History of the protection of cultural heritage sites. Legislation in the field of conservation, use and state protection of cultural heritage sites. State system for the protection of cultural heritage sites. What is cultural heritage

The system of Russian legislation on the protection of historical and cultural heritage is a set of regulations governing this area.

Constitution of the Russian Federation

“Everyone has the right to participate in cultural life and use cultural institutions, to have access to cultural values.”
“Everyone is obliged to take care of the preservation of historical and cultural heritage, to protect historical and cultural monuments.”

Certain general rules are contained in Fundamentals of legislation on culture of the Russian Federation, approved by the Supreme Council of the Russian Federation on October 9, 1992 No. 3612-1 (last edition dated July 23, 2008).
So, in accordance with this legal act, the cultural heritage of the peoples of the Russian Federation is material and spiritual values created in the past, as well as monuments and historical and cultural territories and objects that are significant for the preservation and development of the identity of the Russian Federation and all its peoples, their contribution to world civilization.
The fundamentals of cultural legislation also determine the legal regime of especially valuable objects of cultural heritage of the peoples of the Russian Federation.

Basic law in the field of preservation, use and state protection of cultural heritage objects (historical and cultural monuments) is the Federal Law of June 25, 2002 No. 73-FZ “On cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation (last edition dated July 23, 2008, as amended on December 17, 2009).
Federal Law No. 73-FZ is aimed at implementing the above constitutional rights and obligations, as well as at implementing the rights of peoples and other ethnic communities in the Russian Federation to preserve and develop their cultural and national identity, protect, restore and preserve the historical and cultural habitat, protect and preservation of sources of information about the origins and development of culture.
In accordance with this law, objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation represent a unique value for the entire multinational people of the Russian Federation and are an integral part of the world cultural heritage.
Federal Law No. 73-FZ establishes that the Russian Federation guarantees the preservation of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation in the interests of the present and future generations of its multinational people.
At the same time, in accordance with this law, state protection of cultural heritage sites is one of the priority tasks of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local governments.

relations arising in the field of preservation, use and popularization of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation;
features of ownership, use and disposal of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation as a special type of real estate;
the procedure for the formation and maintenance of a unified state register of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation;
general principles of state protection of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation.

Federal Law No. 73-FZ gives an official definition to objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation. In accordance with Art. 3 these include: “real estate objects with associated works of painting, sculpture, decorative and applied art, objects of science and technology and other objects of material culture that arose as a result of historical events, representing value from the point of view of history, archeology, architecture , urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture and are evidence of eras and civilizations, authentic sources of information about the origin and development of culture."
It should be noted that the relevant legislation of the Russian Federation (in particular, the Civil Code of the Russian Federation) is applied to relations related to the ownership, use and disposal of cultural heritage objects as objects of real estate, taking into account the specifics established by Federal Law No. 73-FZ.

objects of cultural heritage of federal significance - objects of historical, architectural, artistic, scientific and memorial value, having special significance for the history and culture of the Russian Federation, as well as objects of archaeological heritage;
objects of cultural heritage of regional significance - objects that have historical, architectural, artistic, scientific and memorial value, which are of particular importance for the history and culture of the subject of the Russian Federation;
objects of cultural heritage of local (municipal) significance - objects of historical, architectural, artistic, scientific and memorial value, which are of particular importance for the history and culture of the municipality.

Article 7 of Federal Law No. 73-FZ details the rights of citizens of the Russian Federation, foreign citizens and stateless persons in the field of preservation, use, popularization and state protection of cultural heritage objects.
Thus, citizens of the Russian Federation are guaranteed the safety of cultural heritage sites in the interests of the present and future generations of the multinational people of the Russian Federation in accordance with this Federal Law. Everyone has the right to access objects of cultural heritage in the manner established by paragraph 3 of Article 52 of the said Federal Law. Everyone has the right to unhindered receipt of information about an object of cultural heritage in the manner established by Federal Law No. 73-FZ, within the limits of the data contained in the unified state register of objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation.

Article 8 establishes the powers of public and religious associations, which are given the right to assist the federal executive body, specially authorized in the field of state protection of cultural heritage objects, in the preservation, use, popularization and state protection of cultural heritage objects in accordance with the legislation of the Russian Federation.

The powers of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local governments in the field of preservation, use, popularization and state protection of cultural heritage objects. It should be noted that since 2007, most federal powers have been delegated to the constituent entities of the Russian Federation in accordance with Federal Law No. 258-FZ of December 29, 2006.
Financing of measures for the preservation, popularization and state protection of cultural heritage sites, including benefits provided to individuals or legal entities who have invested in work to preserve cultural heritage sites.
Issues of formation and maintenance of the Unified State Register of Cultural Heritage Objects (historical and cultural monuments) of the peoples of the Russian Federation
State historical and cultural examination
State protection of cultural heritage sites, its goals and objectives, measures to ensure the safety of cultural heritage sites during construction and other work.
Conservation of cultural heritage objects, which means repair and restoration work aimed at ensuring the physical safety of a cultural heritage object, including conservation of a cultural heritage object, repair of a monument, restoration of a monument or ensemble, adaptation of a cultural heritage object for modern use, as well as scientific research , survey, design and production work, scientific and methodological guidance, technical and designer supervision.
Peculiarities of ownership, use and disposal of a cultural heritage object included in the register and an identified cultural heritage object.
Essential terms of the lease agreement and the agreement for free use of a cultural heritage site. In particular, it is established that the tenant/user must have a security obligation.
Features of the legal regime of historical and cultural reserves and historical settlements.
Responsibility for violation of Federal Law No. 73-FZ, as well as final and transitional provisions.

It should be especially emphasized that for the full implementation of the provisions of Federal Law No. 73-FZ, it provided for the adoption by the Government of the Russian Federation of certain by-laws that disclose certain basic provisions of the law.

