Issues of historical and cultural heritage protection
The results of inspections conducted by the region's prosecutor's offices in all regions on the enforcement of legislation on the protection of historical and cultural heritage indicate that there are a number of problematic issues in this area of legal relations that have not been properly resolved for a long time.
In particular, the unsatisfactory condition of some historical and cultural heritage sites is a cause for concern, and the failure to take measures for their preservation may eventually lead to their complete destruction and loss. Due to the dilapidated state of individual structures, being near such sites is not always safe. In the Vitebsk region, there are over 35 unused heritage sites, more than 30 are in unsatisfactory condition, of which about 20 are in ruins, which is partly due to the lack of sufficient financial resources (Orshansky, Shumilinsky, Lepelsky, Ushachsky, Verkhnedvinsky and other districts). At the same time, there are cases where owners of historical and cultural values do not take proper measures to ensure their proper sanitary and technical condition, which do not require significant financial costs (Shumilinsky, Miorsky, Gluboksky, Beshenkovichsky and other districts).
Not all owners and land users, on whose lands historical and cultural values are located, have timely signed protection agreements that provide for the obligations of these persons to ensure the preservation of heritage sites (Vitebsk city, Braslavsky, Shumilinsky districts, etc.).
There are cases of non-compliance with the requirements of current legislation and protection agreements regarding the issuance of relevant passports and the installation of protection signs on historical and cultural heritage sites (Vitebsk city, Shumilinsky, Polotsky, Lepelsky, Orshansky and other districts).
The issue of developing design documentation for the protection zones of historical and cultural values is problematic, which does not allow, if necessary, to establish restrictions during construction and other works. The specified documentation is missing for most objects
of historical and cultural heritage (Dokshitsky, Braslavsky, Miorsky, Polotsky, Toloсhinsky, Sharkovshchinsky and other regions).Public supervisory commissions for the protection of historical and cultural heritage, which should exercise public control in this area of legal relations, have not been established everywhere (Vitebsk city, Verkhnedvinsky, Orshansky, Chashniksky districts, etc.).
The current situation in the field of protection of historical and cultural heritage is a consequence not only of objective reasons (including the lack of proper funding), but also of omissions in the activities of local executive committees and authorized structural divisions of executive committees, including insufficient activity in attracting financial resources for the preservation of historical and cultural values, and taking response measures to identified violations of the law.
In most cases, when violations of obligations to ensure the preservation of historical and cultural values, installation of security signs and other violations are detected, authorized officials limit themselves to sending relevant letters to those responsible for these violations and do not always monitor their implementation. At the same time, the powers to conduct administrative proceedings for non-compliance with the requirements of security obligations and other shortcomings in the field of protection of historical and cultural heritage are practically not used.
In order to eliminate the identified violations, prosecutors have issued 19 acts of prosecutorial supervision, including the regional prosecutor's office has prepared a corresponding submission to the Vitebsk Regional Executive Committee. Based on the considered acts of prosecutorial supervision, certain measures have been taken to restore order in this area, and 12 officials have been brought to disciplinary responsibility.
Senior Assistant Prosecutor of Vitebsk Region
Elena Kozlova