The classification of lands of historical and cultural
Earth Ukraine, pertaining to lands of historical and cultural destination, defined Art. 1953 Land Code.
Thus, in the land of historical and cultural destination include the land on which are located:
historical and cultural reserves, reserve museums, memorial parks, memorial (civilian and military) cemetery, graves, historical or memorial estate, houses, buildings, facilities and memorable places associated with historical events
settlements, burial mounds, ancient burial places, memorial statues and megaliths, rock paintings, ancient field of battle, the remains of fortresses, military camps, settlements and sites, sites of historical cultural layers of fortifications, industries, canals, paths
architectural ensembles and complexes, historical center, districts, plazas, ruins of ancient planning and building of cities and other settlements, construction of civil, industrial, military and religious architectural style of architecture, garden and park, background buildings
Special laws governing the legal, institutional, social and economic relations in the sphere of protection of cultural heritage in order to maintain, and use of cultural heritage in public life is the Law of Ukraine "On protection of cultural heritage" of 08.06.2000, № 1805 (hereinafter - Law on the Protection of Cultural Heritage).
According to Clause 1, Article. 1954 Land Code, land of historical and cultural significance may be in the state, municipal or private property.
However, there are limitations:
1. Land under the objects of historical and cultural significance that are of special scientific, aesthetic, historical and cultural value, may be either a communal or state property. The transfer of such lands to private ownership is prohibited by law (Par. "in" - Section 3, Article. 83, Abs. "D" of paragraph 4 of Art. 84 of the Land Code).
2. Land under the historical and cultural objects, which are of national and state importance, shall belong exclusively to public ownership. The transfer of such land in communal ownership is prohibited by law (Par. FT "Clause 3, Article. 84 of the Land Code).
3. Land under the objects of archeology sites, can only be in the public domain. Otherwise, they are subject to withdrawal (redemption) into state ownership in the manner prescribed by law, except for the land on which attractions are located Archeology - ancient battle field (Section 1, Art. 17 of the Law on Protection of Cultural Heritage).
4. Other cultural heritage sites that are not archaeological sites, can be alienated and transferred to the owner or authorized to possess, use or management of another entity or individual in the presence of harmonizing the body of cultural heritage protection.
The list of attractions that are not subject to privatization is approved by the Verkhovna Rada of Ukraine (Par 3, paragraph 1, Art. 18 of the Law on the Protection of Cultural Heritage).
According to the requirements of Art. 24 of the Law on Protection of Cultural Heritage of the owner or his designated agent, the user must contain the vista in a proper condition, make timely repairs to protect from damage, destruction or destruction in accordance with the Law on Protection of Cultural Heritage and the Treaty on the Protection.
Use of attractions should be in accordance with the regime of established agencies for the protection of cultural heritage in a way that are least affected by sight and preserves the authenticity of its material, spatial composition, as well as items of equipment, arrangement, decorations, etc.
Do not: change the destination attractions, its parts and components, make labels, marks on it, on its territory and its buffer zone without the permission of the relevant body of cultural heritage protection.
Businesses and individuals cultural heritage sites, which are landmarks, are transmitted in use in order to implement scientific, cultural, educational, tourist activities. The right to use the relevant authorities provide protection of cultural heritage on their specific circumstances (Article 25 of the Law on the Protection of Cultural Heritage).
At the same legal and natural persons in the enjoyment of which are landmarks, are responsible for their preservation and must comply with the bodies of protection of cultural heritage. The duty to preserve such objects is defined by concluding with the bodies of cultural heritage protection agreements on the protection.
Preservation, restoration, rehabilitation, museumification, repair, adaptation sites of national importance are made only with the written permission of the central executive authority in the field of cultural heritage on the basis agreed with the scientific and project documentation. With regard to places of local significance one must have the written permission of the Cultural Heritage Protection of the Council of Ministers of the Autonomous Republic of Crimea, institutions of the cultural heritage of regional, Kyiv and Sevastopol city state adminis ¬ ministration in accordance with their competence, based on agreed with the scientific and project documentation.
Any activity of legal or physical persons, which poses a threat to the object landmarks or conducted in violation of the law, state standards, norms and rules of protection of cultural heritage is prohibited (Article 30 of the Law on Protection of Cultural Heritage). Authority, prohibit an activity that is harmful to the object attractions, is an agency of cultural heritage.
The requirements of cultural heritage protection authorities are required to meet all legal and natural persons.