Legislation

Convention for the Protection of Cultural Property in the Event of Armed Conflict

The first universal international agreement, bringing together legal norms provid-ing for the protection of cultural heritage on a global scale. The convention pro-vides the definition of the object of international protection (cultural property, movable or immovable, irrespective of origin and owner, which are of great im-portance to the cultural heritage of every people, such as monuments of architec-ture, history and art, whether religious or secular, archaeological sites, manu-scripts, archives, collections, museums, libraries, etc., as well as centers contain-ing such property). The Convention states that damage to cultural property be-longing to any people whatsoever means damage to the cultural heritage of all humanity, since each ethnic group makes its contribution to the culture of the world. The protection of cultural property comprises safeguarding and respecting it. According to the Convention, the contracting parties undertake to respect cul-tural property situated within their own territory and within the territory of other countries. It is prohibited to use such property, the appliances in use for its pro-tection and its immediate surroundings, which may expose cultural property to destruction or damage in the event of armed conflict. Any act of hostility directed against such property is inadmissible. The parties undertake to prohibit, prevent and put a stop to theft, pillage in any form and various acts of vandalism. Per-sons guilty of violating the Convention must be held criminally liable. The con-vention established a two-color (blue and white) identification mark to indicate cultural property that is under protection.

First Protocol (The Hague, May 14, 1954) to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict

The protocol prohibits the exportation of cultural property from occupied territories and obliges the parties to return it, if such property was illegally removed, at the close of hostilities.

Second Protocol (The Hague, March 26, 1999) to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict

The Protocol prohibits and prevents in relation to the occupied territory:

a) any illicit export, other removal or transfer of ownership of cultural property;

b) any archaeological excavation, save where this is strictly required to safeguard, record or preserve cultural property;

c) any alteration to or change of use of, cultural property, which is intended to con-ceal or destroy cultural, historical or scientific evidence.

Any archaeological excavation of, alteration to, or change of use of, cultural property in occupied territory shall, unless circumstances do not permit, be car-ried out in close cooperation with the competent national authorities of the occu-pied territory.

Hague Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land

https://zakon.rada.gov.ua/laws/show/995_222

Geneva Convention (IV) Relative to the Protection of the Civilian Persons in Time of War

https://zakon.rada.gov.ua/laws/show/995_154

Convention Concerning the Protection of World Cultural and Natural Herit-age

The convention consists of a preamble, 8 chapters and 38 articles. The preamble emphasizes that deterioration or disappearance of any item of the cultural or natural heritage constitutes a harmful impoverishment of the heritage of all the nations of the world, that protection of this heritage at the national level often remains incomplete because of the scale of the resources which it requires and of the insufficient economic, scientific, and technological resources.

The duty of ensuring the identification, protection, conservation, presentation and transmission to future generations of the cultural and natural heritage situat-ed on the territory of a certain state, belongs primarily to that state. In order to implement this provision, the state "will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co-operation,” including financial, scientific, technical and artistic (Article 4). In-ternational protection in the Convention means “the establishment of a system of international co- operation and assistance designed to support States Parties to the Convention in their efforts to conserve and identify that heritage” (Article 7). On the basis of the provisions of the Convention, the Intergovernmental Commit-tee for the Protection of the Cultural and Natural Heritage was established (Arti-cle 8), which, at the request of states, compiles, renews and publishes the “World Heritage List” and the “List of World Heritage in Danger” (Article 11). The inclu-sion of a monument in one of these lists is the basis for providing it with interna-tional assistance from states and international organizations, coordinated by UNESCO. According to Article 15 of the Convention, the “World Heritage Fund” was established, which accumulates funds for the implementation of programs for the protection of world heritage. Owing to the establishment of the committee and the fund, a permanent legal, administrative and financial structure of global international cooperation for the protection of the most significant objects of cul-ture, nature and natural heritage took shape. Any state party to the Convention may request international assistance (articles 19–29), which is considered the cause of all humankind, regardless of which state the monument belongs to.

https://zakon.rada.gov.ua/laws/show/995_089

Convention on the Protection of the Underwater Cultural Heritage

The subject of legal regulation are all traces of human existence having a cultural, historical or archaeological character, which have been partially or totally under water, periodically or continuously under water for at least 100 years (sites, structures, buildings, artifacts and human remains, together with their archaeo-logical and natural context; vessels, aircraft, other vehicles or any part thereof, their cargo or other contents, together with their archaeological and natural con-text; objects of prehistoric character).

https://zakon.rada.gov.ua/laws/show/995_c52

Convention for the Safeguarding of the Intangible Cultural Heritage

The main purposes of the Convention are:

- to safeguard the intangible cultural heritage;

- to ensure respect for the intangible cultural heritage of the communities, groups and individuals concerned;

- to raise awareness at the local, national and international levels of the im-portance of the intangible cultural heritage, and of ensuring mutual appre-ciation thereof;

- to provide for international cooperation and assistance.