The following by-laws have currently been adopted:

Regulations on state historical and cultural expertise (Approved by Decree of the Government of the Russian Federation of July 15, 2009 No. 569).
Regulations on protection zones of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation (Approved by Decree of the Government of the Russian Federation of April 26, 2008 No. 315).
Regulations on the Unified State Register of Cultural Heritage Objects (historical and cultural monuments) of the peoples of the Russian Federation" (Approved by Order of the Federal Service for Supervision of Compliance with Legislation in the Field of the Protection of Cultural Heritage dated February 27, 2009 No. 37)
Form of passport for a cultural heritage object (Approved by Order of the Federal Service for Supervision of Compliance with Legislation in the Field of Protection of Cultural Heritage dated February 27, 2009 No. 37)
Regulations on the procedure for issuing permits (open sheets) for the right to carry out work to identify and study objects of archaeological heritage (Approved by Order of the Federal Service for Supervision of Compliance with Legislation in the Field of the Protection of Cultural Heritage dated 02/03/2009 No. 15).

However, many by-laws remained unadopted:

The procedure for exercising state control in the field of conservation, use, popularization and state protection of cultural heritage objects.
Methodology for determining the total amount of funds provided for in the Federal Compensation Fund in the form of subventions to the budgets of constituent entities of the Russian Federation for the implementation of delegated powers in the field of state protection of cultural heritage objects.
The procedure for establishing preferential rent in relation to cultural heritage sites in federal ownership
The procedure for payment to an individual or legal entity that is the owner of an object of cultural heritage of federal significance included in the unified state register of objects of cultural heritage (historical and cultural monuments)
The procedure for submitting proposals for the inclusion of cultural heritage sites of federal significance on the World Heritage List of the United Nations Educational, Scientific and Cultural Organization (UNESCO).
The procedure for organizing a historical and cultural reserve of federal significance.

Federal Law No. 258-FZ of December 29, 2006 also began the process of delineating property for objects of cultural heritage that were immovable monuments of history and culture of state (all-Union and republican) significance before December 27, 1991 between the Russian Federation and its constituent entities.

List of individual objects cultural heritage of federal significance, the powers of state protection of which are exercised by Rosokhrankultura. (Order of the Government of the Russian Federation dated June 1, 2009 No. 759-R).
Differentiation of forms of state ownership of cultural heritage objects. Saint Petersburg.(Order of the Government of the Russian Federation dated May 6, 2008 No. 651-R, Order of the Government of the Russian Federation dated December 31, 2008 No. 2057-R, Order of the Government of the Russian Federation dated May 19, 2009 No. 680-R).
Differentiation of forms of state ownership of cultural heritage objects. Sverdlovsk region.(Order of the Government of the Russian Federation dated April 7, 2008 No. 437-R).
Differentiation of forms of state ownership of cultural heritage objects. Kaliningrad region. (Order of the Government of the Russian Federation dated July 30, 2009 No. 1048-R).
Differentiation of forms of state ownership of cultural heritage objects. Kaluga region.(Order of the Government of the Russian Federation dated October 2, 2009 No. 1412-R).

In this regard, it is also necessary to note the features of the privatization of historical and cultural monuments, which today is possible in relation to those objects for which the process of delineating property has been completed.
Federal Law "On the Privatization of State and Municipal Property" a number of special provisions are provided for when privatizing historical and cultural monuments. Thus, objects of cultural heritage can be privatized only if they are burdened with obligations for maintenance, preservation and use (protection obligations).
At the same time, the protective obligation must contain requirements for the maintenance of the cultural heritage object, conditions for access of citizens, the procedure and timing of restoration, repair and other work, as well as other requirements ensuring the safety of such an object.

in relation to cultural heritage sites (historical and cultural monuments) of federal significance- the federal executive body exercising the functions of developing state policy and legal regulation in the field of historical and cultural heritage;
in relation to cultural heritage sites (historical and cultural monuments) of regional significance, identified objects of cultural heritage (historical and cultural monuments) - authorized in the field of protection of cultural heritage objects (historical and cultural monuments) executive authorities of the constituent entities of the Russian Federation, on whose territories these objects are located;
in relation to cultural heritage objects (historical and cultural monuments) of local (municipal) significance - by local government bodies of municipalities in whose territories these objects are located.

This law also contains a clause that if the interior of the cultural heritage object is not the subject of protection of this object, ensuring access of citizens to the internal premises of the cultural heritage object cannot be made the responsibility of the owner of the cultural heritage object.
The law also provides that if a cultural heritage object is sold at a competition, the terms of the competition may provide for restoration work.

It should also be noted that legislation on the protection of historical and cultural heritage is under the joint jurisdiction of the Russian Federation and its constituent entities. Special laws of the constituent entities of the Russian Federation, supplementing Federal Law No. 73-FZ, have been adopted in almost all regions of Russia. Laws and other normative acts of the constituent entities of the Russian Federation adopted on issues of joint jurisdiction cannot contradict federal legislation.

Responsibility for violations of legislation on the protection of historical and cultural heritage is established by the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation.
Thus, in accordance with the Code of Administrative Offenses, violation of the requirements for the preservation, use and protection of cultural heritage objects (historical and cultural monuments) of federal significance included in the State Register of Cultural Heritage Objects (List of objects of historical and cultural heritage of federal (all-Russian) significance), their territories, as well as failure to comply with the restrictions established in their protection zones, entails the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles.

Carrying out excavation, construction, reclamation, economic and other work without permission from the state body for the protection of cultural heritage sites in cases where such permission is required;
Conducting archaeological surveys or excavations without a permit obtained in the prescribed manner (open sheet) or in violation of the conditions stipulated by the permit (open sheet);
Illegal allotment of land plots on specially protected lands of historical and cultural significance;
Avoidance of transferring cultural property discovered as a result of archaeological field work for permanent storage to the state part of the Museum Fund of the Russian Federation.

the head of the federal executive body exercising control over compliance with the rules for the protection and use of historical and cultural monuments, and his deputies;
heads of authorized structural divisions of the specified federal executive body, their deputies;
heads of territorial bodies of the specified federal executive body, their deputies;
heads of executive authorities of the constituent entities of the Russian Federation exercising state control over compliance with the rules for the protection and use of historical and cultural monuments, and their deputies.

