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Land law. Lands of historical and cultural significance (most important)

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86. LANDS OF HISTORICAL AND CULTURAL SIGNIFICANCE

Legal regime lands of historical and cultural purpose depends on the scale of cultural heritage sites and places of interest.

Lands of historical and cultural purpose include lands:

1) objects of cultural heritage of the peoples of the Russian Federation (historical and cultural monuments), including objects of archaeological heritage;

2) places of interest, including places of historical trades, industries and crafts;

3) military and civil burials. Monuments of history and culture are buildings, memorial places and objects associated with historical events in the life of the people, the development of society and the state, works of material and spiritual creativity that are of historical, scientific, artistic or other cultural value.

Lands on which places of traditional existence of folk artistic crafts are located can be classified as lands of historical and cultural significance in the manner established by the land legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation. In territories of traditional environmental management, religious buildings, places of ancient settlements and burial places of ancestors and other objects of cultural, historical, religious value can be distinguished as objects of historical and cultural heritage.

The Federal Service for Supervision in the Sphere of Mass Communications, Communications and the Protection of Cultural Heritage is a federal executive body exercising control and supervision functions in the field of cultural heritage protection and legal regulation.

The use of lands of historical and cultural significance, determination of the boundaries of these lands, their withdrawal from economic use and other forms of protection of lands of historical and cultural significance are regulated by the Land Code of the Russian Federation and the legislation of the Russian Federation and constituent entities of the Russian Federation on historical and cultural monuments.

Historical and cultural lands are used strictly in accordance with their intended purpose. Changing the intended purpose of historical and cultural lands and activities that do not correspond to their intended purpose are not permitted.

Land plots classified as lands of historical and cultural significance are not confiscated from land owners, land users, landowners and tenants of land plots, except in cases established by law.

On certain lands of historical and cultural significance, including lands of cultural heritage sites subject to research and conservation, any economic activity may be prohibited.

In order to preserve the historical, landscape and urban environment, protection zones for cultural heritage sites are established in accordance with federal laws and the laws of constituent entities of the Russian Federation. Within the lands of historical and cultural significance outside the lands of settlements, a special legal regime for the use of lands is introduced, prohibiting activities incompatible with the main purpose of these lands. The use of land plots not classified as historical and cultural lands and located in the specified protection zones is determined by the rules of land use and development in accordance with the requirements for the protection of historical and cultural monuments.

Author: Medentsov A.S.

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