ORDER OF THE MINISTRY OF CULTURE OF THE RUSSIAN FEDERATION

of September 12, 2019 No. 1347

About approval of Administrative regulations of implementation by the Ministry of Culture of the Russian Federation of federal state supervision of condition, content, preserving, use, promoting and the state protection of separate objects of cultural heritage of federal importance which list is established by the Government of the Russian Federation

For the purpose of realization of Item 3 of part 2 of article 4 of the Federal Law of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52, Art. 6249; 2019, No. 31, the Art. 4469), article 11 of the Federal Law of June 25, 2002 No. 73-FZ "About objects of cultural heritage (cultural history monuments) of the people of the Russian Federation" (The Russian Federation Code, 2002, No. 26, Art. 2519; 2014, No. 43, Art. 5799; 2018, No. 32, the Art. 5133) and orders of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of implementation of the state control (supervision) and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; 2018, 46, of the Art. 7050) I order to No.:

1. Approve the enclosed Administrative regulations of implementation by the Ministry of Culture of the Russian Federation of federal state supervision of condition, content, preserving, use, promoting and the state protection of separate objects of cultural heritage of federal importance which list is established by the Government of the Russian Federation.

2. Declare invalid the order of the Ministry of Culture of the Russian Federation of February 16, 2018 No. 140 "About approval of Administrative regulations of execution of the state function by the Ministry of Culture of the Russian Federation on implementation of federal state supervision of condition, content, preserving, use, promoting and the state protection of separate objects of cultural heritage of federal importance which list is established by the Government of the Russian Federation" (registration No. 51006) is registered in the Ministry of Justice of the Russian Federation on May 7, 2018.

3. Direct this order to state registration in the Ministry of Justice of the Russian Federation.

4. To impose control of execution of this order on the deputy minister of culture of the Russian Federation S. G. Obryvalin.

Approved by the Order of the Ministry of Culture of the Russian Federation of September 12, 2019, No. 1347

Administrative regulations of implementation by the Ministry of Culture of the Russian Federation of federal state supervision of condition, content, preserving, use, promoting and the state protection of separate objects of cultural heritage of federal importance which list is established by the Government of the Russian Federation

I. General provisions

Name of function

1. The state function on implementation of the state control (supervision) "Implementation of federal state supervision of condition, content, preserving, use, promoting and the state protection of separate objects of cultural heritage of federal importance which list is established by the Government of the Russian Federation" (further - federal state supervision).

The name of the body exercising the state control (supervision)

2. Federal state supervision is exercised by the Ministry of Culture of the Russian Federation (further - the Ministry of Culture of the Russian Federation) and its territorial authorities (further together - bodies of the Ministry of Culture of the Russian Federation).

The regulatory legal acts regulating implementation of the state control (supervision)

3. The list of the regulatory legal acts of the Russian Federation regulating implementation of federal state supervision is posted on the official site of the Ministry of Culture of the Russian Federation on the Internet, in the federal state information system "Federal Register of the State Services (Functions)" and in the federal state information system "Single Portal of the State and Municipal Services (Functions)".

Subject of the state control (supervision)

4. Subject of federal state supervision of condition, content, preserving, use, promoting and the state protection of objects of cultural heritage are:

1) observance by public authorities, local government bodies, and also legal entities, their heads and other officials, individual entrepreneurs, their authorized representatives and physical persons of the requirements established according to international treaties of the Russian Federation, the Federal Law of June 25, 2002 No. 73-FZ "About objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation" (The Russian Federation Code, 2002, No. 26, Art. 2519; 2003, No. 9, Art. 805; 2004, No. 35, Art. 3607; 2005, No. 23, Art. 2203; 2006, No. 1, Art. 10; No. 52, Art. 5498; 2007, No. 1, Art. 21; No. 27, Art. 3213; No. 43, Art. 5084; No. 46, Art. 5554; 2008, No. 20, Art. 2251; No. 29, Art. 3418; No. 30, Art. 3616; 2009, No. 51, Art. 6150; 2010, No. 43, Art. 5450; No. 49, Art. 6424; No. 51, Art. 6810; 2011, No. 30, Art. 4563; No. 45, Art. 6331; No. 47, Art. 6606; No. 49, Art. 7015, 7026; 2012, No. 31, Art. 4322; No. 47, Art. 6390; No. 50, Art. 6960; 2013, No. 17, Art. 2030; No. 19, Art. 2331; No. 30, Art. 4078; 2014, No. 43, Art. 5799; No. 49, Art. 6928; 2015, No. 10, Art. 1420; No. 29, Art. 4359; No. 51, Art. 7237; 2016, No. 1, Art. 28, 79; No. 11, Art. 1494; No. 15, Art. 2057; No. 27, Art. 4294; No. 52, Art. 7480; 2017, No. 11, Art. 1538; No. 31, Art. 4771; 2018, No. 1, Art. 42; No. 32, Art. 5133, 5135; No. 52, Art. 8098; No. 53, Art. 8458; 2019, No. 8, Art. 714; No. 29, the Art. 3853), other Federal Laws adopted according to them other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation in the field of protection of objects of cultural heritage (further - mandatory requirements), including:

