Archaeological heritage is an important component of the entire cultural heritage of the Republic of Belarus, which primarily has immense scientific value. Currently, legal relations concerning the protection of archaeological heritage are regulated by Chapter 17 of the Code of the Republic of Belarus on Culture.
Archaeological heritage includes:
Archaeological sites are immovable material objects and their complexes, along with archaeological artifacts and cultural layers, which originated from human life and activities more than 120 years ago, have been preserved in the ground or at the bottom of water bodies, possess historical, artistic, scientific, or other cultural significance, and may meet the criteria for granting the status of historical and cultural value.
Archaeological monuments are archaeological sites and artifacts that, in accordance with current legislation, have been granted the status of historical and cultural value. This status can only be granted to studied archaeological sites, not merely identified ones.
Archaeological artifacts are movable material objects that originated from human life and activities more than 120 years ago, have been preserved in the cultural layer or at the bottom of water bodies, possess historical, artistic, scientific, or other cultural significance, may meet the criteria for granting the status of historical and cultural value, and at the time of discovery, have no owner.
Archaeological sites include:
- Remains of fortified settlements (ancient cities, hillforts, castles).
- Remains of unfortified settlements (campsites, settlements, individual dwellings).
- Remains of capital constructions (buildings, structures).
- Remains of cult objects (sanctuaries, places of ritual performance, monasteries, temples).
- Crosses, cult stones, statues, obelisks.
Protection of archaeological heritage is a direction of cultural activity, which includes a system of organizational, legal, economic, material and technical, scientific, informational, and other measures aimed at identifying archaeological objects and archaeological artifacts, their study, accounting, preservation, restoration, maintenance, and use, carried out for the purpose of preserving and multiplying the archaeological heritage.
All archaeological artifacts discovered during archaeological research or by chance are subject to transfer to state ownership (Part 2 of Article 124 of the Code of Culture).
On the territory of the Republic of Belarus, the acquisition, sale, donation, exchange, and pledge of archaeological artifacts are prohibited, except in cases of: acquisition, sale, donation, exchange, pledge of archaeological artifacts by state museums (to state museums) and state scientific organizations (to state scientific organizations); acquisition, sale, donation, exchange, pledge of archaeological artifacts that, as of March 18, 2016, were in the possession of citizens and legal entities and are included in the register of archaeological artifacts formed by the National Academy of Sciences of Belarus.
Accounting of archaeological heritage is carried out by including identified movable and immovable objects in the Register of Archaeological Artifacts and the Register of Archaeological Objects, which are maintained by the National Academy of Sciences of Belarus (Institute of History of the NAS of Belarus).
The search for archaeological sites and archaeological artifacts can **only be carried out during archaeological research based on a permit** for archaeological research issued by the National Academy of Sciences of Belarus. A permit in the established manner can only be obtained by individuals who have higher education in the specialty "Archaeology" or "History (Archaeology)", possess the scientific and practical knowledge necessary for conducting archaeological research and preparing a scientific report on the completed archaeological field work, and have at least two years of cumulative experience in participating in archaeological research, regardless of any breaks in service.
On the territory of the Republic of Belarus, **the use of metal detectors, ground-penetrating radars, and other technical means and tools for searching for archaeological sites and/or archaeological artifacts is prohibited**, except for cases where such equipment is used by a citizen for whom a permit for archaeological research has been issued, and by participants in archaeological research (Part 7, Article 127 of the Code of Culture). **For illegal search of archaeological artifacts, administrative liability is provided, and in case of damage to archaeological monuments and archaeological sites, criminal liability is provided**.
Accidental discovery of archaeological sites and artifacts implies the following actions by citizens, legal entities, and local authorities. **A person who accidentally discovers** in the ground or at the bottom of natural and artificial reservoirs a movable or immovable material object that may have historical, artistic, scientific, or other cultural significance, is obliged to:
- take measures for its preservation;
- immediately suspend work or other activities that may affect it;
- within two calendar days from the date of its discovery, notify in writing the local executive and administrative body of the basic territorial level and, in case of discovery of a movable material cultural value, hand it over to the district executive committee for temporary storage.
A written notification about the accidental discovery of an archaeological site or artifact must include: the surname, given name, patronymic (if any), place of residence of the citizen, individual entrepreneur, or the name and location of the legal entity that discovered the material cultural value; information about the place of discovery of the movable material cultural value; information about the location of the immovable material object.
The local executive and administrative body of the basic territorial level, which received a written notification about a professionally discovered archaeological site or archaeological artifact, shall take the following actions:
- no later than two calendar days from the date of receipt of the written notification, it shall send information about the identified material cultural value to the regional commission on archaeological sites and archaeological artifacts (to the address of the Vitebsk Regional Executive Committee Culture Department) for a decision on classifying the cultural value as an archaeological site or artifact;
- no later than three calendar days from the date of receipt of the written notification, it shall inform the National Academy of Sciences of Belarus (Institute of History of the National Academy of Sciences of Belarus) about the discovery of the material cultural value;
- in cases of obvious presence of distinctive spiritual, artistic, and documentary merits in this cultural value or its classification as an archaeological artifact, it accepts the movable material cultural value by an acceptance-transfer certificate;
- no later than seven calendar days from the date of receipt of the written notification about the professional or accidental discovery of an immovable material cultural value, it shall inspect it and draw up an inspection report.
