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03 Features of monument protection legislation of the republic of Estonia full article
doi.org/10.31073/istnauka202003-03
Kharkovenko R.
Pages: 49–71
Summary

Cultural heritage is the history, culture, art and traditions of mankind. We do not own cultural heritage monuments. The task of our generation: to pass on the preserved cultural heritage from the hands of the past generation to the hands of the future generation.

In our opinion, it is very important to study and research the cultural heritage of mankind without losing the national features of each country, because the latter have their own personal vision for the discovery, study, research, accounting, protection, preservation and use of monuments. In this context, the experience of the monument protection legislation of the Republic of Estonia is interesting.

The Law of the Republic of Estonia «On the Protection of Antiquities» dated 27 February 2002 (as amended on 20 December 2007), declared by the Decree of the President of the Republic of Estonia dated 12 March 2002 No. 120, regulates the rights and obligations of state and local self-government bodies, as well as owners of monuments at regulation of protection of cultural heritage monuments and territories of protection of monuments and at maintenance of preservation of cultural heritage monuments and territories of monuments protection.

The protection of cultural heritage monuments is regulated by the Ministry of Culture of the Republic of Estonia, the Department for the Protection of Antiquities, as well as town and city councils. The main task of the Department for the Protection of Antiquities is to organize work on the monuments protection, state supervision of cultural heritage monuments and protected areas, as well as maintaining the State Register of Cultural Monuments.

A special proper place in the field of the cultural heritage protection of the Republic of Estonia belongs to the Council for the Protection of Antiquities, which makes proposals and presents its opinion on all issues arising from the above law. The opinion of this council is a recommendation basis for the Department for the Protection of Antiquities and local self-government bodies in planning the work on the protection of cultural heritage monuments and the development of principles for the monuments protection.

Regarding the registration of cultural heritage monuments, it should be noted that the data on the monument are entered in the State Register of Cultural Monuments, which is established and approved by the Government of the Republic of Estonia in accordance with the Law of the Republic of Estonia «On Public Information». The location and protection zone of cultural heritage monuments are entered in the State Land Cadastre.

From the above it can be concluded that in the Republic of Estonia the monument protection legislation is quite effective. The mechanism of the state supervision over execution of the Law and the requirements established on its basis carried out by Department for the Protection of Antiquities is especially harmoniously worked out.

In our opinion, Ukraine could also borrow Estonian experience in the field of cultural heritage protection in this area. After all, as the Ukrainian monument protection experience shows, having a good legal framework in this area, the process of protection and preservation of monuments slows down the implementation of legal norms. That is, the legislation in the field of cultural heritage protection of Ukraine, although prescribed at a high enough level, but its effective implementation still needs a lot of work.

Keywords
cultural heritage protection, a cultural heritage object, a monument
References
  1. Law of the Republic of Estonia «On the Protection of Antiquities» of 27.02.2002 (as amended on 20.12.2007). [in Estonian].
  2. Current archive of the Ministry of Culture and Information Policy of Ukraine. [in Ukrainian].
  3. Legislation and official regulations. [in Estonian].
  4. Information and analytical materials posted on the Internet.
  5. Law of the Republic of Estonia «On Public Information». [in Estonian].
  6. Boguslavsky M. M. (2012). Cultural values in international turnover: legal aspects. Moscow: Norma Publishing House, 2012, 425 p. [in Russian].
  7. Galenskaya L. N. (2008). Muses and law. Leningrad, 2008, 188 p. [in Russian].
  8. Magazinschikova I. P. (2004). Cultural heritage of mankind: Preservation and use: a textbook. Lviv, 2004, 267 p. [in Ukrainian].
  9. Utko E. V., Shumikhina O. V. (2011). Treasures of mankind. All 962 UNESCO World Heritage Sites. Moscow: Exmo, 2011, 208 p. [in Russian].
  10. Law of the Republic of Estonia «On Substitution and Penalties». [in Estonian].
  11. Penitentiary Code of the Republic of Estonia. [in Estonian].
  12. Delicate Procedure Code of the Republic of Estonia. [in Estonian].
  13. Kharkovenko R. V. (2017). Scientific and methodological aspects of the system of accounting for cultural heritage monuments. Proceedings of the Center for Monument Studies. Vip. 31. Kyiv: Center for Monument Studies of the National Academy of Sciences of Ukraine and the Ukrainian Society for the Protection of Historical and Cultural Monuments, 2017. P. 29–36. [in Ukrainian].
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