LAW OF UKRAINE

of March 18, 2004 No. 1626-IV

About protection of archaeological heritage

This Law governs the relations connected with protection of archaeological heritage of Ukraine - integral part of cultural heritage of mankind, vulnerable and nonrestorable source of knowledge of the historical past, and also determines the rights and obligations of researchers of archaeological heritage.

Section I. GENERAL PROVISIONS

Article 1. Determination of terms

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

archaeological heritage of Ukraine (further - archaeological heritage) - set of the objects of archaeological heritage which are under protection of the state and the related territories, and also mobile cultural values (archaeological objects) which occur from objects of archaeological heritage;

archaeological investigation - the type of scientific research of archaeological heritage which is not connected with destruction of occupation layer (except limited shurfovaniye for determination of thickness of occupation layer) object of archaeological heritage and directed to identification, localization (mapping), interpretation of objects of archaeological heritage, refining of data on already known objects of archaeological heritage;

archeological excavations - the type of scientific research of archaeological heritage sent to search and studying of archaeological remaining balance in the territory of object of archaeological heritage which is performed by systematic inspection of land or underwater surface and includes earth and underwater works which consequence partial or final fracture of the researched object can be;

permission - the document of the established sample issued by the central executive body in the field of protection of cultural heritage which grants the right to carrying out archaeological investigations, excavation in the territory of monument, the protected archaeological territory, in protection zones, historical areas of the inhabited places, and also on research of remaining balance of life activity of the person which contains under the land surface and water;

the researcher of archaeological heritage (further - the archeologist) the scientist (the citizen of Ukraine, the foreigner or the stateless person) who has the corresponding professional education and qualification professionally performs archaeological researches with creation of the scientific reporting and the publication of scientific results;

the qualification document - the certificate of the established sample determining the professional level of the researcher;

scientific research of archaeological heritage (daleearkheologichesky research) - the scientific activities directed to receipt of new knowledge of objects of archaeological heritage, patterns of development of old society and the person based on analysis results of archaeological materials and the documented information (publications, scientific reports and so forth) archaeological nature;

object of archaeological heritage (further - archaeological object) - the place, construction (creation), complex (ensemble), their parts, the related territories or water objects created by the person irrespective of safety condition which informed our time of values from point of archaeological, anthropological and ethnographic sight and fully or partially kept the authenticity;

protection of archaeological heritage - complex of actions which are performed according to the legislation public authorities, the companies, organizations, the organizations, citizens, directed to accounting (identification, scientific studying, classification, mapping, state registration), protection, preserving, due content, the corresponding use, conservation, restoration, rehabilitation and museumification of objects of archaeological heritage, and also dissemination of knowledge about archaeological heritage;

archeology monument (further - archaeological monument) the archaeological object of national or local value entered in the State register of motionless monuments of Ukraine.

Article 2. Legislation of Ukraine on protection of archaeological heritage

The legislation of Ukraine on protection of archaeological heritage consists of the Constitution of Ukraine, the Land code of Ukraine, the Law of Ukraine "About protection of cultural heritage", international treaties of Ukraine concerning protection of archaeological heritage which consent to be bound is this the Verkhovna Rada of Ukraine, this Law and other regulatory legal acts of Ukraine.

Article 3. Main objectives of the legislation of Ukraine on protection of archaeological heritage

The main objectives of the legislation of Ukraine on protection of archaeological heritage are:

regulation of the public relations in the field of protection, researches and preserving archaeological heritage;

providing right of citizens to knowledge of archaeological heritage of Ukraine;

providing to archeologists - citizens of Ukraine the rights to carrying out archaeological researches;

determination of powers of state bodies in the field of protection of archaeological heritage;

assistance to state policy in the field of protection, researches and preserving archaeological heritage;

determination of types of objects of archaeological heritage (archaeological objects of cultural heritage);

determination of the appropriate rights and obligations of persons, in use or ownership of which archaeological objects or objects stay;

creation of necessary conditions for ensuring protection of objects of archaeological heritage;

creation of regulatory framework on protection, preserving, research of archaeological heritage;

determination of criteria on issue of qualification documents and permissions to carrying out archaeological investigations, excavation, other earthwork in the territory of archaeological monument, the protected archaeological territory, in protection zones, in historical areas of the inhabited places and also research of remaining balance of life activity of the person which contains under the land surface or water;

legal regulation of financing of protection and research of archaeological heritage.

Section II. PUBLIC ADMINISTRATION by ARCHAEOLOGICAL HERITAGE

Article 4. Governing bodies in the field of protection of archaeological heritage

Public administration in the field of protection of archaeological heritage is exercised of the Cabinet of Ministers of Ukraine and specially authorized 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.

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