«PRESERVATION» AND «ENSURING PRESERVATION» IN THE DESIGN OF IMPROVEMENT AND GREENING OF CENTERS OF HISTORICAL CITIES

2019 ◽  
pp. 54-70
Author(s):  
Elena Belyaeva
Keyword(s):  
Urban Planning ◽  
Cultural Heritage ◽  
Russian Federation ◽  
Natural Environment ◽  
Public Spaces ◽  
Federal Law ◽  
Heritage Sites ◽  
The Status ◽  
The Russian Federation ◽  
Historic Cities

The urgency of the problem of comprehensive improvement and greening of the centers of historic cities has increased with the «May» decrees of the President of the Russian Federation V. V. Putin in 2018. Howev-er, the scientific foundations, methodology and design methodology of improvement does not take into ac-count the peculiarities of historical cities, the need to preserve architectural monuments, landscape and gar-den-garden art, valuable urban planning and natural environment. Evaluation of projects implemented in 2010-2018, own design experience in the historical territories of Moscow confirmed that many of the pro-ject’s shortcomings are due to the lack of special regulatory and methodological documents for design. The current GOST regulates the composition and content of works for the preservation and facilitation of the modern use of cultural heritage sites that are works of landscape and landscape art. For ordinary ob-jects of improvement in the centers of historical cities located in protective and protective zones, in the united protective zones, a design technique is necessary taking into account the status and features of such territo-ries according to the current legislation. According to the experience of designing in Moscow, most of the projects of comprehensive landscaping are areas that do not have the status of cultural heritage sites, and ordinary public spaces, landscaped and near-house areas of 0.5–2.5 hectares, located within the boundaries of protected, protected areas, including the united security zone of the historical part of Moscow established within the boundaries of the Kamer-Kollezhsky Val. Often, small parks, squares, boulevards in various functional areas, small public spaces ad-jacent to subway exits are being developed. For a comprehensive improvement and greening of the city center of historic cities, a systematic ap-proach is important – not only the preservation of cultural heritage sites, valuable urban planning, land-scape and natural environment based on the status and mode of use of territories established in accordance with Federal Law No. 73-FZ «Heritage (historical and cultural monuments) of the peoples of the Russian Federation». Within the boundaries of cultural heritage sites, there should be a «conservation» mode, in pro-tected areas and in protected zones, a «security preservation» regime of cultural heritage sites. The prospects for the use of integrated improvement and landscaping as a special type of urban plan-ning activity and means providing a socially and environmentally oriented solution of the issues of regenera-tion of the centers of historic cities are considered.

scholarly journals Problems and prospects for the conservation and rational use of cultural heritage sites of the local (municipal) significance

2021 ◽  
pp. 25-37
Author(s):  
Aleksandr Ivanovich Lebedev ◽  
Tamara Anatolevna Pushkareva ◽  
Svetlana Yur'evna Samokhodova
Keyword(s):  
Cultural Heritage ◽  
Russian Federation ◽  
Integrated Approach ◽  
Practical Experience ◽  
Federal Law ◽  
Rational Use ◽  
Heritage Sites ◽  
Negative Results ◽  
The Russian Federation ◽  
The Republic

The object of this research is the immovable cultural heritage. The subject of this research is the activity of the local self-government for the conservation, use, and popularization of cultural heritage sites owned by the municipalities, located in their territories, as well as state protection of cultural heritage sites of local (municipal) significance. Such authority is set in by the Federal Law “On Cultural Heritage Sites (Historical and Cultural Monuments) of the Peoples of the Russian Federation” and the Federal Law No.131-FZ “On General Principles of the Organization of Local Self-Government in the Russian Federation). Leaning on the experience of the colleagues and analysis of the activity of Ufa City Municipal District Administration  of the Republic of Bashkortostan, positive and negative results obtained in the course of exercising the authority granted by the legislation in this sphere, the author acknowledges the need for a more integrated approach towards conservation of immovable cultural heritage of the local (municipal) significance; it includes the stage of its identification, and registration (with the municipal authorities), as well as organization of their rational use, such as leasing, privatization, etc. The article provides a number of recommendations, which are based on the practical experience and comprehension of theoretical material.

scholarly journals Constitutional status of federal territories in Russia: theoretical foundations of legislative regulation