- no later than ten calendar days from the date of receipt of the written notification about the professional or accidental discovery of an immovable material cultural value, it shall determine the temporary regime of containment of this cultural value, indicating its validity period, and in case of suspension of work or other activities on the immovable material cultural value that may affect it due to its discovery, it shall determine the period for which such work or other activities are suspended;
- transfers the movable material cultural value, if it is classified as an archaeological artifact, to a state museum.
During excavation, construction, land reclamation, and other works, measures are foreseen for the study of monuments and archaeological sites at both the design and construction stages to prevent their destruction. In accordance with Article 129 of the Code of Culture, the performance of excavation, construction, land reclamation, and other works, as well as any other activities on the territory of archaeological sites, is permitted upon agreement with the local executive and administrative body of the basic territorial level, which is based on the relevant conclusion of the National Academy of Sciences of Belarus, only after the development of measures for the protection of archaeological sites.
Measures for the protection of archaeological sites are included in the design documentation for the execution of such works on the territory of archaeological sites. Design documentation for the performance of excavation, construction, land reclamation, and other works, as well as any other activities on the territory of archaeological sites, with the exception of archaeological monuments, is subject to approval by the National Academy of Sciences of Belarus in accordance with the legislation on administrative procedures. Detailed information on these administrative procedures is presented on the website of the Institute of History of the National Academy of Sciences of Belarus.
The list of measures for the protection of archaeological sites during the performance of excavation, construction, land reclamation, and other works, as well as any other activities on the territory of archaeological sites, is provided for by Article 130 of the Code of Culture. The adoption of specific measures depends on the particular archaeological site and is determined at the stage of preparing the design documentation. In accordance with the legislation on administrative procedures, when developing design documentation, it is necessary to contact the Institute of History of the National Academy of Sciences of Belarus to obtain a conclusion on the absence of archaeological sites in the territory where excavation and construction works are to be carried out, or on the necessity of taking measures for their protection.
If archaeological sites are present in the territory where earthworks and construction are carried out, the conclusion of the Institute of History of the National Academy of Sciences of Belarus contains information on the need to take specific measures for their protection and defines the costs for their financing. In this case, the costs for ensuring the development and financing of measures for the protection of archaeological sites during earthworks, construction and other works, and the implementation of other activities on the territory of archaeological sites are borne by individuals and legal entities who are the customers of such works.
Violation of legislation on the protection of archaeological heritage provides for administrative and criminal liability.
In case of violation of the procedure for carrying out earthworks on archaeological monuments or within the protection zone of the cultural layer of other heritage objects, guilty persons shall be held liable under the following articles of the Code of Administrative Offenses of the Republic of Belarus:
Article 20.2. "Violation of the procedure and (or) conditions for carrying out works on historical and cultural values or commission of actions that create a threat to historical and cultural values";
Article 20.4. "Violation of the maintenance and (or) use regimes of protection zones of immovable material historical and cultural values".
In case of destruction, damage or loss of historical and cultural values or cultural values that can be granted the status of historical and cultural value (this category includes all archaeological sites), the guilty person shall be held liable under Art. 20.3 of the Code of Administrative Offenses of the Republic of Belarus (sanction: imposition of a fine in the amount of five to thirty basic units, for an individual entrepreneur – from twenty to one hundred basic units, and for a legal entity – up to five hundred basic units).
Liability for illegal search and trafficking of archaeological artifacts is provided for in Art. 20.3 of the Code of Administrative Offenses of the Republic of Belarus: The search for archaeological artifacts carried out without a permit for archaeological research shall entail a fine of fifteen to fifty basic units with confiscation of the object of the administrative offense, tools and means of committing the administrative offense, or without confiscation of such tools and means. The acquisition, sale, gifting, exchange, pledge of archaeological artifacts in cases prohibited by legislative acts, in the absence of signs of illegal entrepreneurial activity, shall entail a fine of ten to thirty basic units with confiscation of the object of the administrative offense.
Actions for intentional excavation and other works(including illegal search for archaeological artifacts at archaeological sites and monuments) that led to damage to the cultural layer and loss of its scientific significance due to mixing of layers, contain the elements of a crime, liability for which is provided for in Art. 344 of the Criminal Code of the Republic of Belarus (punishable by public works, or a fine, or arrest, or restriction of liberty for up to three years, or imprisonment for the same term).
Illegal excavation of burial mounds and other ancient burials, with the aim of extracting archaeological artifacts from them, located in the burial, contain the elements of a crime, liability for which is provided for in Art. 347 of the Criminal Code of the Republic of Belarus (punishable by a fine, or arrest, or restriction of liberty for up to three years, or imprisonment for the same term).