For more serious violations, liability is provided for in Article 243 of the Criminal Code of the Russian Federation. In accordance with this article, destruction or damage to historical, cultural monuments, natural complexes or objects taken under state protection, as well as objects or documents of historical or cultural value, is punishable by a fine of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months or imprisonment for a term of up to two years. The same acts committed in relation to especially valuable objects or monuments of all-Russian significance are punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of one to three years, or by imprisonment for a term of up to five years.

The Russian Federation has also ratified a number of European conventions, which have become an integral part of Russian legislation on the protection of historical and cultural heritage, namely¹:

1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict and Implementing Regulations	August 7, 1956	The Convention was ratified by the Presidium of the Supreme Soviet of the USSR on December 12, 1956. The USSR instrument of ratification was deposited with the Director General of UNESCO on January 4, 1957.
First Protocol of 1954 to the Convention for the Protection of Cultural Property in the Event of Armed Conflict	August 7, 1956	The Protocol was ratified by the Presidium of the Supreme Soviet of the USSR on December 12, 1956. The USSR instrument of ratification was deposited with the Director General of UNESCO on January 4, 1957.	Federal constitutional law of January 30, 2002 No. 1-FKZ "On martial law" Federal constitutional law of May 30, 2001 No. 3-FKZ "On a state of emergency"
Second Protocol of 1999 to the Convention for the Protection of Cultural Property in the Event of Armed Conflict	March 9, 2004	Protocol NOT RATIFIED by Russia	Federal constitutional law of January 30, 2002 No. 1-FKZ “On martial law”
1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property	April 24, 1972	The Convention was ratified by Decree of the Presidium of the Supreme Soviet of the USSR dated 02.02.1988 No. 8423-XI. The instrument of ratification of the USSR was submitted to the Director-General of UNESCO on April 28, 1988.	Law of the Russian Federation of April 15, 1993 No. 4804-I “On the export and import of cultural property”
1972 Convention Concerning the Protection of the World Cultural and Natural Heritage	December 17, 1975	The Convention was ratified by Decree of the Presidium of the Supreme Soviet of the USSR dated March 9, 1988 No. 8595-XI. The instrument of ratification was deposited with the Director-General of UNESCO on October 12, 1988. The Convention entered into force for the USSR on January 12, 1989.	1978 “On the protection and use of historical and cultural monuments” (as amended on January 18
2001 Convention on the Protection of the Underwater Cultural Heritage	Has not entered into force. 20 ratifications needed, currently 14		Federal Law of June 25, 2002 No. 73-FZ "On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation" as amended Federal Law of July 31, 1998 No. 155-FZ "On Internal Sea Waters, the Territorial Sea and the Contiguous Zone of the Russian Federation"
2003 Convention for the Safeguarding of the Intangible Cultural Heritage	April 20, 2006	The Convention has NOT BEEN RATIFIED by Russia
2005 Convention on the Protection and Promotion of Cultural Expressions	March 18, 2007	The Convention has NOT BEEN RATIFIED by Russia	Law of the Russian Federation of October 9, 1992 No. 3612-I “Fundamentals of the legislation of the Russian Federation on culture” (as amended on June 23, 1999, December 27, 2000, December 30, 2001)
1995 UNIDROIT Convention on Stolen and Illegally Exported Cultural Objects	01 July 1998	The Convention was signed by Russia in accordance with the order of the President of the Russian Federation of June 29, 1996 N 350-rp, but NOT RATIFIED	Law of the Russian Federation of April 15, 1993 No. 4804-I “On the export and import of cultural property”, Civil Code of the Russian Federation.
European Convention (Revised) 1992 for the Protection of the Archaeological Heritage	May 25, 1995	The Convention was signed by Russia on January 16, 1992 on the basis of the Order of the Government of the Russian Federation dated January 14, 1992 No. 69-r “On the signing of the European Convention for the Protection of the Archaeological Heritage (revised).” The Convention has NOT BEEN RATIFIED by Russia
European Convention 1985 for the Protection of the Architectural Heritage of Europe	January 1, 1987	The convention was ratified by the USSR. The Convention entered into force for the USSR on March 1, 1991.	Federal Law of June 25, 2002 No. 73-FZ "On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation" as amended

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Speaking about the state system of monument protection, I would like to start with history and understand what played the main role in the preservation of cultural heritage sites at various stages of social development.

How was the attitude towards antiquity in Russia and what explains the numerous domestic losses? In the pre-Petrine era and even in the 18th century. the concept of “monument” had not yet been formed and the main impetus for preserving antiquity was religion. Antiquities that became religious shrines were revered and protected. Thus, thanks to the deep church and popular veneration of Orthodox shrines, precious remains of antiquity from the 11th to 17th centuries have reached us. - churches of Kiev, Chernigov, Novgorod, Vladimir, Moscow, miraculous icons and church utensils, manuscripts and personal belongings of metropolitans, patriarchs, abbots of monasteries, etc. Despite frequent disasters, our ancestors preserved the miraculous icons of the Vladimir and Donskaya Mothers of God, closely connected with the fate of Russia and Moscow.

Many monuments of church antiquity, as well as samples of ancient weapons, jewelry, symbols of princely and royal power, and household items were carefully stored in churches and monasteries, palaces, and the Kremlin Armory - a kind of ancient Russian museum.

But this is only a small fraction of the total number of works of ancient Russian art. Wars, enemy invasions, and fires were a terrible scourge for Russian cities. But people themselves played a significant role in the tragic fate of ancient monuments. Sharp turns of state policy, ideological and taste preferences, as a rule, had a detrimental effect on the preservation of monuments.

