Engagement of citizens and their associations in the preservation of cultural heritage

Engagement of citizens and their associations in the preservation of cultural heritage

As follows from the legislation of the CIS member states, the main role in the protection of cultural heritage sites is played by state authorities. But the participation of citizens and organizations is not excluded. At the same time, it should be recalled that many constitutions establish the duty of citizens to protect cultural and national heritage. Basically, this obligation is fixed in the form of a ban. But active participation of citizens and their associations in the preservation of historical and cultural monuments is also possible. Legislation on the protection of cultural heritage offers various options for public participation in the protection of historical and cultural monuments. The involvement of public structures can be formalized through the consolidation of their rights or through the consolidation of the obligation or ability of public authorities to cooperate with them. Thus, in the Russian Federation, public and 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, promotion and state protection of cultural heritage objects in accordance with the legislation of the Russian Federation. In accordance with the legislation of the Republic of Uzbekistan, local government bodies, within the limits of their powers, identify and carry out accounting, protection, preservation and use of cultural heritage objects located on their territory, ensure the implementation of legislation on the protection and use of cultural heritage objects, involve self-government bodies of citizens and public associations to carry out activities for their protection, preservation, promotion and use.

In some countries, such a form of public participation in the protection of cultural heritage as patronage is used. For example, in the Republic of Kazakhstan and Ukraine, it is allowed to establish patronage over historical and cultural monuments in order to ensure their safety. The Law of the Kyrgyz Republic “On the Protection and Use of Historical and Cultural Heritage” provides that the Kyrgyz Republican Society for the Protection of Historical and Cultural Monuments and its local bodies, public organizations and associations, enterprises of various forms of ownership and citizens in accordance with the legislation of the Kyrgyz Republic, as well as with their charters and regulations, assist state bodies and scientific institutions, local authorities in the protection and use of historical and cultural heritage, organize public control and patronage over the preservation and use of historical and cultural monuments, conduct explanatory and propaganda work among the population.

In Ukraine, at the legislative level, the possibility of public control over compliance with the requirements in the field of protection of historical and cultural heritage is recognized. For this, it is envisaged to establish the positions of public inspectors. In accordance with the Law of Ukraine "On the Protection of Cultural Heritage", cultural heritage protection authorities may engage, with their consent, experienced specialists in the field of cultural heritage protection, as well as citizens on the rights of public inspectors to monitor the state of storage and use of monuments, their territories and zones. protection, protected archaeological territories, historical areas of populated areas. Cultural heritage protection bodies may remunerate involved specialists and citizens as public inspectors, as well as reimburse them for expenses related to the implementation of orders for the protection of cultural heritage, at the expense of funds intended for financing the protection of cultural heritage in the manner established by the central executive authority in the field. protection of cultural heritage.

Various public associations play a great role in the protection of cultural heritage. These associations are a form of realization of the constitutional right to association, recognized in the constitutions of all states that are members of the CIS, and their activities are regulated by special laws, as a rule, these are general laws on public associations. The legislation on the protection of cultural heritage clarifies and specifies the legal capacity of these structures of civil society in relation to the subject of regulation of the relevant legislation. The legislation of the Republic of Moldova specifically regulates the activities of public funds for the protection of monuments. Mandatory state support for such funds is envisaged. State bodies for the protection of monuments have the right to provide public funds with the information required for work on monuments, programs for their conservation, restoration or repair. Public foundations, whose statutory task is the protection of monuments, enjoy the right of public control over the protection and development of monuments, as well as the development and implementation of construction and reconstruction programs in the protection zones of monuments included in the List of monuments. Public foundations have the right to: demand the suspension of conservation, restoration or repair work if they threaten the safety of monuments or damage their aesthetic, artistic and historical value, and apply to state protection authorities for the protection of monuments with documented proposals, evidence and conclusions; raise the issue of initiating a criminal case, as well as act as a plaintiff in case of a clear violation of this law; appeal against the decisions of state bodies for the protection of monuments and local executive and control bodies and apply with inquiries to the Parliament of the Republic of Moldova and the Government of the Republic of Moldova. The Law of the Republic of Moldova “On the Protection of the Archaeological Heritage” establishes similar powers for public associations carrying out activities in the field of the protection of the archaeological heritage.

The state may support the activities of public associations whose statutory goals are aimed at the protection of cultural heritage. Thus, in the Republic of Moldova, cultural programs, projects and events implemented by public associations are financed from the state budget (Decree of the Government of the Republic of Moldova of 26.01.2009 No. 39[93]). This funding is provided on a competitive basis. At the same time, applicants must confirm co-financing of the proposed programs, projects and activities. In the Russian Federation, non-profit organizations operating in the field of cultural heritage protection may be recognized in accordance with Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations”[94] as socially oriented, and their activities are supported by the state on federal and regional levels in a special order. The activities of public associations for the protection of cultural heritage can also be supported by providing them with free use of historical and cultural monuments (Russian Federation, Republic of Uzbekistan).