The main provisions of the Convention envisage close cooperation with the bear-ers of intangible cultural heritage – groups, communities and individuals who practice this heritage – and an emphasis on living heritage and its protection through transmission from generation to generation. According to the Conven-tion, the most important thing is to ensure optimal conditions for the upbringing and transmission of heritage to future generations through formal and non-formal education.

https://zakon2.rada.gov.ua/laws/show/995_d69?fbclid=IwAR3vTFdd0PtExwQyI7h9ujRvtlz0CZYFJ6X44lRSi6v08vuck4erDwW4twk

Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property

Of conceptual importance is Article 13(d) of the Convention, which forms the basis of the legal regime for cultural property. In accordance with this article, the states parties to this Convention undertook to recognize the indefeasible right of each State Party to this Convention to classify and declare certain cultural prop-erty as inalienable which should therefore ipso facto not be exported. These are the subject of special international protection. The Convention deals with the protection of cultural property designated by the countries themselves, which are of great importance for archeology, prehistory, history, literature and art. The import, export and transfer of ownership of cultural property, committed in vio-lation of the rules adopted by the states parties in accordance with this Conven-tion, are deemed illegal

https://en.unesco.org/about-us/legal-affairs/convention-means-prohibiting-and-preventing-illicit-import-export-and

European Cultural Convention

The norms of the Convention are aimed at improving the statutory provisions of the activities of the United Nations Educational, Scientific and Cultural Organiza-tion (UNESCO) in relation to European countries.

https://zakon.rada.gov.ua/laws/show/994_213

European Landscape Convention

The purpose of the Convention is to promote the processes of landscape protec-tion, management and planning, and to organize European cooperation on land-scape protection. The Convention defines measures aimed at preventing negative impact on landscapes.

https://zakon.rada.gov.ua/laws/show/994_154

European Convention on the Protection of the Archaeological Heritage

The Convention consists of a preamble and 18 articles and is aimed at settling relations in the area of archeological heritage protection in Europe. Archaeologi-cal heritage is defined as comprising both immovable and movable objects: “structures, constructions, groups of buildings, developed sites, moveable objects, monuments of other kinds as well as their context, whether situated on land or under water” (paragraph 3 of Article 1). The states parties are tasked with providing national and international exchange of elements of the archaeolog-ical heritage for professional scientific purposes (paragraph 1 of Article 8) and preventing the illicit circulation of elements of archeological heritage (Articles 10, 11). The Convention defines domestic protection measures (Articles 3–5), re-quirements regarding their financing (Article 6), pays attention to the training of specialists, dissemination of scientific information, promoting public awareness about this problem (Articles 7, 9). Taking into account the specificity of archeo-logical heritage, which consists in the fact that the vast majority of its objects are hidden under the soil layer or under water, appropriate requirements for its pro-tection are provided. These are, in particular: application of the excavation su-pervision procedure (paragraph 1 of Article 3); providing special permits for ex-cavations only to qualified specialists (paragraphs 1, 2 of Article 3); control over the use of metal detectors and other detection equipment (paragraph 3 of Article 3); preventing any illicit excavation (part “a” of paragraph 1 of article 3). At the same time, excavations are recognized as a “potentially destructive” research method since its use implies that the object dies as a monument, instead remain-ing in the form of separate material remains in museum or scientific collections, as well as descriptions, drawings, photographs and scientific reports. Thus, the priority types of protection are the creation of archaeological reserves (paragraph 2 of Article 2), conservation and maintenance of the archaeological heritage, pref-erably in situ, i.e. immovably in its place (paragraph 2 of Article 4; paragraph 4 of Article 5). Each party, at its own discretion, establishes and provides imple-mentation mechanisms for a certain set of domestic measures for the protection and preservation of archeological heritage under its jurisdiction. The Convention stipulates measures to be implemented in the internal legislation of the states par-ties, aimed at creating a unified regime for the protection and research of archeo-logical heritage in countries that are members of the Council of Europe. Measures of international cooperation are envisaged (Article 12), with each party undertak-ing to “inform the competent authorities in the State of origin which is a Party to this Convention of any offer suspected of coming either from illicit excavations or unlawfully from official excavations” (paragraph 2 of Article 10). A reserva-tion is made: “Nothing in this (revised) Convention shall affect existing or future bilateral or multilateral treaties between Parties, concerning the illicit circulation of elements of the archaeological heritage or their restitution to the rightful own-er” (Article 11). In other words, European Convention on the Protection of the Archaeological Heritage (revised in 1992) in interstate relations does not deal with ownership issues regarding elements of archaeological heritage, even illegal-ly removed ones, and mainly concerns international cooperation in this field on the basis of mutual exchange of information and leaves a wide space for the ap-plication of norms of other special acts.

