Measure
2.5.2.1.4.
Developing the draft order on amendments to the Procedure for Maintaining a Record of Cultural Heritage Sites, approved by the order of the Ministry of Culture dated March 11, 2013, No. 158, which:
1) provides for the monitoring and control of landmarks of local significance and landmarks of national significance appearing for more than 3 years on the List of Cultural Sites of National Significance, which are subject to registration in the State Register of Immovable Landmarks of Ukraine, and causing the relevant authorities to make the appropriate decision with respect to the cultural heritage sites before the three-year term expires (to include them / deny their inclusion in the State Register of Immovable Landmarks of Ukraine);
2) stipulates that landmarks (monuments, memorial signs) that glorify the aggressor state or support the aggression (war) of the Russian Federation against Ukraine, those dedicated to individuals supporting the aggression (war) of the Russian Federation against Ukraine, and those installed by the occupation authorities in the territory of Ukraine or in specific administrative-territorial units shall not be eligible for inclusion in the State Register of Immovable Landmarks of Ukraine.
Measure status:
Actual execution date:
29.03.2024
The measure is aimed at achieving ESR:
2.5.2.1. Cultural heritage sites have been inventoried, and the inventory findings have been used to update the list of historic populated areas; the electronic register of cultural heritage sites has been populated with data and made public
Problem solving:
2.5.2. The absence of public information on cultural heritage sites and conflicts in urban development and landmark protection laws result in abuses and development of cultural heritage sites.
Deadlines:
Responsible implementors (authorities):
Sources of funding:
state budget
Volumes of financing (thousand UAH):
within the established budget allocations for the relevant year
Performance indicator:
The draft order has been drafted and publicized for a public discussion.
Implementing status
Progress/Result of implementation:
According to information from Ministry of Culture and Information Policy (MCIP), MCIP Order No. 158 “On Amendments to the Procedure for the Registering Cultural Heritage Objects,” dated March 1, 2024, was adopted and registered with the Ministry of Justice of Ukraine on March 21, 2024, under No. 425/41770 (hereinafter referred to as the Procedure).
This Procedure partially meets the requirements of the State Anti-Corruption Program for this measure:
- subparagraph 9.3. of the Procedure stipulates that the grounds for refusing to register an immovable cultural heritage object or to include a newly discovered cultural heritage object in the Register is a protocol resulting from the consideration by the Advisory Council or Expert Commission, in which the object is determined to fall under the Law of Ukraine “On the Condemnation of the Communist and National Socialist (Nazi) Totalitarian Regimes in Ukraine and the Prohibition of Propaganda of Their Symbols” and/or the Law of Ukraine “On the Condemnation and Prohibition of Propaganda of Russian Imperial Policies in Ukraine and Decolonization of Toponymy,” taking into account the opinion of the central executive authority implementing state policy in the field of cultural heritage protection, as well as the recommendations of the Institute. This provision generally aligns with clause 2 of measure 2.5.2.1.4, which establishes that monuments (memorials, memorial signs) associated with the glorification of the aggressor state or supporting the aggression (war) of the Russian Federation against Ukraine, dedicated to persons supporting the aggression (war) of the Russian Federation against Ukraine, or establishing occupation authority in Ukraine or in individual administrative-territorial units, are not to be included in the State Register of Immovable Monuments of Ukraine;
- subparagraphs 8.3, 8.4. The Procedure stipulates that to resolve the issue of inclusion (or non-inclusion) in the Register of Immovable Cultural Heritage Objects, the authorized bodies are required to ensure the review of these lists (registers), which is carried out in accordance with the procedure defined in Sections IV and V of this Procedure. Specifically, subparagraph 4.8. of the Procedure provides that the authorized body is obliged to ensure the preparation of registration documentation for a newly identified cultural heritage object, which was included in the List prior to the entry into force of this Procedure, within a period not exceeding three years from the date of inclusion of the cultural heritage object in the List. Taken together, these provisions correspond to part of subparagraph 1 of measure 2.5.2.1.4, which requires that authorized bodies ensure the adoption of necessary decisions regarding cultural heritage objects (whether to include or refuse inclusion in the State Register of Immovable Monuments of Ukraine) before the expiration of the three years;
However, the Procedure does not contain all the provisions stipulated by subparagraph 1 of the content of measure 2.5.2.1.4. Specifically, it does not provide for monitoring and controlling objects of local and national significance that remain in the List of Cultural Heritage Objects of National Significance for more than three years, which are then entered into the State Register of Immovable Monuments of Ukraine.
Moreover, the MCIP has not provided information confirming the publication of the draft Procedure for public discussion during the reporting period, and no information regarding the publication of the draft Procedure for these purposes is available on the MCIP’s official website. In this regard, MCIP provided the following information: “The draft Procedure was not published because of the lack of a mandatory publication requirement and the need for public discussion, given the absence of regulatory act features.”
Since the Procedure was adopted on March 1, 2024 (while the deadline for implementing the measure was set for April 2023) and did not fully cover all the requirements of the State Anti-Corruption Program in this area, the corresponding measure has been implemented late and only partially.