The state began to protect antiquities only from the beginning of the 18th century. Decrees of Peter I of 1718 and 1721 they ordered the collection of ancient objects, “curious things,” “which is extremely unusual.” At the same time, the break of Peter I and his followers with centuries-old traditions and the dominance of Western European architecture led to the oblivion and destruction of entire layers of church antiquity: chapels, house churches, cemeteries. The remains of antiquity in ancient Russian cities did not attract the attention of the enlightened class. For the construction of a huge palace in the Kremlin in the 1770s. By decree of Catherine II, some churches and part of the wall with towers were demolished. At the end of the 18th - beginning of the 19th century. In order to improve the city, the authorities destroyed dozens of churches. Russian society of that era was completely divorced from ancient Russian traditions. It is no coincidence that the legislative acts of the 1820s. concerned ancient and Muslim buildings in Crimea. The 19th century was the time when Russian society overcame blind imitation of the West and returned to forgotten national traditions. During the era of Nicholas I, a number of decrees were issued prohibiting the destruction of fortress architecture. The theory of official nationality, the constituent parts of which were Orthodoxy, autocracy, and nationality, significantly contributed to awakening the interest of the general public in its past. Precisely by the 30-70s. 19th century include the first attempts to restore or recreate monuments: the House of the Romanov Boyars, the Chambers of the Printing House, the interiors of the Terem Palace in Moscow, the Romanov Chambers in the Ipatiev Monastery.

The most significant role in the protection of monuments in pre-revolutionary Russia belonged to various societies, primarily the Odessa Society for the History of Antiquities (1839), the Archaeological Commission (1859), and the Moscow Archaeological Society (1864). The latter made a huge contribution to the study and protection of monuments. At archaeological congresses held by the society (since 1869), projects for the protection of valuable structures throughout Russia were repeatedly discussed. Largely thanks to the activity of members of the society, various departments of the empire issued decrees prohibiting unauthorized restorations and excavations. The society also developed a classification of monuments (architecture, history, painting, writing, sculpture, etc.). The activities of the Society for the Protection and Preservation of Monuments of Art and Antiquities in Russia, created in 1909 in St. Petersburg, were of a less large-scale nature. The chairman of the society was Grand Duke Nikolai Mikhailovich, the members were V.V. Vereshchagin, N.K. Roerich, A.V. Shchusev, N.K. Wrangel.

Gradually by the end of the 19th century. A network of institutions and organizations was formed locally, in whose activities the protection of monuments occupied the most important place. Among them are local museums, provincial statistical committees (since the 1830s), church archaeological societies, committees and ancient repositories (since the 1870s), provincial scientific archival commissions (since the 1880s), societies for the study of local the edges. In most Russian provincial cities, these organizations united experts and lovers of local antiquities.

Although before the revolution it was not possible to adopt state legislation in the field of protection of monuments of art and antiquities, thanks to public opinion and the activities of various institutions and societies, the destruction of the national heritage was generally stopped. The imperial family, church, government agencies, city authorities, nobility and merchants took part in the preservation of churches, monasteries, palaces, estates, fortifications, city mansions, museums and galleries.

The revolutionary upheavals of 1917, the civil war and subsequent events radically changed the attitude towards monuments of art and antiquity. The destruction of the old state system, total nationalization and destruction of private property, and the atheistic policy of the Bolshevik authorities put ancient monuments in a difficult situation. The division and spontaneous pogroms of estates began, numerous monasteries and house churches, etc. were closed and occupied by various organizations. There was an urgent need to save the priceless cultural heritage of Russia. Under the auspices of the People's Commissariat of Education (People's Commissar A.V. Lunacharsky) in 1918 - 1920. A state system for the protection of monuments took shape, headed by the Department for Museums and the Protection of Monuments of Art and Antiquities (Museum Department).

Subdepartments or commissions for museum affairs and the protection of monuments of art and antiquities arose under the provincial and some district departments of public education. In 1918, a restoration commission was created under the leadership of I.E. Grabar, later known as the Central State Restoration Workshops, which had branches in Petrograd and Yaroslavl. Local museums and local history societies began active work in the first post-revolutionary years. Unfortunately, in the new system of monument protection there was no place for the Moscow Archaeological Society, provincial scientific commissions, archival commissions and diocesan church-archaeological societies - all of them were abolished soon after the revolution. The methods of protecting monuments were very different: the removal of historical and artistic values from nationalized estates, estates and monasteries and the creation of new museums on their basis; registration of architectural monuments and supervision of their condition (repair and restoration); issuing letters of protection to owners of private collections.

The opening of museums in estates (Arkhangelskoye, Kuskovo, Ostankino, Astafyevo), monasteries (Donskoy, Novodevichy, Voskresensky, in New Jerusalem) contributed to their preservation. In the 1920s Monuments of the Moscow Kremlin, Yaroslavl, Central Asia, and Crimea were restored. A significant role in the study of local historical and cultural relics on site was played in the 20s. local history.

Later, due to the deterioration of the political situation in the country and the ideologization of all aspects of life, an increasingly negative attitude toward the historical and cultural heritage began to appear. In the late 20s - first half of the 30s. The previously created system for the protection of monuments in the country was liquidated: the Museum Department of the People's Commissariat for Education, local provincial and district bodies for the protection of monuments were abolished, the activities of the Central State Restoration Workshops and local history societies ceased, and many museums in estates and monasteries were closed. The sale of museum art treasures abroad has become widespread.

Everywhere, for the sake of improving cities, the authorities closed and demolished churches and entire blocks of old buildings. Only in Moscow in the 30s. Dozens of ancient buildings and temples have disappeared, including such masterpieces as the China Town Wall with towers and gates, the Triumphal and Red Gates, the Chudov and Ascension Monasteries, the Cathedral of Christ the Savior, the Church of the Assumption on Pokrovka, etc.

