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FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 25, 2002 No. 73-FZ

About objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation

(as amended on 18-07-2019)

Accepted by the State Duma on May 24, 2002

Approved by the Federation Council on June 14, 2002

This Federal Law governs the relations in the field of preserving, use, promoting and the state protection of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation and is directed to realization of constitutional right of everyone on access to cultural values and the constitutional obligation of everyone to care for preserving historical and cultural heritage, to protect historical and cultural monuments, and also on realization of the rights of the people and other ethnic communities in the Russian Federation on preserving and development of the cultural-national originality, protection, recovery and preserving the historical and cultural habitat, protection and preserving sources of information on origin and cultural development.

Objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation represent unique value for all multinational people of the Russian Federation and are integral part of the world cultural heritage.

In the Russian Federation safety of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation for the benefit of these and future generations of the multinational people of the Russian Federation is guaranteed.

The state protection of objects of cultural heritage (historical and cultural monuments) is one of priority tasks of public authorities of the Russian Federation, public authorities of subjects of the Russian Federation and local government bodies.

Chapter I. General provisions

Article 1. Objects of regulation of this Federal Law

Objects of regulation of this Federal Law are:

1) the relations arising in the field of preserving, use and promoting of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation;

2) features of ownership, use and order of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation as special type of real estate;

3) procedure for forming and maintaining the unified state register of objects of cultural heritage (historical and cultural monuments) people of the Russian Federation;

4) general principles of the state protection of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation.

Article 2. Legal regulation of the relations in the field of preserving, uses, promoting and the state protection of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation

1. Legal regulation of the relations in the field of preserving, uses, promoting and the state protection of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation is based on provisions of the Constitution of the Russian Federation, the Civil code of the Russian Federation, Bases of the legislation of the Russian Federation on culture and is performed according to this Federal Law and other Federal Laws, and also the laws of subjects of the Russian Federation accepted according to them within competence of subjects of the Russian Federation in the state protection of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation accepted according to it.

2. The relations in the field of preserving, use and the state protection of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation connected with land use and town-planning activities are regulated by the land legislation of the Russian Federation, the legislation of the Russian Federation about town-planning and about architectural activities, the legislation of the Russian Federation on environmental protection and this Federal Law.

3. The property relations arising when preserving, using, promoting and the state protection of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation are regulated by the civil legislation of the Russian Federation taking into account the features established by this Federal Law.

4. Registration of the property right of subjects of the Russian Federation, municipalities on objects of cultural heritage of federal importance which were immovable historical and cultural monuments state (all-union and republican) values till December 27, 1991 and are necessary for ensuring implementation by subjects of the Russian Federation and municipalities of the powers established by the Federal Laws, is made according to the procedure, the objects of cultural heritage of federal importance specified in Item 5 of this Article determined by Item 2 of article 63 of this Federal Law, except for.

5. Registration of the property right of the Russian Federation, subjects of the Russian Federation, municipalities on the objects of cultural heritage which are works of landscape architecture and landscape gardening art (gardens, parks, squares, boulevards, water objects), is not regulated by separate burials, necropolises, memorable places, cultural and natural landscapes, this Federal Law.

6. Registration of the property right of the Russian Federation, subjects of the Russian Federation, municipalities on the real estate units carried to immovable historical and cultural monuments of republican value, immovable historical and cultural monuments of federal (all-Russian) importance or to objects of historical and cultural heritage of federal (all-Russian) importance after December 27, 1991 is performed on the bases which are not connected with reference of the specified real estate units to objects of historical and cultural heritage of federal (all-Russian) importance.

Article 3. Objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation

Real estate units (including objects of archaeological heritage) and other objects with historically related territories, works of painting, sculpture, arts and crafts, objects of science and technology and other objects of material culture which resulted from historical events, representing value from the point of view of history, archeology, architecture, town planning, art, science and technology, esthetics, ethnology or anthropology, social culture and being the certificate of eras and civilizations, authentic sources of information on origin and cultural development belong to objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation (further - objects of cultural heritage) for the purpose of this Federal Law.

