Historical and cultural heritage of the city of Gomel
About the requirements of legislation in the sphere of protection of historical and cultural heritage of the Republic of Belarus
The protection of historical, cultural and archaeological heritage of the Republic of Belarus are regulated by the Code of the Republic of Belarus on culture (further – the Code) and other legislative acts.
The code defines the responsibilities of the owner (user) of the material historical and cultural values, land users on the land which is situated the immovable material historical and cultural value (article 75).
The owners (users) are obliged to ensure:
the signing of the OBLIGATIONS (the commitments approved by the decree of the Ministry of culture of the Republic of Belarus from 28.12.2016 No. 90,
preparation of the PASSPORT of the material historical and cultural value, the installation of SECURITY BOARDS on immovable material historical and cultural values (the form of the passport and security Board approved the decision of the Ministry of culture of the Republic of Belarus of 28.12.2016 No. 89),
the development of the PROJECT of zones of PROTECTION of immovable material historical and cultural values (article 105 of the Code).
The signing of the security obligations is carried out in the Department of ideological work, culture and youth Affairs Gomel city Executive Committee (Gomel, Sovetskaya St., 16, KAB.210, tel 8 0232 75 73 55).
Documents necessary for conclusion of security obligations with the physical person:
- a document certifying the right of ownership,
- copy of technical passport of an object (premise),
- passport of the owner.
Documents necessary for conclusion of security obligations with a legal entity:
- a document certifying the right of ownership,
- copy of technical passport of an object (premise),
- copy of organization's Charter (1, 2, 3 page).
When the right of ownership or other real rights on the material historical and cultural value , the new owner is obliged within 30 days to sign the security undertaking.
Failure to comply with this requirement is the basis for recognition of the transaction on acquisition of ownership rights to the material historical and cultural value invalid (article 75 of the Code).
The owner (user) of the material historical and cultural value is prohibited (article 74 of the Code):
to destroy the historical and cultural value;
to prevent injury, the change of historical and cultural value, to carry out research and project work without a permit to conduct these studies;
to change the location, the conditions of detention and the use of value without the consent of the local Executive and administrative bodies;
to convey the material historical and cultural value in the possession and (or) use of the Armed Forces of the Republic of Belarus, other troops and military formations of the Republic of Belarus.
Construction works on the historical and cultural values
The types of operations that are performed on the material istoriko-cultural values (article 111 of the Code):
- research,
- design,
- repair and restoration,
- other.
A LIST of repair and restoration work for which it is necessary to develop scientific and project documentation, established by article 114 of the Code.
Sequence of actions when planning
REPAIR AND RESTORATION WORK
for material historical and cultural values:
1. obtaining the permission of the Ministry of culture of the Republic of Belarus for implementation of scientific-research and design work (issued in accordance with the law on administrative procedures*);
2. development of project documentation and obtaining the approval of the Ministry of culture of the Republic of Belarus about its consistency (issued in accordance with the law on administrative procedures*);
3. after completion of the work on historical-cultural values – obtaining certificates of compliance accepted for operation by the material historical and cultural value of project documentation (must provide scientific restoration report on the work performed, drawn up by the person entrusted with the responsibility of management to develop scientific and project documentation and act for the transfer of documents to the Bank information).
In accordance with the decree of the President of the Republic of Belarus dated 18.10.2007 №527 "AB nekatoryh pirannah APB gstorage-a cultural Spadchyna" is the payment of contributions entities whose business activities directly impact on the historical and cultural value or protection zones.
The amount of deductions from the profit obtained as a result of entrepreneurial activity that has a direct impact on historical and cultural value or areas of protection:
for legal and physical persons of the Republic of Belarus, including individual entrepreneurs – 5%,
for foreign legal entities and individuals – to 25 percent.
Contributions in accordance with decree No. 527 must be implemented ANNUALLY UNTIL FEBRUARY 10 in a special extra-budgetary account of the Ministry of culture:
BY73AKBB36309000000130000000
name of the Bank OJSC "ASB "Belarusbank",
Minsk, Dzerzhinskogo street, 18,
Bank code AKBB BY 2X, UNP 100618574
The website of the Ministry of culture of the Republic of Belarus:
Historical and cultural heritage