen of Ukraine, foreigner or person without citizenship) who
has a valid phage education and qualifications, professionally commits
Archaeological research with scientific reporting and
The publication of scientific results;
The qualification document is the identification of the installed sample,
which defines the model level of the researcher;
Scientific study of archeological heritage (continued)
Archeological study)-scientific activity aimed at
The acquisition of new knowledge on the objects of archeological heritage,
the regularity of the development of ancient society and person based on
the results of the analysis of archaeological materials and documented
information (publications, scientific reports, etc.)
Nature
archaeological site (further-archeological object)-
place, structure (opening), complex (ensemble), their parts,
associated with them territory or water objects created by humans,
regardless of the status of the preservation that has reported to our time
the values from the archaeological, anthropological and ethnographic
A view and completely or partially retained their authenticity;
Archeological Heritage
are carried out in accordance with the legislation of the State authorities,
enterprises, institutions, organizations, citizens,
directed by accounting (detection, scientific study,
classification, mapping, state registration), protection,
saving, due, appropriate use,
Conservation, restoration, rehabilitation and museum
Archaeological site and the spread of knowledge on archeological sites
Inheritance
Monument of Archaeology (Next-Archaeological Monument)-
An archaeological site of national or local importance,
"The State Register of the State Register of Monuments of Ukraine";
2) in part one of the first Article 3:
The fifth and eighth sections in this edition are:
" Definition of authority of state bodies in the field of protection
Archaeological Heritage ";
" definition of relevant rights and obligations of persons, in
using or possessing archaeological sites
"or items";
in the paragraph of the eleventh word "open letters" replace
the words "qualifying documents" and after the words "inhabited"
to "complement the words" and also the study of the remains
Human life contained under the Earth's surface or
Water ";
(3) Articles 4, 6 and 7 are set out in such an editorial:
" Article 4. Agency for the Conservation of Archaeological Services
Heritage
State Office for the Protection of Archaeological Heritage
Carried out by the Cabinet of Ministers of Ukraine and specially
The governing bodies of the conservation of cultural heritage.
To specially authorized protection bodies
Heritage by:
The central authority of the executive branch in the sphere of conservation
Heritage;
Council of Cultural Heritage of the Council of Ministers of Autonomous
Republic of Crimea;
The bodies of conservation of the cultural heritage of regional, Kiev and
Sevastopol City, District State administrations;
The bodies of the cultural heritage of local councils ";
" Article 6. Powers of the Central Executive Body
in the sphere of conservation
To the authority of the central authority of the executive branch in the field
Cultural heritage conservation
Adoption of the agenda
Acts governing the protection of archaeological heritage;
Conduct of the state account of the objects of archaeological heritage;
declaring topographically defined areas or water
objects containing objects of cultural heritage or possible
Their presence protected by archaeological sites;
defining the boundaries of the areas of archaeological sites of national
values, approving the zones of their protection, protected archeological
territories, historical areas of populated places and the installation of
Their use mode
Supervising the work of the research,
conservation, rehabilitation, repair, repair, adaptation,
Museums and other works at archaeological heritage sites and in
areas of their guard, in protected archaeological territories, in
The historical areas of localities according to the law;
Pursuit of land transfer projects in the territory
monuments and in their conservation zones, on protected archeological sites
territories, in historical areas of populated places according to
Law;
approval of programs and projects of urban, architectural and
Landscape transformations, building, meliorative, road,
Earthly works on monuments of national importance and in zones
protected areas, on protected archaeological sites, in historical
Settlements of settlements with regard to an expert conclusion on the
the results of scientific archaeological examination
Projects;
The issuing of permits for the archaeological site,
Excavations in the territory of the monument, in the security zones, on the protected area
of the archaeological site, in historical areas of populated places, a
See also on the study of the human life of the
Below ground and water;
ban any activity of legal or physical persons that
threatens the object of archeological heritage or violates the requirements
legislation on the protection of archeological heritage, in the order of
By law;
removing orders and prescriptions for the conservation of archeological sites
Monuments, cessation of works on such monuments, their territories and in
Protection zones, in protected archaeological areas, in
of the historical buildings of populated places, if such works are performed
in the absence of approved or agreed by the relevant authorities
conservation of cultural heritage of programs and projects stipulated by this
By law of permits or with deviations from them;
application of financial sanctions for violating the requirements of this
Law;
Scientific and Technological Research
Archaeological Heritage
Taking control of the movement of archaeological items
Across the national border;
To make other powers under the law.
