Publication date: 08.07.2024
Legal regulation of cultural heritage protection
The protection of cultural heritage is an important aspect of preserving the history, culture and identity of nations. In Ukraine, legal regulation of cultural heritage protection is carried out through a system of laws, regulations and international agreements. In this article, we will consider the main aspects of legal regulation of cultural heritage protection, principles and mechanisms of its protection, as well as challenges and prospects for the development of this area.
International legal regulation
Convention concerning the Protection of the World Cultural and Natural Heritage of 1972
One of the most important international documents in the field of cultural heritage protection is the Convention concerning the Protection of the World Cultural and Natural Heritage of 1972, adopted under the auspices of UNESCO. This convention defines the concept of cultural and natural heritage, defines the mechanisms of protection and the obligations of States Parties to preserve the sites included in the World Heritage List.
Convention for the Safeguarding of the Intangible Cultural Heritage 2003
The 2003 Convention for the Safeguarding of the Intangible Cultural Heritage, also adopted under the auspices of UNESCO, aims to preserve traditions, customs, rituals, oral traditions and other forms of intangible cultural heritage. The Convention provides for measures to preserve, document and promote intangible cultural heritage.
Other international agreements and programs
Other international documents regulating the protection of cultural heritage include:
- The Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970.
- The Convention on the Protection of the Archaeological Heritage of Europe of 1992.
- The European Cultural Convention of 1954.
National legal regulation
In Ukraine, legal regulation of cultural heritage protection is based on international obligations and national legislation. The main legal acts are:
- TheLaw of Ukraine "On the Protection of Cultural Heritage " is the main law defining the legal, economic and organizational framework for the protection of cultural heritage.
- TheLaw of Ukraine "On Culture" - regulates general issues of cultural development and protection of cultural heritage.
- TheLaw of Ukraine "On Protection of Archaeological Heritage " defines the legal framework for the protection, research and use of archaeological heritage.
- TheLaw of Ukraine "On Museums and Museum Affairs " regulates the establishment, operation and protection of museums.
- Code of Ukraine on Administrative Offenses - provides for administrative liability for violations of legislation in the field of cultural heritage protection.
Principles of cultural heritage protection
Inviolability
The principle of inviolability prohibits any actions that may lead to the destruction, damage or loss of cultural heritage sites. This includes the prohibition of construction, excavation and other works without a permit.
State control
State control over the protection of cultural heritage is exercised by authorized bodies, such as the Ministry of Culture and Information Policy of Ukraine, local authorities and other state institutions. Control includes inspections, monitoring of the condition of objects, issuance of permits and licenses.
Responsibility for preservation
Owners and users of cultural heritage sites are responsible for their preservation. This includes the obligation to keep the sites in good condition, carry out necessary repairs and restoration work, and comply with legal requirements.
Accessibility and popularization
The principle of accessibility and popularization involves ensuring public access to cultural heritage sites, conducting excursions, exhibitions, educational programs and other activities aimed at popularizing cultural heritage.
Mechanisms of cultural heritage protection
Restoration and conservation
Restoration and conservation of cultural heritage sites are important mechanisms for their protection. Restoration involves the restoration of objects to their original appearance, while conservation involves the prevention of further destruction and preservation of the existing state.
Registration of cultural heritage sites
One of the main mechanisms for protecting cultural heritage is the registration of objects in the state register. Registration involves documenting objects, classifying them, describing them, and determining their legal status. Registered objects receive the status of monuments, which provides them with additional legal protection.
Zoning and protection zones
The establishment of protection zones around cultural heritage sites is another important mechanism for their protection. Protection zones provide for restrictions on construction and other works that may adversely affect the condition of the objects.
Licensing of activities
Licensing of activities in the field of cultural heritage protection involves the issuance of permits for archaeological excavations, restoration works, scientific research and other activities related to cultural heritage sites. Licensing is carried out by authorized state bodies.
International cooperation
International cooperation in the field of cultural heritage protection is an important mechanism for its preservation. This includes participation in international programs, exchange of experience, involvement of international experts, and financing of cultural heritage protection projects.
Challenges in the field of cultural heritage protection
Lack of funding
One of the main challenges in the field of cultural heritage protection is the lack of funding. Many sites require significant funds for restoration, conservation, and maintenance. Lack of financial resources can lead to the destruction and loss of cultural heritage sites.
Illegal actions
Illegal actions, such as illegal archaeological excavations, export of cultural property, and destruction of cultural heritage sites, are a serious problem. Legislative measures, strengthening of control and public involvement in the protection of cultural heritage help to combat such actions.
Lack of awareness
Lack of public awareness of the importance of cultural heritage protection can lead to underestimation of the significance of sites and their destruction. Raising awareness, conducting educational programs, and popularizing cultural heritage are important measures to preserve historical and cultural values.
Lack of qualified professionals
The lack of qualified specialists in the field of cultural heritage protection is another challenge. Training and professional development of specialists, involvement of international experts, and research will help to solve this problem.
Prospects for the development of cultural heritage protection
Innovative technologies
The use of innovative technologies, such as 3D scanning, virtual reality, and modern methods of restoration and conservation, allows for more effective protection and restoration of cultural heritage sites. Innovative technologies also contribute to the popularization of cultural heritage through the creation of virtual tours, interactive expositions, and other forms of presentation.
International grants and projects
Attracting international grants and participating in international projects are important sources of funding for cultural heritage protection. International organizations, such as UNESCO, the European Union, the Getty Foundation, and others, provide financial support for the implementation of projects for the restoration, conservation, and promotion of cultural heritage.
Partnership with the private sector
Partnership with the private sector is a promising area for the development of cultural heritage protection. Private companies can provide financial support, invest in restoration projects, and participate in the creation of museums, cultural centers, and other facilities. Partnership with the private sector helps to increase the effectiveness of cultural heritage protection and attract additional resources.
Educational programs and awareness raising
Holding educational programs, seminars, conferences, and exhibitions to raise public awareness of the importance of cultural heritage protection is an important area. Involvement of young people, school and student groups in cultural heritage protection programs will help to foster a responsible attitude towards historical and cultural values.
Conclusions.
The protection of cultural heritage is an important task for any state, contributing to the preservation of the nation's history, culture and identity. The legal regulation of cultural heritage protection in Ukraine includes a system of laws, regulations and international agreements that ensure the preservation, restoration and popularization of cultural heritage sites. The use of innovative technologies, attraction of international grants, partnership with the private sector, and educational programs are promising areas for the development of cultural heritage protection. Overcoming challenges, such as lack of funding, illegal actions, lack of awareness and lack of qualified professionals, will help to increase the effectiveness of cultural heritage protection in Ukraine.
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