Timid attempts to protect monuments by legislative acts failed in the 30s. stop the tide of destruction. The Great Patriotic War, which began in 1941, caused irreparable damage to the cultural heritage of the USSR. As a result of military operations, remarkable buildings in the Moscow region, the outskirts of Leningrad, Novgorod, Ukraine, Belarus and Crimea were severely damaged.

However, it was during wartime, and especially in the first post-war years, that the attitude towards historical and cultural heritage changed. Various state management committees began to deal with the protection of monuments; the Department of Museums and Monument Protection was formed under the Ministry of Culture; locally, the protection of monuments was entrusted to the cultural departments of local Soviets. In 1966, the All-Russian Society for the Protection of Historical and Cultural Monuments was formed - a public organization that united numerous local devotees. In subsequent decades, thousands of historical and cultural monuments were identified and registered, but the state allocated little funds for their repair and restoration. Ideology has ceased to influence the selection of monuments. Today, numerous restoration workshops, museums, the State Research Institute of Restoration, the Russian Institute of Cultural Studies, etc. deal with the issues of finding and certifying monuments, their description and restoration.

Thanks to the dedicated work of restorers, monuments of ancient architecture in Kizhi, Suzdal, Vladimir, Rostov Veliky, Novgorod and other cities have come back to life. Palaces in Pavlovsk, Petrodvorets, and Pushkin near St. Petersburg literally emerged from the ruins. Today we have the opportunity to admire ancient Russian icons, paintings by famous masters of painting, frescoes, and monumental paintings.

In recent years, due to the revision of the ideological principles of state policy, the return of churches and monasteries to the church, and the economic development of cities, attention to historical and cultural monuments, their restoration and rational use has increased.

Currently, we can talk about the protection of monuments as a system of legal, organizational, financial, logistical and other measures to preserve and update heritage. It is carried out in order to prevent natural destruction, damage or destruction of the monument, changing its appearance and violating the order of use.

At this stage, there are several definitions of the concept of “monument”, considering it from a historical and legal aspect:

A sign that refers to a specific phenomenon that took place in the past to carry out the act of transmitting or updating socially significant information.

A status assigned to cultural and natural heritage sites of particular value to society.

In accordance with the Federal Law of June 25, 2002 No. 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation,” monuments are divided into: single objects, ensembles and places of interest.

By type of ownership: state, municipal and private.

Typologically, the monuments are divided into:

Urban planning monuments:

Architectural monuments:

Historical monuments:

Archaeological monuments:

Art monuments:

The Russian Museum Encyclopedia reports that Intangible Heritage is a set of tradition-based forms of cultural activity of the human community, forming a sense of identity and continuity among its members. Along with the term “intangible” (“non-material”), the term “intangible” is often used in foreign museological literature, emphasizing that we are talking about objects that are not materialized in objective form.

Forms of intangible heritage.

Museum experts distinguish 3 categories of intangible cultural heritage:

Aspects of the culture and tradition of a certain human community expressed in physical form (rites, lifestyle, folklore, etc.).

Forms of expression that are not enclosed in physical form (language, songs, oral folk art).

Symbolic and metaphorical meanings of objects constituting tangible cultural heritage.

Forms of intangible heritage include language, literature, oral epic, music, dance, games, mythology, rituals, customs, crafts, traditional forms of communication, traditional ecological ideas, signs, symbols, etc.

The problem of preserving intangible heritage.

Back in the 19th century, expeditions of an ethnographic nature were carried out with the aim of fixing and recording folklore.

In the 20th century, due to the processes of modernization and globalization, many forms of intangible culture were doomed to oblivion and death, because In society, the attitude towards preserving tradition, necessary for the existence of tradition, disappears. The international community has recognized that many forms of intangible heritage today are on the verge of extinction and ways of preserving them in the natural environment have been outlined. . In the last years of the twentieth century, the fate and problem of preserving intangible heritage objects became the center of attention of the world community. The threat of the complete disappearance of many important forms of culture for human self-identification required discussion of this problem at major international forums and the development of a number of international documents. The museum is considered today as the most important institution capable of preserving and updating many objects of intangible heritage. The inclusion of intangible heritage objects in the scope of museum activities today requires changes to basic museological concepts, the development of principles and methods of working with a new range of museum objects.

Currently, there is more and more talk about the problems of privatization of monuments; for Russia, these problems are especially acute. This process mainly began in the 90s, when a law on the nationalization of monuments was adopted.

In 2001, the subject of protection and security responsibilities were determined (maintenance of the object, conditions of access for citizens, the procedure and properties of restoration and other work)

A supplement to the magazine “Parish” has been published on a CD “Arrangement, preservation and construction of the temple. Architectural, construction and engineering solutions."

The CD includes articles and illustrative materials devoted to the arrangement, preservation, restoration and construction of new churches. The materials are intended for rectors and parish members whose responsibilities include these issues.

The author of most of the articles and the compiler of this publication is the architect M.Yu. Kesler, under whose leadership the Architectural and Artistic Design and Restoration Center of the Moscow Patriarchate ACC “Archtemple” developed the Code of Rules “Buildings, structures and complexes of Orthodox churches” (SP 31-103-99).

Many materials were published by the author on the pages of the magazine “Parish” and have now become difficult to access. The disk also includes other articles taken from other open sources and more fully revealing the range of issues discussed, including the spiritual foundations and traditions of Orthodox church building. For those wishing to obtain detailed information on the issues under consideration, a list of recommended literature and Internet resources is provided.

Rich illustrative material will help users of the disk find examples of architectural solutions, elements of arrangement and decoration of churches and chapels. To select a finished project, catalog sheets are attached indicating the authors who can be contacted to use the project.

Full information about the disc is available on the website of the magazine “Parish” www.vestnik.prihod.ru.

Legislation in the field of conservation, use and state protection of cultural heritage sites (historical and cultural monuments)

Federal Law of June 25, 2002 No. 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation” in Art. 3 talks about objects of cultural heritage, which are real estate of a special kind and with a special legal regime.

