Частноправовые аспекты понятия «реконструкция» объектов культурного наследия

Abstract

Introduction. The relevance of the topic is explained by the lack of a unified approach in law enforcement practice and doctrine to the correlation of special norms on the protection of cultural heritage objects with the general norms of urban planning legislation in terms of the concept of «reconstruction». Legal uncertainty in this matter has an impact on a wide range of legal relations in the field of contractual, housing, urban planning and other branches of law. Materials and methods. The research was based on normative legal acts, law enforcement practice of courts, scientific articles on the issue under study. The methodological basis of the research consists of both general scientific methods and special legal methods of cognition. Analysis. The conducted research revealed the absence in the legislation of the Russian Federation of such a measure for the preservation of cultural heritage objects as reconstruction, the impossibility of applying the concept of «reconstruction» defined by other legal norms in relation to these objects. Results. In the course of the study, new scientific results were obtained. The author’s version of the concept of «reconstruction» and the corresponding clarifications and amendments to the legislation of the Russian Federation are proposed.