Object of archaeological heritage is understood in parts or in full as the traces of existence of the person hidden in the earth or under water in last eras (including all archaeological objects and occupation layers connected with such traces), by the main or one of the main sources of information about which archeological excavations or finds are. Objects of archaeological heritage are including ancient settlements, barrows, soil burial grounds, ancient burials, settlements, parking, stone sculptures, steles, rock drawings, remaining balance of ancient strengthenings, productions, channels, courts, roads, places of making of ancient religious practices carried to objects of archaeological heritage occupation layers.

Archaeological objects are understood as movable things, by the main or one of the main sources of information about which irrespective of circumstances of their detection archeological excavations or finds, including the objects found as a result of such excavation or finds are.

The occupation layer is understood as layer in the earth or as water, containing traces of existence of the person which time of origin exceeds hundred years, including archaeological objects.

Objects of cultural heritage according to this Federal Law are subdivided into the following types:

monuments - separate constructions, buildings and constructions with historically developed territories (including the monuments of religious appointment relating according to the Federal Law of November 30, 2010 No. 327-FZ "About transfer to the religious organizations of property of the religious appointment which is in the state-owned or municipal property" to property of religious appointment); memorial apartments; mausoleums, separate burials; performing monumental art; objects of science and technology, including military; objects of archaeological heritage;

ensembles - accurately localizable in historically developed territories of group of the isolated or integrated monuments, structures and constructions of fortification, palace, residential, public, administrative, trade, production, scientific, educational assignment, and also monuments and constructions of religious appointment, including fragments of historical layouts and buildings of settlements which can be carried to town-planning ensembles; works of landscape architecture and landscape gardening art (gardens, parks, squares, boulevards), necropolises; objects of archaeological heritage;

noteworthy places - the creations created by the person or joint creations of the person and the nature, including the place of traditional existing of national art crafts; centers of historical settlements or fragments of the town-planning layout and building; the memorable places, cultural and natural landscapes connected with history of forming of the people and other ethnic communities in the territory of the Russian Federation, historical (including military) events, life of outstanding historic figures; objects of archaeological heritage; places of making of religious practices; places of burials of the victims of mass repressions; religious and historical places.

In borders of the territory of the noteworthy place there can be monuments and (or) ensembles.

Article 3.1. Territory of object of cultural heritage, border of the territory of object of cultural heritage

1. The territory of object of cultural heritage is the territory, directly busy this object of cultural heritage and (or) related historically and functionally, being its integral part and established according to this Article.

2. The territory of object of cultural heritage can include lands, the parcels of land, parts of the parcels of land, the earth of forest fund (further also - lands), the water objects or their parts which are in the state-owned or municipal property or in property of physical persons or legal entities.

Borders of the territory of object of cultural heritage can not match with borders of the existing parcels of land.

In borders of the territory of object of cultural heritage there can be lands concerning which the state cadastral registration is not carried out.

3. Borders of the territory of object of cultural heritage, except for borders of the territory of object of archaeological heritage, are determined by the project of borders of the territory of object of cultural heritage based on archive documents, including historical land plans, and scientific research taking into account features of each object of cultural heritage, including degree of its safety and stages of development.

Borders of the territory of object of archaeological heritage are determined based on archaeological field works.

4. The project of borders of the territory of object of cultural heritage is drawn up in graphical form and in text form (in the form of the scheme of borders).

Requirements to designing of borders of the territories of objects of cultural heritage are established by the federal executive body authorized by the Government of the Russian Federation in the field of preserving, use, promoting and the state protection of objects of cultural heritage.

5. Borders of the territory 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 affirm as structure of the act of the federal executive body authorized by the Government of the Russian Federation in the field of preserving, use, promoting and the state protection of objects of cultural heritage, about inclusion of the specified object of cultural heritage in the unified state register of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation - for object of cultural heritage of federal importance, as a part of the act of executive body of the subject of the Russian Federation authorized in the field of preserving, use, promoting and the state protection of objects of cultural heritage about inclusion of the specified object of cultural heritage in the unified state register of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation - for object of cultural heritage of regional value and object of cultural heritage of local (municipal) value.

Borders of the territory of the revealed object of cultural heritage affirm the act of executive body of the subject of the Russian Federation authorized in the field of preserving, use, promoting and the state protection of objects of cultural heritage, according to the procedure, established by the legislation of the subject of the Russian Federation.