According to this article, to objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, incl. religious purposes, include real estate objects with associated works of painting, sculpture, decorative and applied art and other objects of material culture that arose as a result of historical events, representing value from the point of view of history, archeology, architecture, urban planning, art, aesthetics, social culture and are sources of information about the development of culture.

Objects of cultural heritage for religious purposes, in accordance with this law, are divided into the following types:

monuments - individual buildings, buildings and structures with historically established territories (churches, bell towers, chapels and other objects specifically intended for worship); mausoleums, separate burials; works of monumental art; objects, the main or one of the main sources of information about which are archaeological excavations or finds (hereinafter referred to as objects of archaeological heritage);
ensembles - groups of isolated or united monuments and buildings clearly localized in historically established territories: temple complexes, monasteries, farmsteads, necropolises;
places of interest - creations created by man, or joint creations of man and nature, including fragments of urban planning and development; places of religious ceremonies.

Objects of cultural heritage are divided into the following categories of historical and cultural significance:

objects of cultural heritage of federal significance - objects of historical, architectural, artistic, scientific and memorial value, having special significance for the history and culture of the Russian Federation, as well as objects of archaeological heritage;
objects of cultural heritage of regional significance - objects that have historical, architectural, artistic, scientific and memorial value, which are of particular importance for the history and culture of the subject of the Russian Federation;
objects of cultural heritage of local (municipal) significance - objects that have historical, architectural, artistic, scientific and memorial value, and are of particular importance for the history and culture of the municipality.

Thus, historical and cultural monuments are understood only as real estate objects.

However, many of the buildings and structures are in ruins and can hardly be called historical and cultural monuments. The question arises whether the destroyed buildings are classified as cultural monuments and what percentage of destruction is necessary in order to state their complete physical destruction. It seems that this issue should be resolved more clearly in legislation.

Objects recognized as historical and cultural monuments are subject to a special legal regime and are under special legal protection. In order for a particular object to receive special legal protection, it is necessary that it be recognized as such in the manner prescribed by law. It should be borne in mind that there are no objective signs for recognizing them as such. Each time this issue is resolved individually based on the opinion of specialists.

Historical and cultural monuments can be owned by any subject of civil rights, but most historical and cultural monuments are in federal state ownership. The inability of the state to provide adequate protection to cultural monuments is evidenced by the fact that over the past ten years, Russia, according to the Ministry of Culture, has lost 346 monuments of federal significance.

In this regard, the question of the need to transfer cultural monuments from federal ownership to the ownership of other subjects of civil law has long been raised.

A special regime was established for cultural heritage sites for religious purposes. So, according to paragraph 2 of Art. 50 of the Law on Objects of Cultural Heritage, objects of cultural heritage for religious purposes can be transferred into the ownership only of religious organizations in the manner established by the legislation of the Russian Federation.

On December 3, 2010, the Law “On the transfer of state or municipal property for religious purposes to religious organizations” came into force. How religious organizations will properly preserve church values transferred by the state is a question that concerns not only museum workers, but also church organizations themselves.

Concern for the preservation of cultural heritage must be recognized as a task for the entire Church.

State system for the protection of cultural heritage sites (historical and cultural monuments)

The state protection of cultural heritage objects in Federal Law No. 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation” is understood as a system of legal, organizational, financial, material, technical, information and other adopted by government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation, local government bodies, within their competence, take measures aimed at identifying, recording, studying cultural heritage objects, preventing their destruction or causing harm to them, monitoring the preservation and use of cultural heritage objects in accordance with the Federal Law.

In accordance with Art. 8 of this law, religious associations have the right to assist the federal executive body, specially authorized in the field of state protection of cultural heritage objects, in the preservation, use, popularization and state protection of cultural heritage objects in accordance with the legislation of the Russian Federation.

Control over the safety of cultural heritage objects is carried out by the Federal Service for Supervision of Compliance with Legislation in the Sphere of Mass Communications and the Protection of Cultural Heritage, formed in accordance with Decree of the Government of the Russian Federation of June 17, 2004 No. 301, which is a federal executive body. It is under the jurisdiction of the Ministry of Culture and Mass Communications of the Russian Federation. According to clause 5.1.3 of the said resolution, it exercises state control over the preservation, use, popularization and state protection of objects of cultural heritage of the peoples of the Russian Federation (historical and cultural monuments), including jointly with government authorities of the constituent entities of the Russian Federation.

Sources of financing for conservation, popularization and state protection of cultural heritage sites are:

federal budget;
budgets of the constituent entities of the Russian Federation;
off-budget receipts.

At a meeting of the working group under the President of the Russian Federation on the restoration of cultural heritage sites for religious purposes, held on June 17, 2011 in the Kremlin, Patriarch Kirill spoke about the problem of financing the restoration of destroyed shrines in Russia. Within the framework of the federal target program “Russian Culture (2006-2011),” 1.2-1.4 billion rubles are allocated. per year for more than a thousand religious sites alone that need to be restored. In reality, about 100 billion rubles are needed to restore churches and monasteries. Patriarch Kirill emphasized that no one is asking to allocate such money in the near future, “financing needs to be correlated with real needs,” however, if the level of investment remains the same, then while some monuments will be restored, many others will be completely lost. Temples in ruins simply cannot wait their turn - examples can be found in the Yaroslavl and even Moscow regions.

“As for the preservation of our cultural heritage, this, of course, is primarily the concern of the state, although responsibility should not be removed from both the Church and the relevant institutions of civil society,” the Primate emphasized at a meeting in the Kremlin.

To make the “Culture of Russia” program more effective, the Patriarch proposed reducing the list of applications and concentrating on those objects that have already begun to be restored. “It’s better for us to finish what we started than to take on new facilities and thus put the entire program at risk,” he emphasized.