2021 ◽  
Vol 5 (1) ◽  
pp. 124-140
Author(s):  
N. V. Vasilieva ◽  
S. V. Praskova ◽  
Yu. V. Pyatkovskaya
Keyword(s):  
Russian Federation ◽  
Complex Analysis ◽  
The State ◽  
Constitutional Court ◽  
Federal Law ◽  
The Status ◽  
Russian Constitution ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the study is the constitutional concept of federal territories in Russia. The purpose of the article is to confirm or disprove hypothesis that constitutional status of federal territories in Russia consists of system of elements and identify such elements. The authors use the method of formal legal interpretation of Russian Constitution, the methods of comparative constitutional law, complex analysis, systemic interpretation of Russian laws and drafts of laws. The main results of research, scope of application. When making an amendment to part 1 of Article 67 of the Constitution of the Russian Federation, the content of this innovation was not disclosed. Therefore the federal law on federal territories will be of decisive importance. The authors define the constitutional characteristics of the federal territories based on the literal content of the constitutional norm and the conclusion of the Constitutional Court of the Russian Federation. The federal territory is an element of the state territory that is not a subject of the federal structure and has a status different from the status of the constituent entities of the Russian Federation. There are specific features of the organization of public power in federal territory. The authors’ vision of the content of each of the elements of the federal territories is presented. It is noted that the defining element of the status of federal territories will be the purpose of their creation. The authors propose a conceptual division of federal territories in Russia into two types: inhabited and uninhabited. It is stated that at the moment, the status elements can be clearly defined only in relation to uninhabited federal territories. The formation of the concept of inhabited federal territories will depend on definition of the purpose of their creation. Conclusions. It is proposed to consider the elements of the status of federal territories in Russia, based on the elements of the status of the subject of the Russian Federation, and in comparison with them. Such elements are: territory, population, subjects of jurisdiction, responsibilities, state power organization, property and budget, system of taxes and fees, names and symbols, population’s role in the state affairs management.

scholarly journals Some issues of legal regulation (of the legal status) control and accounting bodies of municipalities

2020 ◽  
Vol 2020 (2) ◽  
pp. 82-88
Author(s):  
Oleg Kozhevnikov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Legal Analysis ◽  
Federal Law ◽  
Government Organization ◽  
The Past ◽  
The Status ◽  
The Russian Federation

Almost three decades have passed since the appearance of the Law of the Russian Federation from 06.07.1991 No. 1550-1 «On local self-government in the Russian Federation». Over the past historical stage, the regulatory framework of local self-government and its bodies has significantly transformed: this applies to the concept of local self-government, territorial and organizational foundations, and of course the legal status of individual local self-government bodies. This article provides a comparative legal analysis of certain provisions of Federal law No. 131-FZ of 06.102.2003 «On General principles of local self-government organization in the Russian Federation» and Federal law No. 6-FZ of 07.02.2011 «On General principles of organization and activity of control and accounting bodies of subjects of the Russian Federation and municipalities» in the part concerning control and accounting bodies of municipalities. Based on the results of this analysis, significant contradictions were identified in the basic Federal normative legal acts regulating the legal status of the control and accounting body of a municipality, which need to be corrected by the Federal legislator in order to increase the level of unity and consistency in the legal regulation of the status of one of the most important bodies in the system of local self-government-the control and accounting body of a municipality.

scholarly journals On the Issue of the Principles of State Service in the Penal System of the Russian Federation

2021 ◽  
Vol 4 ◽  
pp. 14-20
Author(s):  
Artem M. Bobrov ◽  
Keyword(s):  
Russian Federation ◽  
Public Service ◽  
Penal System ◽  
Federal Law ◽  
State Service ◽  
Philosophical Approach ◽  
Basic Principles ◽  
The Status ◽  
The Russian Federation ◽  
Internal Affairs

This article reveals the essence of the basic principles of public service, their implementation in the penal system of the Russian Federation. It is noted that the existing variety of definitions of principles entails some uncertainty. Therefore, it is proposed to adhere to a philosophical approach to determining the principles of public service in the penal system. It is noted that the current legislation regulating the status of employees of prisons and the procedure for serving the service does not take into account the specifics of the penal system, since the new provisions aimed at implementing the general principles of public service copy the similar norms of Federal Law of November 30, 2011 №. 342-FL «On Service in the Internal Affairs Bodies of the Russian Federation and Amending Certain Legislative Acts of the Russian Federation». It is concluded that it is necessary to detail the general principles of public service in conjunction with existing standards governing the activities of bodies and institutions of the penal system, the enforcement of criminal sentences, and the detention of defendants.

scholarly journals Military Monuments as Objects of Cultural Heritage: Features of State Protection (On the Example of Krasnodar Krai)

2020 ◽  
Author(s):  
А.В. Гончаров ◽  
А.В. Крюков
Keyword(s):  
Cultural Heritage ◽  
Russian Federation ◽  
The State ◽  
National Standard ◽  
Krasnodar Krai ◽  
Military Equipment ◽  
The Status ◽  
The Russian Federation ◽  
Cultural Heritage Objects ◽  
State Protection