Article 7. The authority of other bodies of protection
Heritage
To the authority of the cultural heritage of the Council
Ministers of the Autonomous Republic of Crimea, bodies of protection of the
Heritage of regional, Kiev and Sevastopol urban
Public administrations and cultural heritage bodies
The local councils are:
to control the implementation of this Act, others
Regulations on the protection of archeological heritage;
defining the boundaries of the areas of archaeological sites of local
values, approving the zones of their protection;
providing within the appropriate
Administrative and territorial units of proper protection and
Maintenance of archaeological heritage sites;
Exercise in accordance with the law of oversight
Archaeological sites;
Agreement under the law of land transfer projects
Area
approval of programs and projects of urban, architectural and
Landscape transformations, building, meliorative, road,
Earthworks whose execution can be marked on a state of landmarks
local value, their territories and security zones, with regard to
Research findings on the results of the scientific archeological
The expertise of the projects involved;
registration of qualifying documents and permits for
Archaeological site, excavations, and
Exploration of the work of human life contained under the Earth
Surface and water;
Publication of Orders and Disposal of Monuments
local value, termination of work on monuments, their territories
and in security zones, if such work is done in the absence of
approved or agreed by the relevant authority for the protection of the
The legacy of programs and projects stipulated by this Act of permit
or with deviations from them;
Exercise of other powers in accordance with the law ";
4) complement the article 7-1 of this content:
" Article 7-1. Order of permits, by the consent of the bodies
cultural heritage
The permits and consent provided by this Act are provided.
The protection of cultural heritage is free.
Decision on granting or abandonment in the granting of permission or
The weather is accepted by the cultural heritage organ
for one month on the day of submission to physical or legal entity
of relevant documents in the order established by the Cabinet
Ministers of Ukraine.
The subject is subject to the failure of the right to fail.
action to implement the economic activities under which the Act
provide permission or approval, for declarative
"The principle is prohibited";
5) in Article 8:
In part two, the word "specially authorized" to exclude;
in part four of the word "Order of the State"
Replace the words "Order of State";
6) paragraph third and fourth part of the first article 9 of the teaching
In this edition:
" field studies (archaeological intelligence, excavations, others)
Land and underwater robots);
post-field studies (encryption, restoration,
Painting and photographing of findings, archival, laboratory and
other types of study of archaeological sites and items found
during field studies, etc.) ";
(7) complement the article 9-1 of this content:
" Article 9-1. Scientific Archaeological Examination
1. Scientific examination of activities whose purpose is to
the study of archeological heritage, carried out by the
survey of areas and water facilities, study of archival
materials, as well as the preparation of scientifically reasoned expert
Conclusions of the presence of objects in the field
archaeological heritage, modes of their use, capabilities and
conditions of performing urban, architectural and landscaping
transformations, other terrestrial and underwater works on objects
-Expert.
2. The proof of scientific archaeological examination predates
Agreeing commissions to review the issues related to the weather
Documentation for land, land order projects,
is assumed to:
Retract of land to legal entities;
use of land for urban planning,
architectural and landscape transformations, building, earthworms and
underwater works that can be performed on a state of objects
Archaeological Heritage
changing the target destination of land for the needs
construction and other purposes, which can adversely affect objects
The Archaeological Heritage.
3. Conclusion of the conclusion of the results of the scientific
The archaeological examination is a basis for the refusal of consent
Land order projects listed in the second part of this article.
4. The scientific archaeological examination may be carried out:
research organizations and institutions higher than the
Educational institutions III and IV levels of accreditation of state form
property, administration of historical and cultural reserves,
State and communal museums in the state of which
Works by archaeologists who have the appropriate qualifications,
Validated by the qualification document