The Patriarch also did not rule out the possibility of highlighting other priorities when choosing churches that require restoration. For example, more attention can be paid to the restoration of churches, the history of which is tied to historical names, dates, and events, the Patriarch suggested. It is also wise to restore monuments that have become centers of pilgrimage and tourism.

The Russian Federation maintains a unified state register of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation (hereinafter referred to as the register), containing information about cultural heritage objects.

The register is a state information system that includes a data bank, the unity and comparability of which is ensured through the general principles of formation, methods and forms of maintaining the register.

The information contained in the register is the main source of information about cultural heritage objects and their territories, as well as about protection zones of cultural heritage objects in the formation and maintenance of the state land cadastre, state urban planning cadastre, other information systems or data banks that use (take into account) this information.

In accordance with the law, the register is formed by including in it objects of cultural heritage in respect of which a decision was made to include them in the register, as well as by excluding from the register of objects of cultural heritage in respect of which a decision was made to exclude them from the register, in the order established by Federal Law.

In accordance with the Federal Law of June 25, 2002 No. 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation,” a Code of Restoration Rules (PSR, 2007) was developed, including recommendations for all types of research, survey, design and production work aimed at researching and preserving cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, with associated works of painting, sculpture, and decorative and applied art.

The set of restoration rules meets the requirements of the Orders of the Federal Service for Supervision of Compliance with Legislation in the Field of the Protection of Cultural Heritage (Rosokhrankultura).

However, the presence of such a document does not guarantee a professional approach to the restoration of cultural heritage. Protect Russian monuments from... restorers. This call was made at a press conference held in Moscow by leading specialists in the domestic restoration industry. And this is not a paradox. While the state entrusts the restoration of masterpieces of architecture and art to non-professionals, the country’s cultural heritage is under threat. The reason is the imperfection of legislation. According to Federal Law No. 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs,” adopted in 2005, a competition must be held among restoration firms. Anyone who has a license can win it, which is not so difficult to obtain. As a result, the same object is being restored by completely different organizations. There are companies that specialize in winning competitions and then sell subcontracts to performers. If earlier the problem was that there was no money for restoration, and the monuments were destroyed over time, now there is money, but every year it goes to different companies. Masterpieces of ancient Russian architecture are perishing from too frequent changes of “guardians”, who, for the sake of a tasty morsel, reduce the time of work and lower prices.

The law was created in order to avoid corruption in the distribution of government contracts. But in practice it has led to the emergence of fly-by-night companies that are not interested in preserving monuments, but only in using budgets.

In accordance with the Legislation, objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation include objects of real estate with associated works of painting, sculpture, decorative and applied art, objects of science and technology and other objects of material culture that arose as a result of historical events , which are valuable from the point of view of history, archaeology, architecture, urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture and are evidence of eras and civilizations, genuine sources of information about the origin and development of culture.

Monuments- individual buildings, buildings and structures with historically established territories, including religious monuments - churches, bell towers, chapels, cathedrals, churches, mosques, Buddhist temples, pagodas, synagogues, houses of worship and other objects specifically intended for worship.
Memorial apartments.
Mausoleums, separate burials.
Works of monumental art.
Objects of science and technology, including military ones.
Traces of human existence, including all movable objects, the main or one of the main sources of information about which are archaeological excavations or finds (hereinafter referred to as objects of archaeological heritage).
Ensembles- clearly localized in historically established territories, groups of isolated or combined monuments, buildings and structures for fortification, palace, residential, public, administrative, commercial, industrial, scientific, educational, religious purposes, including fragments of historical plans and developments of settlements that may be classified as urban planning ensembles.
Works of landscape architecture and gardening art(gardens, parks, squares, boulevards), necropolises.
Places of interest- creations created by man, or joint creations of man and nature, including places where folk arts and crafts exist;
Centers of historical settlements or fragments of urban planning and development;
Monuments, cultural and natural landscapes related to the history of the formation of peoples and other ethnic communities on the territory of the Russian Federation, historical events, and the lives of outstanding historical figures.
Cultural layers, remains of buildings of ancient cities, settlements, settlements, sites.
Places of religious ceremonies.

Monuments of architecture and urban planning
Historical monuments
Archeological monuments
Art monuments

Historical cities and settlements.

The list of historical settlements was approved in 1990 by a resolution of the board of the Ministry of Culture of the RSFSR, the board of the State Construction Committee of the RSFSR and the presidium of the Central Council of the All-Russian Society for the Protection of Natural and Cultural Monuments (VOOPiK).

Historical cities and settlements include:

539 - settlements

427 - historical cities
51 - urban village

The rest are rural settlements, divided into 4 categories.

Categories of historical cities and settlements: Category I- historical cities of international (global) significance, the heritage of which has a unique character recognized by the international community and requires the adoption of special measures and procedures for its preservation. Category II- historical cities of national (national) significance, the heritage of which is of an outstanding nature and its preservation requires the development of comprehensive programs and special projects for the reconstruction and revival of the historical environment. Category III- historical cities of regional significance, the heritage of which justifies their selection from the general list and needs to be preserved and used as an urban heritage. Category IV- other historical cities.

Museum-reserves and national parks

In Russia, not only historical and cultural monuments are placed under state protection, but also especially valuable territories where the entire cultural, historical and natural heritage complex, unique cultural and natural landscapes are preserved. Russian museum-reserves are a unique type of cultural institution. A modern museum-reserve is defined as a cultural institution created to ensure the preservation, restoration, study and public presentation of integral territorial complexes of cultural and natural heritage, material and spiritual values in their traditional historical (cultural and natural) environment. The difference between museum-reserves and other cultural institutions is that they are in charge not only of museum objects and collections, but also of immovable objects of cultural heritage, as well as the territory surrounding them. Museum-reserves are institutions that are complex in their functions; they are designed to preserve intact not only architectural, archaeological or memorial monuments, but also the historical territory itself, including unique cultural and natural landscapes, historical urban and rural settlements, and the way of life of those living on historical sites. territories of the population.