Цель статьи – определить правовой статус и особенности государственной охраны объектов культурного наследия, созданных для увековечения событий военной истории, а также принадлежащих к произведениям монументального искусства. Исследование выполнено на материалах ведомственного архива управления государственной охраны объектов культурного наследия Краснодарского края, использованы национальные стандарты Российской Федерации, акты федерального и регионального законодательства. Изучены проблемы, связанные с правоприменительной практикой в отношении братских могил воинов и отдельных памятников, содержащих в своем составе военную технику, тиражированные монументы и обелиски из листового железа. Определено, что в каждом конкретном случае юридический статус и особенности государственной охраны рассмотренных монументов могут быть установлены с опорой на нормативно-техническую документацию (национальный стандарт), в большинстве случаев содержащую достаточно точные определения этих объектов. The aim of the study is to determine the status and peculiarities of the state protection of cultural heritage objects, which were created in order to perpetuate military history and are works of monumental art, within the framework of the current Russian legislation. The materials used in the article mainly relate to the regulatory framework for the protection of monuments in Krasnodar Krai. The study is based on documents from the departmental archive of the regional Office of State Protection of Cultural Heritage Objects of Krasnodar Krai, on national standards of the Russian Federation, and on acts of federal and regional legislation. The study uses historical legal, formal legal, and comparative legal methods, as well as methods of interpretation of law and logical methods. The authors examine the novelties of the Russian legislation affecting the establishment of protective zones around the monuments of architecture and urban construction and note that the acts of Krasnodar Krai also prescribe the arrangement of such zones for monuments containing burials and monuments of monumental art. The authors formulate questions related to the law enforcement practice in relation to the mass graves of soldiers and to individual monuments containing military equipment, replicated monuments, and obelisks made of sheet iron. The authors analyze the national standard of the Russian Federation, “Cultural Heritage Preservation. Terms and Definitions”, and give examples of checks for compliance with the terms in the standard at individual objects of cultural heritage. The analysis of the status of monuments containing military equipment is based on methodological recommendations published in the 1980s. They prescribed state protection for monuments made at a high artistic level from durable materials, but in practice these requirements were rarely met. The authors conclude that, along with samples of military equipment, works of architecture or sculpture created in honor of specific historical events, including guns or transport-combat vehicles installed on pedestals, are subject to state protection. It is the presence of an architectural base that allows classifying such objects with the term “monument”. In each specific case, the legal status and features of the state protection of the monuments considered in the article can be established based on the regulatory and technical documents (national standard) that contain sufficiently accurate definitions of these objects.

scholarly journals CURRENT PROBLEMS OF USING CULTURAL HERITAGE SITES IN HISTORICAL CITIES FOR TOURIST PURPOSES (EXPERIENCE OF THE CITY OF KALININGRAD)

2017 ◽  
Vol 11 (2) ◽  
pp. 61-71 ◽  
Author(s):  
Анна МИТРОФАНОВА ◽  
Anna MITROFANOVA ◽  
Юрий ФИЛИППОВ ◽  
Yuriy Filippov
Keyword(s):  
Cultural Heritage ◽  
Russian Federation ◽  
Legal Framework ◽  
Limiting Factors ◽  
Heritage Sites ◽  
Regional Tourism ◽  
Tourism Product ◽  
The Russian Federation ◽  
State Programs ◽  
The City

The article presents an overview of the theoretical and practical approaches of domestic and foreign authors to the using historical and cultural heritage sites for tourist purposes for the development of regional tourism. Most scientists define cultural heritage sites as one of the most important conditions for the development of cultural and educational tourism. Further development of this territory is provided by strategic planning, state policy, the creation of a regulatory and legal framework, the development of specialized state programs, attraction of investments, creation of a specialized infrastructure, and implementation of a competent marketing policy. The article also presents the limiting factors of the using cultural heritage sites in the Russian Federation on the example of Kaliningrad region. Within the study the authors examine institutional capacities and state instruments for the restoration of cultural heritage objects with the aim of including in a regional tourism product. The authors develop authorial methodology of systematizing cultural heritage sites used for tourist purposes. The criterion for ranking cultural heritage sites is the degree of their preservation, accessibility and functional purpose. This methodology has been tested on cultural heritage sites in the city of Kaliningrad functionally related to fortifications. But it can be used in scientific research and in practice for ranking and other categories of cultural heritage sites of the regions of the Russian Federation.

scholarly journals To discussion of the Сoncept of the draft Federal law “Forest Code of the Russian Federation”

2020 ◽  
Vol 3 (3) ◽  
pp. 1-7
Author(s):  
V.V. Chebotareva ◽  
◽  
P.A. Chebotarev ◽  
V.G. Storozhenko ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Professional Community ◽  
Educational Institutions ◽  
Private Forest ◽  
Federal Law ◽  
The Status ◽  
Forest Code ◽  
The Russian Federation ◽  
Private Forest Management