A number of countries have adopted the Soviet experience of creating national public associations in the field of protection of cultural heritage sites. For example, in Ukraine, the legislation singles out such a public association as the Ukrainian Society for the Protection of Historical and Cultural Monuments. This Society promotes the involvement of the general public in the protection of cultural heritage, promotes cultural heritage and legislation on its protection, public control over its conservation, use, conservation, restoration, rehabilitation, museumification and repair, promotes the work of cultural heritage protection bodies. The legislation of the Kyrgyz Republic highlights the activities of the Kyrgyz Republican Society for the Protection of Historical and Cultural Monuments.

One of the most effective forms of public participation in the protection of cultural heritage is expert activity. The fact is that the protection of cultural heritage objects requires special knowledge, therefore, the role of the expert community in ensuring this activity of the state is increasing. Mandatory expert support for the identification, study, development, rescue, protection, conservation and restoration of monuments is provided, for example, in the Republic of Moldova. To do this, state bodies for the protection of monuments are obliged to create scientific councils and commissions, consult with specialists (lawyers, museum workers, restorers), guided by the relevant conclusions when compiling the List of monuments, as well as during the subsequent inclusion of monuments in this List.

One of the varieties of public participation in the expert support of the state protection of cultural heritage sites is the involvement of state (national) academies of sciences. For example, the National Academy of Sciences of Azerbaijan organizes the identification of monuments, research work, the protection of material and cultural values ​​revealed during archaeological excavations, conducts operational research work in the areas of new buildings by permission of the relevant executive authority, participates in the registration of monuments by categories of significance, work on material and cultural conservation and restoration, organizes the promotion of monuments, prepares methodological manuals for their protection, research, restoration and conservation, gives scientific and practical advice, signs international protocols and agreements for the study of monuments and performs other duties stipulated by the legislation of the Republic of Azerbaijan. In accordance with Azerbaijani legislation, the National Academy of Sciences issues opinions on projects for conservation and other types of work on historical and cultural monuments, issues permits for archaeological work, and gives conclusions on classifying historical and cultural monuments to one category or another. In the Republic of Moldova, the creation of protective zones for immovable monuments is possible only with the participation of the Academy of Sciences of the Republic of Moldova. In the Russian Federation, the Russian Academy of Sciences participates in the issuance of open sheets giving the right to conduct archaeological excavations.

In a number of countries, specialists in the field of studying cultural heritage may be involved by state authorities in conducting historical and cultural expertise. In particular, the obligation of such an examination is established in the legislation of the Russian Federation, the Republic of Uzbekistan. In the Republic of Uzbekistan, the historical and cultural expertise of cultural heritage objects is carried out in order to justify the inclusion of a cultural heritage object in the State Cadastre of Material Cultural Heritage Objects or the List of Intangible Cultural Heritage Objects, to establish the category of a material cultural heritage object, to justify a change in the category of a material cultural heritage object, to exclude an object material cultural heritage from the State cadastre of material cultural heritage, determining the compliance of projects of zones of protection of material cultural heritage with urban planning and design documentation, as well as planned earthworks, land management, construction, reclamation, economic and other works with the requirements for the preservation of objects of material cultural heritage.

In addition to the state historical and cultural expertise, it is also allowed to conduct a public expertise on the protection of cultural and historical heritage sites. Thus, in Ukraine, independent groups of specialists, at the initiative of citizens' associations, cultural heritage protection authorities, as well as other executive authorities and local governments, at their own expense or on a voluntary basis, can carry out public expertise on cultural heritage protection issues. The conclusions of this examination can be taken into account by the executive authorities and local governments when making appropriate decisions in accordance with the law.

At the legislative level, it may also provide for the creation of various advisory, coordinating and expert structures under state authorities that protect cultural heritage. In accordance with the Law of Ukraine "On the protection of cultural heritage" to consider scientific recommendations and proposals for the development of the main directions for the development of the protection of cultural heritage, discuss the most important programs, projects on the protection of cultural heritage, the central executive body in the field of protection of cultural heritage, the body for the protection of cultural heritage The Council of Ministers of the Autonomous Republic of Crimea creates scientific and methodological councils of leading scientists and highly qualified practitioners. The composition of scientific and methodological councils and regulations on them are approved by the central executive body in the field of cultural heritage protection and the body for the protection of cultural heritage of the Council of Ministers of the Autonomous Republic of Crimea, respectively.