Pressing problems of protection of the archaeological heritage in Ukraine

Abstract

The article points out that one of the problems is the slow adoption of standard legal acts to counter illegal encroachments on cultural values. According to the author, the main objectives of the legislation of Ukraine on the protection of an archaeological heritage are: adjustment of public relations in protection sphere, research and preservation of the archaeological heritage; ensuring the right of citizens to know the archaeological heritage of Ukraine; providing archeologists, citizens of Ukraine, with the right to conduct archaeological research; recognition of the powers the controls bodies in the field of archaeological heritage protection; assistance to the state policy in the field of protection, research and preservation of the archaeological heritage; the definition the types of objects of an archaeological heritage; regulation of property relations concerning objects of the archaeological heritage, determination of rights and obligations of owners and users of the monuments of archeology; creation of necessary conditions for the protection of objects of an archaeological heritage; creation of the standard legal base on protection, preservation, research of the archaeological heritage; determination of criteria for using open letters and permits for conducting archaeological surveys, excavations, other excavations on the territory of an archaeological site, in protection zones, in historical areas of populated areas; legal regulation of financing of protection and research of archaeological heritage. It is proposed to urgently introduce the term “search of treasure” in the Criminal Code of Ukraine, criminal responsibility for assistance of officials of all levels to persons who seek treasures, for the of use metal detectors which are not registered in the police. The main problems in the sphere of protection cultural, in particular, archaeological heritage of Ukraine are specified as follows: the absence of inventory and allocation of monuments of archeology in kind; unexplored land where archaeological monuments are located; insufficient control over the preservation of monuments by the authorities which leads to numerous cases of their destruction; insufficiently effective coordination of the activities of the Ministry of Internal Affairs, the Security Service of Ukraine, the Prosecutor’s Office of Ukraine and cultural heritage protection agencies in matters of the shadow circulation of valuables in Ukraine as well as their export abroad; decay of agricultural land on which there is a considerable part of archeological monuments that need urgent research and a clear definition for boundaries and modes of use; lack of scientifically sound methodical recommendations foe the investigation of criminal offences in the sphere of circulation of cultural property.