The article discusses the concept of the draft Federal Law of the Forest Code of the Russian Federation put forward by the CEPL staff. The timeliness of such a discussion by the wide professional community is recognized. Proposals are being made to change a number of provisions of the Concept. It is proposed to clarify the status of “wild forests”. The thesis about the inadmissibility of leaving the cutting areas of oak forests for natural overgrowth is emphasized, which leads to the transformation of strategically valuable oak formations of the Central Black Earth Region into significantly less valuable deciduous forests without his participation. The authors support the position on the unacceptability of the existing model of private forest management, which leads to “deterioration of the state of forests, reduction of their economic and ecological potential.” A number of proposals are being made to improve the country’s forestry. It is proposed to restore the Ministry of Forestry, transfer the use of forest resources to state forestry enterprises, staffed with personnel, equipment and machinery for the production of all types of forestry work. To add to the section on the indefinite use of forest plots, research institutions, educational institutions, in the use of which there are forest plots for long-term research. It is necessary to exclude other types of use of forest areas (for example, hunting use), where research or educational activities are carried out.

scholarly journals PRESIDENTIAL CONTROL OVER OPERATIONS OF THE FEDERAL SECURITY SERVICE OF RUSSIA

2020 ◽  
Vol 11 ◽  
pp. 58-62
Author(s):  
Anatoliy M. Tarasov ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Russian Federation ◽  
State Control ◽  
Federal Law ◽  
Criminal Intelligence ◽  
Security Service ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The relevant and innovative character of the subject of Presidential Control over Operations of the Federal Security Service of Russia is confirmed by the absence of separate research on this topic and the status of the Federal Security Service of Russia established to ensure security, carry out various types of law enforcement operations, in particular, such as criminal intelligence and surveillance, pre-trial investigation, interrogation, where human and civil rights and freedoms may be violated, and the guarantor of human and civil rights and freedoms is the President of the Russian Federation pursuant to Article 80 of the Constitution of the Russian Federation. The relevance of this subject is also proven by the absence of any federal law on the state control over operations of state authorities including law enforcement ones and the failure to establish the limits (scope) of the presidential control over operations of the Federal Security Service of Russia in statutory acts. The fact that the aims of the presidential control are not only identification of deviations in operations of the Federal Security Service but also the prevention of such deviations in the future raises the importance of this issue. In view of the above, the presidential control is a mechanism of positive, preventive and efficient influence on organizational and practical activities of authorities of the Federal Security Service of Russia.

MEDIATION AS AN ALTERNATIVE WAY OF SETTLING FAMILY DISPUTES IN THE RUSSIAN FEDERATION

2021 ◽  
pp. 133-147
Author(s):  
Eugenia R. Bryukhina ◽  
◽  
Ekaterina A. Chertkova ◽  
◽  
Keyword(s):  
Conflict Resolution ◽  
Russian Federation ◽  
Federal Law ◽  
Family Mediation ◽  
Separate Type ◽  
Legal Method ◽  
The Status ◽  
The Russian Federation ◽  
Mediation Agreement ◽  
Goals And Objectives

The article examines the specific goals and objectives of family mediation, the characte-ristics of the status and work of the mediator and the characteristics of the procedure of recon-ciliation of the parties to the family legal conflicts, touches on the problems of legislation and practice of mediation in the consideration of family legal conflicts. The article substantiates the need to distinguish mediation in disputes arising from family legal relations as a separate type of conflict resolution procedures with the participation of a mediator. Modern formation and development of civil society in conditions of democracy reveals more and more interest of participants of legal relations in independent settlement of disputable situations. With the adoption of Federal Law No. 193-FZ of 27.07.2010 "On alternative dis-pute resolution procedure with the participation of a mediator (mediation procedure)" media-tion is increasingly being used as one of the most efficient non-jurisdictional means of dispute resolution. The article substantiates the need to distinguish mediation in disputes arising from family legal relations as a separate type of conflict resolution procedure with the participation of a mediator. The methodology of the study is based on the formal-legal method, which is used in the study of the legal institution of mediation. In addition, as part of the study of the fre-quency and nature of the use of mediation procedures for the resolution of disputes referred to the court, the statistical method was used. The paper examines the legislation on mediation of the Russian Federation, identifies some problems of law enforcement, and proposes possible ways to solve them. The article proposes to eliminate legislative contradictions regarding the possibility of recourse to court with an agreement on mediation, to indicate in the Federal Law "On Mediation" the existence of a mediation agreement is not a condition but a basis for mediation, as well as to legislate the possibility of mediation by telecommunication.

Sign in / Sign up

Export Citation Format

Share Document