LAW OF UKRAINE

of June 8, 2000 No. 1805-III

About protection of cultural heritage

This Law regulates the legal, organizational, social and economic relations in the field of protection of cultural heritage for the purpose of its preserving, use of objects of cultural heritage in public life, protection of traditional nature of the circle for the benefit of present and future generations.

Objects of cultural heritage which are in the territory of Ukraine, within its territorial sea and adjacent zone, protected by the state.

Protection of objects of cultural heritage is one of priority tasks of public authorities and local government bodies.

Section I. General provisions

Article 1. Determination of terms

In this Law the stated below terms are used in the following value:

cultural heritage - set inherited by mankind from the previous generations of objects of cultural heritage;

object of cultural heritage - the noteworthy place, construction (work), complex (ensemble), their parts, the related mobile objects, and also the territories or water objects (objects of underwater cultural and archaeological heritage), others the natural, natural and anthropogenous or created by the person objects irrespective of safety condition which informed our time of value from the archaeological, esthetic, ethnological, historical, architectural, art, scientific or art point of view and kept the authenticity;

immovable object of cultural heritage - object of cultural heritage which cannot be postponed for other place without loss of its value of the archaeological, esthetic, ethnological, historical, architectural, art, scientific or art point of view and preserving the authenticity;

the mobile objects connected with immovable objects of cultural heritage - elements, groups of elements of object of cultural heritage which can be separated it, but constitute with it single integrity and which department will lead to loss of archaeological, esthetic, ethnological, historical, architectural, art, scientific or cultural value of object;

monument of cultural heritage (further - monument) - object of cultural heritage which is entered in the State register of immovable monuments of Ukraine, or object of cultural heritage which is taken on the state accounting according to the legislation existing before entry into force of this Law to the solution of question of inclusion (non-inclusion) of object of cultural heritage in the State register of immovable monuments of Ukraine;

protection of cultural heritage - system of legal, organizational, financial, material, town-planning, information and other measures on accounting (identification, scientific studying, classification, state registration), the prevention of destruction or damnification, ensuring protection, preserving, content, the corresponding use, preservation, restoration, repair, rehabilitation, adaptation and museumification of objects of cultural heritage;

subject of protection of object of cultural heritage - the characteristic property of object of cultural heritage making its historical and cultural value based on which this object is recognized monument;

zones of protection of monument of the historical and cultural reserve, the historical and cultural reserved territory (further - protection zones) - the territories of monument, the historical and cultural reserve, the historical and cultural reserved territory established around the conservation zone, building regulation zone, zone of the protected landscape, zone of protection of archaeological occupation layer within which the special mode of their use is effective;

the historical inhabited place - the inhabited place which kept fully or partially historical area and entered in the List of the historical inhabited places of Ukraine;

historical area of the inhabited place - the part of the inhabited place which kept the objects of cultural heritage and the related rasplanirovaniye and form of building coming from previous periods of development typical for certain cultures or the periods of development;

traditional nature of the circle - historically inherited appearance and volume and space structure of the historical inhabited place;

identification of object of cultural heritage - set of research, search actions for the purpose of determination of availability and cultural value of object of cultural heritage;

research - scientific and search, the scientific practical activities directed to receipt of new information on objects of cultural heritage, the historical inhabited places, traditional nature of the circle which is typical for certain cultures or the periods of development;

preservation - set of the evidence-based actions allowing to protect objects of cultural heritage from further destructions and providing preserving their authenticity with the minimum intervention in their existing appearance;

museumification - set of evidence-based actions for reduction of objects of cultural heritage in the condition suitable for excursion visit;

adaptation - set of research, project, prospecting and production works on creation of conditions for modern use of object of cultural heritage without change of properties inherent in it which are subject of protection of object of cultural heritage, including restoration of the elements constituting historical and cultural value;

rehabilitation - set of evidence-based actions for recovery of cultural and functional properties of objects of cultural heritage;

repair - set of the project, prospecting and production works directed to improvement of technical condition and maintenance in operational condition of object of cultural heritage without change of the properties which are subject of protection of object of cultural heritage;

restoration - set of evidence-based actions for strengthening (preservation) of physical condition, to disclosure of the most characteristic signs, recovery of the lost or damaged elements of objects of cultural heritage with ensuring preserving their authenticity;

change of object of cultural heritage - actions which bring or can lead to partial or total disappearance of subject of protection of object of cultural heritage;

just found object of cultural heritage - object of cultural heritage which is entered in the List of objects of cultural heritage in connection therewith by the Law;

sea memorial - object of underwater cultural heritage, the place of mass death of people to which the special status is provided that assumes its exclusive immunity, except requirements of scientific research or inventory count;

object of the world heritage - the object of cultural heritage included in the List of the world heritage of UNESCO according to the Convention on protection of the world cultural and natural heritage (further - the Convention);

outstanding universal value - the value of object of the world heritage which is so unique that goes beyond national borders and is of general value for present and future generations which preserving and protection is priority for all mankind;

nominating of object of cultural heritage in the List of the world heritage of UNESCO (further - the nominations) - preparation and submission of documents based on which the Committee of the world heritage of UNESCO considers question of inclusion of object of cultural heritage in the List of the world heritage of UNESCO;

buffer zone - the territory around object of the world heritage which provides protection of integrity and authenticity of outstanding universal value of this object and within which use mode is set.

accounting documentation - documentation which is created according to the procedure of accounting of objects of cultural heritage and contains data concerning the value of object of cultural heritage, characteristic properties making its historical and cultural value (subject of protection of object of cultural heritage), stages of development, space, functional characteristics, safety conditions, and also data of the conducted researches;

valuable historical building - set of again revealed objects of cultural heritage, monuments of cultural heritage which are city-forming object of historical area of the inhabited place.