The supervision of compliance with the provisions of the European Convention on the Protection of the Archaeological Heritage (revised in 1992) is entrusted to the committee of experts, set up by the Committee of Ministers of the Council of Europe in conformity with the provisions of Article 17 of the Statute of this or-ganization. The committee of experts periodically reports to the Committee of Ministers on the situation of archaeological heritage protection policies in the States Parties, on the implementation of the principles embodied in the (revised) Convention, as well as on its own activities; propose measures to the Committee of Ministers of the Council of Europe for the implementation of the (revised) Convention's provisions; makes recommendations regarding invitations to States which are not members of the Council of Europe to accede to the Convention (Article 13).

https://zakon.rada.gov.ua/laws/show/994_150

Convention for the Protection of the Architectural Heritage of Europe

The Convention consists of 27 articles and interprets architectural heritage as ex-clusively material. Its norms apply to immovable objects (real estate), which, ac-cording to Art. 1, comprises the following: monuments (paragraph 1), groups of buildings (paragraph 2), sites (paragraph 3) of historical, archeological, artistic, scientific, technical or social interest.

The Convention outlines the minimal requirements to the parties regarding the identification of objects subject to protection and the compilation of relevant lists (Article 2), internal protection procedures (Articles 3–5, 7, 8) and requirements for their financing (Article 6). The Convention also sets out obligations of the parties to apply sanctions in case of violation of the law protecting architectural heritage (Article 9) and implement an integrated policy regarding its conservation (Articles 10–13); the principle of cooperation of state and non-state structures in this area (Article 14). Attention is paid to the training of specialists, the dissemi-nation of science, information, and developing public awareness (Articles 15, 16).

Each party at its own discretion establishes and implements a complex of inter-nal measures for the protection and preservation of the architectural heritage un-der its jurisdiction. Measures provided for by the Convention, to be implemented in the internal legislation of the states parties, are aimed at creating a unified re-gime for the protection and research of architectural heritage in the states mem-bers of the Council of Europe.

The supervision of compliance with the provisions of the Convention is entrust-ed to the Committee of Experts, which is formed by the Committee of Ministers of the Council of Europe in accordance with the provisions of the Statute of the Council of Europe (Article 17). The Committee of Experts periodically reports to the Council of Ministers on the activities of the states parties in this area, on the implementation of the principles of the Convention, as well as on its own activi-ties, proposes measures for the implementation of the provisions of the Conven-tion, makes recommendations regarding invitations to States which are not mem-bers of the Council of Europe to accede to the Convention (Article 20).

https://zakon.rada.gov.ua/laws/show/994_226

Constitution of Ukraine

Codes:

Land Code of Ukraine

(Lands of historical and cultural purpose)

Civil Code of Ukraine

(Articles 13-2, 343, 346-1.5, 352, 576-4)

Code of Ukraine on Administrative Offenses

(Part 7)

Criminal Code of Ukraine

(Articles 193, 201, 298, 438)

Laws of Ukraine:

On Protection of Cultural Heritage

This Law regulates legal, organizational and socioeconomic relations in the field of cultural heritage protection for the purpose of its preservation, use of cultural heritage objects in public life and protection of the traditional nature of the environment in the interests of current and future generations. Objects of cultural heritage located in the territory of Ukraine, within its territorial sea and contiguous zone, are protected by the state. Protection of cultural heritage objects is one of the priority tasks of the state authorities and local self-government bodies.