requirements to content and use of object of cultural heritage, requirements to preserving object of cultural heritage, requirements to ensuring access to object of cultural heritage;

town-planning regulations in borders of the territories of zones of protection of object of cultural heritage, in borders of the territory of the noteworthy place, in borders of the territory of the historical settlement and the specific modes of use of lands, requirements to implementation of activities set for these territories in borders of the territory of the noteworthy place;

requirements to implementation of activities in borders of the territory of object of cultural heritage or specific mode of use of the parcel of land, water object or its part in which borders object of archaeological heritage is located, (historical and cultural monuments) of the people of the Russian Federation established by the Federal Law of June 25, 2002 No. 73-FZ "About objects of cultural heritage" (further - the Federal Law "About Objects of Cultural Heritage (Historical and Cultural Monuments) of the People of the Russian Federation");

2) implementation by public authorities, local government bodies, and also legal entities, individual entrepreneurs and physical persons (further - persons concerning whom federal state supervision is exercised):

measures for ensuring safety of object of the cultural heritage included in the unified state register of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, the revealed object of the cultural heritage or object having signs of object of cultural heritage according to article 3 of the Federal law "About Objects of Cultural Heritage (Historical and Cultural Monuments) of the People of the Russian Federation" found during the prospecting, project, earth, construction, meliorative, economic works specified in article 30 of the Federal law "About Objects of Cultural Heritage (Historical and Cultural Monuments) of the People of the Russian Federation" of works on use of the woods and other works;

measures for ensuring safety of the objects of cultural heritage provided by the project documentation on construction, reconstruction, capital repairs of capital construction projects on work on preserving objects of cultural heritage;

3) elimination of the checks of violations of mandatory requirements revealed by bodies of the Ministry of Culture of the Russian Federation when carrying out, and also execution of the instructions which are earlier issued by bodies of the Ministry of Culture of the Russian Federation about elimination of the revealed violations of mandatory requirements.

The rights and obligations of officials when implementing the state control (supervision)

5. When implementing federal state supervision officials of bodies of the Ministry of Culture of the Russian Federation independently and with involvement of the experts certified according to the procedure, No. 636 provided by the order of the Government of the Russian Federation of July 10, 2014 "About certification of the experts involved by the bodies authorized on implementation of the state control (supervision), bodies of municipal control to holding actions for control" (The Russian Federation Code, 2014, No. 29, Art. 4142; 2018, No. 1, of the Art. 381), has the right:

1) freely in case of presentation of the official ID and copy of the order (order) of the head (deputy manager) of body of the Ministry of Culture of the Russian Federation on conducting check or task of body of the Ministry of Culture of the Russian Federation for holding action for control of condition of objects of cultural heritage, and also activities for systematic observation of execution of mandatory requirements, to the analysis and forecasting of condition of execution of mandatory requirements when implementing by public authorities, local government bodies, legal entities, individual entrepreneurs and physical persons of the activities (further - systematic observation) during execution of service duties to visit and survey the territories used by public authorities, local government bodies, and also legal entities, individual entrepreneurs and physical persons when implementing economic and other activity, the buildings, production, economic and other non-residential premises, structures, constructions which are objects of cultural heritage or being in protection zones (the integrated zone, protective zone) of such objects, the parcels of land on which such objects are located or which are in zones of protection of such objects, or the parcels of land which are directly connected with the parcel of land in borders of the territory of object of cultural heritage, and protection zones, and with the consent of owners the premises which are objects of cultural heritage (further - objects of supervision);

2) to issue instructions, obligatory for execution, to persons concerning whom federal state supervision, with indication of terms of their execution, including the instruction is exercised:

- about elimination of the revealed violations of the mandatory requirements imposed to the owner or other legal owner of object of cultural heritage or the parcel of land, water object or its part in whose borders object of archaeological heritage, the real estate unit located in zones of protection of objects of cultural heritage is located;

- about elimination of violations of specific mode of use of lands in borders of zones of protection of object of cultural heritage;

- about elimination of violations of requirements to implementation of activities in borders of the territory of object of cultural heritage or specific mode of use of the parcel of land, water object or its part in which borders object of archaeological heritage is located;

- about suspension of the works specified in article 36 of the Federal law "About Objects of Cultural Heritage (Historical and Cultural Monuments) of the People of the Russian Federation";

- about suspension of works on preserving object of cultural heritage and elimination of violations according to Item 12 of approval procedure on work on preserving object of the cultural heritage included in the unified state register of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, or the revealed object of the cultural heritage approved by the order of the Ministry of Culture of the Russian Federation of October 21, 2015 No. 2625 "About approval of approval procedure on work on preserving object of the cultural heritage included in the unified state register of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, or the revealed object of cultural heritage" (registration No. 40169) with changes is registered by the Ministry of Justice of the Russian Federation on December 18, 2015, brought by the order of the Ministry of Culture of the Russian Federation of May 4, 2017 No. 695 (it is registered by the Ministry of Justice of the Russian Federation on October 4, 2017, registration No. 48418) (further - the order of the Ministry of Culture of the Russian Federation of October 21, 2015 No. 2625);

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