6. Change of borders of the territory of object of cultural heritage is performed in cases of detection of documents or results of the historical and architectural, historical and town-planning, archive and archaeological researches which were absent by preparation of the approved project of borders of the territory of object of cultural heritage and the established borders of the territory of object of cultural heritage giving the grounds for review, according to the procedure, established by this Article for approval of borders of the territory of object of cultural heritage.

7. The data on borders of the territory of object of cultural heritage which are subject to inclusion in acts of relevant organs of protection of objects of cultural heritage, specified in Item 5 of this Article and part 4 of article 17 of the Federal Law of October 22, 2014 to No. 315-FZ "About introduction of amendments to the Federal law "About Objects of Cultural Heritage (Historical and Cultural Monuments) of the People of the Russian Federation" and separate legal acts of the Russian Federation" shall contain the graphical description of location of borders of the territory 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 list of coordinates of characteristic points of these borders in the system of coordinates installed for maintaining the Single state real estate register.

Data on borders of the territory of object of cultural heritage, on restrictions of use of the real estate unit which is in borders of the territory of object of cultural heritage are entered in the Single state real estate register according to the Federal Law of July 13, 2015 No. 218-FZ "About state registration of the real estate". Absence in the Single state real estate register of the data specified in this Item is not the basis for non-compliance with requirements to implementation of activities in the borders of the territory of object of cultural heritage established by the land legislation of the Russian Federation and article 5.1 of this Federal Law.

Article 4. Categories of historical and cultural value of objects of cultural heritage

Objects of cultural heritage are subdivided into the following categories of historical and cultural value:

objects of cultural heritage of federal importance - the objects having historical and architectural, art, scientific and memorial value, having special value for history and culture of the Russian Federation and also objects of archaeological heritage;

objects of cultural heritage of regional value - the objects having historical and architectural, art, scientific and memorial value, having special value for history and culture of the subject of the Russian Federation;

objects of cultural heritage local (municipal) the znacheniyaobjekta having historical and architectural, art, scientific and memorial value, having special value for history and culture of the municipality.

Article 5. The parcels of land in borders of the territories of objects of cultural heritage

The parcels of land in borders of the territories of the objects of cultural heritage included in the unified state register of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, and also in borders of the territories of the revealed objects of cultural heritage belong to lands of historical and cultural appointment which legal regime is regulated by the land legislation of the Russian Federation and this Federal Law.

Article 5.1. Requirements to implementation of activities in borders of the territory of object of cultural heritage and specific mode of use of the parcel of land, water object or its part in which borders object of archaeological heritage is located

1. In borders of the territory of object of cultural heritage:

1) in the territory of monument or ensemble construction of facilities of capital construction and increase in the volume and space characteristics existing in the territory of monument or ensemble of capital construction projects are prohibited; carrying out earth, construction, meliorative and other works, except for works on preserving object of cultural heritage or its separate elements, preserving historical and town-planning or environment of object of cultural heritage;

2) in the territory of the noteworthy place works on preserving the monuments and ensembles which are in borders of the territory of the noteworthy place, the works aimed at providing safety of the features of the noteworthy place which are the bases for its inclusion in the unified state register of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation and subjects to obligatory preserving are permitted; construction of facilities of capital construction for the purpose of reconstruction of the lost town-planning circle; implementation of limited construction, capital repairs and reconstruction of capital construction projects on condition of preserving the features of the noteworthy place which are the bases for its inclusion in the unified state register of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation and subjects to obligatory preserving;

3) in the territory of monument, ensemble or the noteworthy place conducting the economic activity which is not contradicting requirements of ensuring safety of object of cultural heritage and allowing to provide functioning of object of cultural heritage in modern conditions is allowed.

2. In relation to the territory of the noteworthy place the town-planning regulations are established in accordance with the legislation of the Russian Federation taking into account requirements of the subitem 2 of Item 1 of this Article.

3. Requirements to implementation of activities in borders of the territory of the noteworthy place, the requirement to town-planning regulations in borders of the territory of the noteworthy place are established:

1) the federal executive body authorized by the Government of the Russian Federation in the field of preserving, use, promoting and the state protection of objects of cultural heritage - for the noteworthy place of federal importance;

2) the executive body of the subject of the Russian Federation authorized in the field of preserving, use, promoting and the state protection of objects of cultural heritage - for the noteworthy place of regional value;

3) the local government body authorized in the field of preserving, use, promoting and the state protection of objects of cultural heritage - for the noteworthy place of local (municipal) value.