Article 2. Classification of objects of cultural heritage

1. On types objects of cultural heritage are subdivided on:

constructions (work) - works of architecture and engineering art, the work of monumental sculpture and monumental painting, archaeological objects, caves with the available certificates of life activity of the person, the building or room in them which kept authentic certificates on outstanding historical events, life and activities of famous persons;

complexes (ensembles) - topographical certain sets of the separate or combined among themselves objects of cultural heritage;

noteworthy places - the zones or landscapes, natural and anthropogenous creations which informed our time of value from the archaeological, esthetic, ethnological, historical, architectural, scientific or art point of view.

2. By types objects of cultural heritage are subdivided on:

archaeological - remaining balance of life activity of the person (immovable objects of cultural heritage: ancient settlements, barrows, remaining balance of ancient settlements, parking, strengthenings, military camps, productions, irrigational constructions, roads, burial grounds, cult places and constructions, their remaining balance or ruins, megaliths, caves, rock drawings, sites of historical occupation layer, the field of old battles, and also the related mobile objects), information on origin and development of civilization which are under the land surface and under water and being non-reproducible source;

historical - buildings, constructions, their complexes (ensembles, separate burials and necropolises, places of mass burials of the dead and the died (died) military personnel (including foreigners) who died in wars owing to deportation and political repressions in the territory of Ukraine, the place of fighting, the place of death of the fighting ships, ocean and river crafts, including with remaining balance of military equipment, arms, ammunition, etc., the noteworthy places connected with the major historical events, with life and activities of famous persons, culture and life of the people;

objects of monumental art - the work of the fine arts: both independent (separate), and connected with architectural, archaeological or other monuments or with the complexes (ensembles) formed by them;

architecture objects - certain buildings, architectural constructions which fully or partially remained in authentic condition and are characterized by distinctions of certain culture, era, certain styles, traditions, construction technologies or are works of the famous authors;

town-planning objects - historically created centers of the inhabited places, streets, quarters, the areas, complexes (ensembles) with the kept planning and space structure and historical building including combined with landscape, remaining balance of old rasplanirovka and building which are carriers of certain town-planning ideas;

objects of landscape gardening art - combination of park construction to the natural or created by the person landscapes;

landscape - the natural territories having historical value;

objects of science and technology - the unique industrial, production, research and production, engineering, engineering and transport, extracting facilities determining the level of development of science and technology of certain era, certain scientific directions or industrial industries.

Article 3. Public administration in the field of protection of cultural heritage

1. Public administration in the field of protection of cultural heritage is assigned to the Cabinet of Ministers of Ukraine, specially authorized bodies of protection of cultural heritage.

(Further - bodies of protection of cultural heritage) treat specially authorized bodies of protection of cultural heritage:

the central executive bodies which provide forming and realize state policy in the field of protection of cultural heritage;

executive body of the Autonomous Republic of Crimea;

regional, district, Kiev and Sevastopol city public administrations;

executive body of village, settlement, city council.

2. In the territory of exclusion zone and the zone of unconditional (obligatory) settling out which underwent to radioactive pollution as a result of the Chernobyl catastrophic crash and in the conditions of emergence of other emergency situations of technogenic and natural nature control of protection of cultural heritage is exercised of the central executive body which realizes state policy in the field of management of exclusion zone and zone of unconditional (obligatory) settling out according to the Law of Ukraine "About legal regime of the territory which underwent to radioactive pollution as a result of the Chernobyl catastrophic crash" and this Law.

3. The relevant executive body of village, settlement, city council of the settlement entered in the List of the historical inhabited places of Ukraine is formed by local council in coordination with the central executive body which realizes state policy in the field of protection of cultural heritage.

4. The regional, district, Kiev and Sevastopol city public administrations are accountable and under control to relevant organs of the executive authority and the central executive body which provide forming and realize state policy in the field of protection of cultural heritage in the limits provided by the law.

5. Executive body of village, settlement, city council on the questions provided by the subitem 5 of the Item of part one of Article 31 and the subitem 10 of the Item of article 32 of the Law of Ukraine "About local self-government in Ukraine", under control to relevant organs of the executive authority.

6. The decisions (orders, permissions, instructions, resolutions) bodies of protection of cultural heritage accepted within their competence are obligatory for accomplishment by legal entities and physical persons.

7. The decisions (orders, permissions, instructions, resolutions) the central executive body in the field of protection of cultural heritage accepted within its competence are obligatory for accomplishment of protection of cultural heritage by bodies.

8. It is excluded.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info