ВИЗНАЧЕННЯ ЗОН ОХОРОНИ ДЛЯ РІЗНИХ ТИПІВ ПАМ’ЯТОК ТА ОБ’ЄКТІВ КУЛЬТУРНОЇ СПАДЩИНИ

Abstract

Only part of the historical heritage that has a legal status as a "monument", is on the protection of the Ukrainian state. Because now the process of creating a national geospatial database is underway in Ukraine, it is necessary to determine the actual protection zones for all these monuments. The method of determining protection zones for cultural monuments, which is enshrined in Ukrainian law now, doesn't include all types of monuments. It applies only to architectural monuments, including separate buildings and ensembles. After the repeal of the decree that applied to all types of monuments in 2002, the method of determining protection zones for the historical monuments, archeological monuments, objects of monumental art, objects of science and technology, historical landscapes, and historical gardens isn't defined. It is recommended to expand the range of the protected architectural heritage by including in protection zones all objects of valuable historical buildings in the historical cities. Thus, it is proposed to link the protection zones not only with separate monuments and ensembles but also with the most valuable areas of historic cities. In order not to provoke subjectivity and misusage, it is necessary to fix in the legal field the method of defining protection zones for those types of monuments that are not currently described. There is a possibility to partly use old practice when the protection zones define as a circle around the base point of the monuments. It can use for single small objects which sizes aren't more than 3х3 m. But for all other objects, the protection zones should be defined around the territory of the monuments. They should consider the specific requirements for the preservation of specific types of monuments, such as the possible boundaries of mass graves that cannot be established visually, or the possible shifting of land layers when establishing the boundaries of archaeological sites. It is also necessary to consider the conditions of the visual perception of the monuments, which depend on the environment in which these monuments are located. A separate legal issue is to define protection zones for monuments that have been included in the protection lists before the setting of modern rules for the description of cultural heritage sites. The methodology for defining protection zones should take into account the existence of such errors in the descriptions and clearly define the procedure at these rates.