4. The body which established requirements to implementation of activities in borders of the territory of the noteworthy place within five days from the date of entry into force of the act of establishment of such requirements sends the copy of the specified act to the federal executive body authorized by the Government of the Russian Federation on implementation of the state cadastral registration, state registration of the rights, maintaining the Single state real estate register and provision of the data containing in the Single state real estate register, its territorial authorities (further - body of registration of the rights).

5. The specific mode of use of the parcel of land in which borders object of archaeological heritage is located, provides possibility of carrying out archaeological field works according to the procedure, established by this Federal Law, the earth, construction, meliorative, economic works specified in article 30 of this Federal Law of works on use of the woods and other works on condition of ensuring safety of object of the archaeological 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 archaeological heritage, and also ensuring access of citizens to the specified objects.

The specific mode of use of water object or its part in which borders object of archaeological heritage is located, provides possibility of work, determined by the Water code of the Russian Federation, on condition of ensuring safety of object of the archaeological 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 archaeological heritage, and also ensuring access of citizens to the specified objects and carrying out archaeological field works according to the procedure, established by this Federal Law.

Article 6. State protection of objects of cultural heritage

The state protection of objects of cultural heritage for the purpose of this Federal Law is understood as system of the legal, organizational, financial, material, information and other accepted by public authorities of the Russian Federation and public authorities subjects of the Russian Federation, by local government bodies according to this Federal Law within their competence of the measures directed to identification, accounting, studying of objects of cultural heritage, prevention of their destruction or causing harm by it.

Article 7. The rights of citizens of the Russian Federation, foreign citizens and stateless persons in the field of preserving, use, promoting and the state protection of objects of cultural heritage

1. Ensuring safety of objects of cultural heritage for the benefit of these and future generations of the multinational people of the Russian Federation according to this Federal Law is guaranteed to citizens of the Russian Federation.

2. Everyone has the right to access to objects of cultural heritage according to the procedure, the stipulated in Clause 47.4 presents of the Federal Law.

3. Everyone has the right to free receipt of information on the object of cultural heritage, the territory of object of cultural heritage, zones of protection of object of cultural heritage, protective zone of object of cultural heritage according to the procedure established by this Federal Law within the data containing in the unified state register of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation.

Article 8. Assistance of public and religious associations in preserving, use, promoting and state protection of objects of cultural heritage

Public and religious associations have the right to assist public authorities and local government bodies in preserving, use, promoting and the state protection of objects of cultural heritage in accordance with the legislation of the Russian Federation.

Chapter II. Powers of public authorities of the Russian Federation, public authorities of subjects of the Russian Federation and local government bodies in the field of preserving, use, promoting and the state protection of objects of cultural heritage

Article 9. Powers of federal bodies of the government in the field of preserving, use, promoting and the state protection of objects of cultural heritage

1. To powers of federal bodies of the government in the field of preserving, uses, promoting and the state protection of objects of cultural heritage belong:

1) establishment in the cases determined by this Federal Law, restrictions when using of objects of cultural heritage and the parcels of land or water objects in which borders objects of archaeological heritage are located;

2) carrying out single investment policy in the field of the state protection of objects of cultural heritage;

3) approval of federal target programs of preserving, use, promoting and state protection of objects of cultural heritage;

4) determination of policy in the field of the state protection of objects of cultural heritage;

5) preserving, use and promoting of the objects of cultural heritage which are in federal property;

6) the state protection of objects of cultural heritage of federal importance which list affirms the Government of the Russian Federation;

7) the organization and determination of procedure for activities of the federal executive body authorized by the Government of the Russian Federation in the field of preserving, use, promoting and the state protection of objects of cultural heritage;

8) establishment of the general principles of content of objects of cultural heritage and establishment of borders of the territories of objects of cultural heritage and their zones of protection, carrying out construction, repair and other works in the territories of objects of cultural heritage and in zones of their protection;

9) establishment of the general principles of preserving objects of cultural heritage;

10) forming together with public authorities of subjects of the Russian Federation and maintaining according to the procedure, provided by this Federal Law, the unified state register of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation;

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