乌克兰历史和文化保护区活动的行政和法律规定的特点

Anfisa Nashinets-Naumova, Olga Baitalyuk
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摘要

这篇文章的目的是证实乌克兰作为文化遗产对象的历史和文化保护区活动的行政和法律规定的特殊性。方法。研究方法包括一般和特殊的科学知识方法,包括比较法律,系统和结构,分析,综合等,这使得系统和一致的方法可以揭示所提出的问题,调查和比较科学家的立场,乌克兰监管和法律行为的规定,形成作者的结论。结果。文章第一部分分析了历史文化保护区概念界定和分类的方法。在文章的第二部分中,分析了建立历史文化保护区的法律规定,确定了决定建立历史文化保护区必须提交的文件清单,并确定了审议建立历史文化保护区请求的程序条件。文章的第三部分分析了历史文化保护区管理的法律特征,明确了历史文化保护区管理部门和历史文化保护区负责人的任务和职能。文章第四章界定了在疫情和戒严条件下历史文化保护区活动的特点。结论。通过对若干关于历史文化保护区活动的行政法律规制的分析,认为在行政法律层面上,历史文化保护区作为文化遗产客体的活动得到了充分的规制。在正常情况下、新冠肺炎疫情大流行情况下和戒严情况下,对其创建、管理和活动都有完善的法律规制机制。但是,相当复杂的程序(一些必要的文件、需要证明设立保护区的便利性、资金筹措问题等)阻碍了历史和文化保护区的建立。
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PECULIARITIES OF ADMINISTRATIVE AND LEGAL REGULATION OF THE ACTIVITY OF HISTORICAL AND CULTURAL RESERVES IN UKRAINE
The purpose of the article is to substantiate the peculiarities of the administrative and legal regulation of the activity of historical and cultural reserves in Ukraine as objects of cultural heritage. Methods. The research methodology consists of general and special methods of scientific knowledge, including comparative legal, systemic and structural, analysis, synthesis, and others, which allow a systematic and consistent approach to the disclosure of the questions posed, to investigate and compare the positions of scientists, the provisions of regulatory and legal acts of Ukraine, to formulate the author’s conclusions. The results. The first section of the article analyses approaches to defining the concept and classification of historical and cultural reserves. In the second section of the article, the legal regulation of the creation of a historical and cultural reserve is analysed, the list of documents that must be submitted in order to make a decision on its creation is determined, and the procedural terms for consideration of a request for the creation of a historical and cultural reserve are determined. The third section of the article analyses the legal features of the management of the historical and cultural reserve, defines the tasks and functions of the administration and the head of the historical and cultural reserve. The fourth chapter of the article defines the peculiarities of the activities of historical and cultural reserves in the conditions of the pandemic and martial law. Conclusions. Having analysed a number of legal acts on the administrative-legal regulation of the activity of historical-cultural reserves, it was established that at the administrative-legal level, the activity of historical-cultural reserves as objects of cultural heritage is regulated at a sufficient level. There is an established mechanism of legal regulation of their creation, management, and activity both in normal conditions and in the conditions of a pandemic of the respiratory disease COVID-19 caused by the SARS-CoV-2 coronavirus and in conditions of martial law. However, a rather complicated procedure (a number of necessary documents, the need to prove the expediency of creating a reserve, problems with financing, etc.) inhibits the creation of historical and cultural reserves.
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