On Protection of Archaeological Heritage

This Law regulates relations concerning the protection of the archaeological heritage of Ukraine – an integral part of the cultural heritage of humankind, a vulnerable and non-renewable source of knowledge about the historical past – whilst also defining the rights and obligations of researchers of the archaeological heritage.

On the List of Cultural Heritage Monuments not Subject to Privatization

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On Museums and Museum Affairs

This Law regulates public relations in the field of museum affairs, defines the legal, economic and social principles of the creation and operation of museums of Ukraine and the peculiarities of scientific formation, study, inventory, storage, protection and use of the Museum Fund of Ukraine, as well as its legal status.

This Law applies to all types of museums and preserves in terms of their museification; inventory, storage and use, protection, preservation and restoration of museum items, museum collections and items of museum importance

On Exportation, Importation and Restitution of Cultural Property

This Law regulates relations related to the exportation, importation and restitution of cultural property, and is aimed at protecting the national cultural heritage and the development of Ukraine’s international cooperation in the realm of culture. This Law does not apply to modern souvenirs or serial and mass-produced objects of cultural purpose.

On the National Archival Fund and Archival Institutions

This Law regulates relations related to the formation, inventory, storage and use of the National Archival Fund and other basic archival matters.

On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine

The Law lays the foundations of the humanitarian, social and economic policy of the state of Ukraine with respect to the population of the temporarily occupied territory of Ukraine.

Resolution of the Cabinet of Ministers of Ukraine of August 25, 1998 No. 1340

On the procedure for inventory, storage, assessment of confiscated and other property transferred to state ownership, and its disposal

Resolution of the Cabinet of Ministers of Ukraine dated February 2, 2000 No. 209

On the approval of the list of museums that store museum collections and museum items that are state property and belong to the state part of the Museum Fund of Ukraine

Resolution of the Cabinet of Ministers of Ukraine dated November 29, 2000 No. 1766

On the approval of the list of museums administered by enterprises, institutions and organizations where state-owned museum collections and museum items are stored that belong to the state part of the Museum Fund of Ukraine

Resolution of the Cabinet of Ministers of Ukraine of July 20, 2000 No. 1147

On the approval of the Regulation on the Museum Fund of Ukraine

Order of the Ministry of Culture of Ukraine dated July 21, 2016 No. 580

On the approval of the Instructions for the organization of inventory of museum items. Registered in the Ministry of Justice of Ukraine on August 12, 2016 No. 1129/29259

Resolution of the Cabinet of Ministers of Ukraine of June 20, 2000 No. 984

On the approval of the sample certificate for the right to export (temporary export) cultural property from the territory of Ukraine

Order of the Ministry of Culture of Ukraine dated April 22, 2002 No. 258

On the approval of the Instruction on the procedure for the registration of the right to export, temporary export cultural property and control its movement across the state border of Ukraine. Registered in the Ministry of Justice of Ukraine on July 9, 2002 No. 571/6859

Resolution of the Cabinet of Ministers of Ukraine of March 13, 2002 No. 316

On the approval of the Procedure for issuing permits for conducting archaeological surveys, excavations and other earthworks in the territory of sites, protected archaeological areas, in protection zones, in historical areas of inhabited places, as well as research of the remains of human activity under the Earth's surface and under water in the territory of Ukraine

Resolution of the Cabinet of Ministers of Ukraine of December 28, 2001 No. 1768

On the approval of the Procedure for concluding protection contracts for cultural heritage sites

Resolution of the Cabinet of Ministers of Ukraine of March 13, 2002 No. 318

On the approval of the Procedure for determining the boundaries and regimes of the use of historical areas of inhabited places and restrictions on economic activity in the territory of historical areas of inhabited places

Resolution of the Cabinet of Ministers of Ukraine dated September 26, 2002 No. 1447

On the approval of the Methodology of monetary valuation of monuments

Resolution of the Cabinet of Ministers of Ukraine dated September 26, 2003 No. 1343

On the approval of the Procedure for conducting state examination of cultural property and the amount of payment for its conduct

Resolution of the Cabinet of Ministers of Ukraine of December 21, 2005 No. 1255

On the approval of the Procedure for the transfer of scientific documentation regarding research of archaeological heritage