FEDERAL LAW OF THE RUSSIAN FEDERATION

of October 22, 2014 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

Accepted by the State Duma on October 10, 2014

Approved by the Federation Council on October 15, 2014

Article 1

Bring in the Federal Law of June 25, 2002 No. 73-FZ "About objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation" (The Russian Federation Code, 2002, No. 26, Art. 2519; 2003, No. 9, Art. 805; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 25; No. 23, Art. 2203; 2006, No. 1, Art. 10; No. 52, Art. 5498; 2007, No. 1, Art. 21; No. 27, Art. 3213; No. 43, Art. 5084; No. 46, Art. 5554; 2008, No. 20, Art. 2251; No. 29, Art. 3418; No. 30, Art. 3616; 2010, No. 43, Art. 5450; No. 49, Art. 6424; 2011, No. 30, Art. 4563; No. 47, Art. 6606; No. 49, Art. 7015, 7026; 2012, No. 31, Art. 4322; No. 47, Art. 6390; 2013, No. 17, Art. 2030; No. 19, Art. 2331; No. 30, Art. 4078) following changes:

1) in Article 3:

a) in part one after words" (including objects of archaeological heritage)" to add with the words "and other objects", shall be replaced with words the words "with related" "with historically related territories,";

b) in part five:

in the paragraph the second words ": shall be replaced with words churches, belltowers, chapels, churches, Lutheran churches, the mosques, Buddhist temples, pagodas, synagogues, meeting-houses and other objects constructed for church services" ", 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";

word in paragraph three" (temple complexes, datsans, monasteries, farmsteads)" to exclude;

word in paragraph four of "the place of existing of national art crafts" shall be replaced with words "places of traditional existing of national art crafts", to add with words "; places of burials of the victims of mass repressions; religious and historical places";

c) add with part six of the following content:

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

To add 2) with Article 3.1 of the following content:

"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 "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 text and graphical descriptions 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 state inventory of real estate objects.

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 considered in the State Immovable Property Cadastre in accordance with the legislation of the Russian Federation about the State Immovable Property Cadastre. Absence in the State Immovable Property Cadastre 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.";

To add 3) with Article 5.1 of the following content:

"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 federal executive body, the representative in the field of state registration of the rights to real estate and transactions with it, the state cadastral registration of real estate, maintaining the State Immovable Property Cadastre (further - body of the cadastral registration).

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 to state 4) in the following edition:

"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.";

5) in Article 7:

a) in Item 1 the word "safety" shall be replaced with words "ensuring safety";

b) in Item 2 of the word "Item 3 of Article 52" shall be replaced with words "Article 47.4";

6) in Article 8 of the word "has the right to render assistance to federal executive body, specially authorized in the field of the state protection of objects of cultural heritage" shall be replaced with words "has the right to help public authorities and local government bodies";

Article 9 to state 7) in the following edition:

"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;

11) decision making about inclusion of 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 as object of cultural heritage of federal importance or about refusal in inclusion of object of cultural heritage in the specified register, about change of category of historical and cultural value of object of cultural heritage in cases and procedure, stipulated in Item 1 article 22 of this Federal Law, about exception of object of cultural heritage of the specified register, about movement of object of cultural heritage or about reconstruction of the lost object of cultural heritage at the expense of means of the federal budget;

12) establishment of procedure for the organization and implementation of federal state supervision of condition, content, preserving, use, promoting and the state protection of objects of cultural heritage of federal importance (further - federal state supervision in the field of protection of objects of cultural heritage);

13) implementation of federal state supervision in the field of protection of objects of cultural heritage concerning separate objects of cultural heritage of federal importance which list is established by the Government of the Russian Federation;

14) reference of objects of cultural heritage to especially valuable objects of cultural heritage of the people of the Russian Federation;

15) forming of the list not of the objects of cultural heritage which are subject to alienation being in federal property;

16) approval of borders of zones of protection of the objects of cultural heritage carried to especially valuable objects of cultural heritage of the people of the Russian Federation, the objects of cultural heritage included in the List of the world heritage, specific modes of use of lands in borders of the territories of these zones and requirements to town-planning regulations in borders of the territories of these zones;

17) reference of objects of cultural heritage to historical and cultural reserves of federal importance;

18) establishment of procedure for conducting the state historical and cultural examination;

19) implementation of international cooperation by the Russian Federation in the field of protection of objects of cultural heritage;

20) the conclusion and the organization of accomplishment of international treaties of the Russian Federation in the field of protection of objects of cultural heritage;

21) establishment of procedure for carrying out the statistical recording in the field of protection of objects of cultural heritage;

22) establishment of procedure for use of information containing in the unified state register of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation during the forming of other state registers and preparation of regulatory legal acts;

23) scientific and methodical providing in the field of preserving and use of objects of cultural heritage, establishment of bases of scientific and methodical providing in the field of the state protection and promoting of objects of cultural heritage;

24) determination of procedure for the organization of the historical and cultural reserve of federal importance;

25) establishment of procedure for determination of the amount of payment of the state historical and cultural examination of objects of cultural heritage of federal importance;

26) establishment of requirements to preserving separate objects of cultural heritage of federal importance which list affirms the Government of the Russian Federation, requirements to content and use of the specified objects of cultural heritage according to item 4 of article 47.3 of this Federal Law and requirements to ensuring access to the specified objects of cultural heritage, preparation and approval of the security obligation on object of cultural heritage according to Item 7 of article 47.6 of this Federal Law;

27) participation in preparation and distribution of the annual state report on culture condition in the Russian Federation regarding information on condition and the state protection of objects of cultural heritage;

28) implementation of licensing of activities for preserving objects of cultural heritage (historical and cultural monuments) the people of the Russian Federation according to the procedure, established by the legislation of the Russian Federation;

29) establishment of procedure for certification of specialists in the field of preserving objects of cultural heritage (except for rescue archaeological field operations), in the field of restoration of other cultural values, certification of specialists according to such procedure;

30) issue of permissions (open sheets) to work on identification and studying of objects of archaeological heritage;

31) approval of the list of the historical settlements having special value for history and culture of the Russian Federation (further - historical settlements of federal importance), subject of protection of the historical settlement of federal importance, borders of the territory of the historical settlement of federal importance;

32) approval of drafts of master plans, drafts of rules of land use and the building prepared in relation to the territories of historical settlements of federal importance;

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