Museum-reserves play a vital role in shaping an attractive image of Russia abroad. The cultural heritage sites they contain represent Russia on the UNESCO World Heritage List. Of the 13 world cultural heritage sites in Russia, 12 are part of museum-reserves. At the same time, it should be especially emphasized that Russia, thanks to its museum-reserves, is represented in the world cultural space not only by its capitals, but also by its provinces.

Museum-reserves are centers of international and domestic tourism. These are the most attractive sites for visiting by Russian and foreign citizens. The total attendance of museum-reserves exceeds 18 million people a year. Making up only 6% of the total number of museum institutions in the country, museum-reserves contain 11% of museum funds and provide 25% of the attendance at museum institutions in Russia.

There are 104 museum-reserves and 37 estate museums in Russia. They are organized on the basis of places of interest associated with historical settlements, historical events, and the lives of prominent personalities. Most of them are concentrated in the European part of Russia. 35 national parks have been created in Russia, many of which preserve not only natural heritage, but also unique historical and cultural objects. National parks:

Kenozersky" (Arkhangelsk region)
"Russian North" (Vologda region)
"Pleshcheyevo Lake" (Yaroslavl region)
"Valdaisky" (Novgorod region)
"Meshchersky" (Ryazan region)
"Ugra" (Kaluga region)
"Sochi" (Krasnodar region)
"Samara Luka" (Samara region)
"Pribaikalsky" (Irkutsk region)

The entire historical, cultural and natural environment is preserved in national parks. For example, the Kenozersky National Park is not only protected forests and beautiful lakes, but also a place where wooden churches and chapels, sacred groves, votive crosses, and villages with a living traditional culture have been preserved.

Thanks to the institute of museum-reserves and national parks, it is possible to preserve objects of cultural and natural heritage as integral historical, cultural and natural complexes, the historical buildings of ancient cities, the historical landscape of a place of interest, spiritual shrines and the ethnographic specificity of ethnocultural territories.

Museum Fund of the Russian Federation

In Russian federation 1940 museums of all departments (as of 2008), with 555 branches.
95,5% Of all the museums, museums are run by cultural bodies.
Of them:
104 - museum-reserve
37 - museum-estate
81 belong to ethnographic museums.

The total composition of the museum fund is 81.53 million museum objects.

In 1854 Russian museums stored around 70 million museum objects and museum collections (25% of them in museums under the jurisdiction of the Ministry of Culture of Russia), which are part of the Museum Fund of the Russian Federation. More than 90% of the indicated number of museum objects and museum collections belong to the state part of the Museum Fund of the Russian Federation and are federal property. Museums in the form of independent legal entities have at least 20 various ministries and departments in particular:

The Russian Academy of Sciences
Russian Academy of Arts
Russian Academy of Education
Russian Academy of Agricultural Sciences
Moscow State University
St. Petersburg State University
Kazan State University
Tomsk Polytechnic University
Ministry of Transport of the Russian Federation
Ministry of Internal Affairs of Russia
FSB of Russia
Ministry of Communications and Mass Communications of the Russian Federation and a number of others.

Archival Fund of the Russian Federation

The Archival Fund of the Russian Federation is 233 million cases, including 42 million cases in federal archives. About 4.3% of them are materials that have a restrictive or prohibitive regime of access (in Russia as a whole, 2% of cases have such restrictions).

The structural diagram of the organization of the Archival Fund is determined by the network of federal, state and municipal archives and other institutions that store documents of the Archive Fund of the Russian Federation in a legally defined manner, as well as by the network of archives of ministries, departments, organizations, including non-governmental ones, the documents of which in the prescribed manner are classified as composition of the Archival Fund of the Russian Federation.

The most valuable part of the Archival Fund - 42.0 million storage units - is concentrated in 14 federal archives.

Over 129 million storage units are stored in 201 state archives of the constituent entities of the Russian Federation
More than 43.0 million storage units - in 2.5 thousand municipal archives.
About 2.3 million storage units are in the Archive of the Russian Academy of Sciences
Over 7 million storage units are in museums and libraries.

Every year, the volume of documents in the Archival Fund of the Russian Federation increases by an average of 1.6 million storage units.

The National Library Fund, consisting of the Legal Deposit Fund and the Book Monuments Fund.

The library system of the Russian Federation has, according to expert estimates, 130,000 libraries, falling under the jurisdiction of ministries, departments, state and municipal authorities of various levels, enterprises, organizations, institutions. The most numerous library networks:

Ministry of Education and Science of the Russian Federation - 66,000 school and more 3000 libraries of secondary specialized and higher educational institutions.
Russian Academy of Sciences - 379.
In the field of industry, transport and communications - 3500.
In the field of agriculture - 720.
In medicine and healthcare - 1500.

The Russian Ministry of Defense and other law enforcement agencies also have an extensive network of libraries.

Quantity public (public) libraries- near 49.5 thousand, including:

regional - 264 (85 universal, 35 youth, 74 children).
70 - special libraries for the blind
46.8 thousand municipal (of which 36.1 thousand are rural).

In addition, the Ministry of Culture of Russia includes a network of museum, theater libraries, libraries of departmental educational institutions, as well as a network of book chambers headed by the Russian Book Chamber, which carries out archival storage of printed publications in Russia and administers the receipt of the national free legal deposit in state libraries.

General data on the entire library network of the country are approximate, since The last all-Russian census of libraries was carried out more than 20 years ago, namely in these years the number of libraries decreased significantly, at the same time new ones appeared, and some libraries merged.

The quantitative composition of the country's library collections as of January 1, 2009 amounted to 942.1 million copies, including the fund of book monuments - 7.866 million copies(according to the All-Russian Code of Book Monuments, maintained by the Russian State Library on the basis of data provided by fund holders, the allocation of the fund of book monuments in Russian libraries is carried out on the basis of GOST 7.87-2003).