Improvement Of Legislation On Zones Of Protection Of Cultural Heritage Objects

Abstract

The article is devoted to the analysis of the relationship between the concepts of Russian protection legislation “security zone” and “protection zone” of the cultural heritage object and the category of “buffer zone” used in international law. The provisions of the 1972 World Heritage Convention and the mechanisms laid down in the current Guide to the implementation of the Convention are examined. Based on prevailing jurisprudence, gaps in the national legislation are identified that allow economic activities on the territory of monuments with violation of zones with special conditions for the use of territories. It is established that the norms of national and international legislation do not coincide in terminology, and therefore cannot guarantee real and effective procedures for the preservation of cultural heritage objects. The work uses judicial practice in cases of recognition of illegal actions of business entities on the territory of cultural heritage sites, and reveals the lack of a unified position among Russian judicial authorities regarding the mandatory compliance with the Guide to the implementation of the Convention. The bills aimed at filling the gaps in the protection legislation of Russia were examined and it was revealed that in modern conditions a more flexible approach is needed to determine prohibitions and restrictions when conducting economic activities on the territory of cultural heritage sites to ensure the rights of land owners, balance investment and tourist attractiveness of the regions, efficiency in carrying out security and repair work.