SYSTEM OF PUBLIC ADMINISTRATION OF THE ARCHITECTURAL HERITAGE IN THE LEGISLATION OF UKRAINE
DOI:
https://doi.org/10.31734/architecture2023.24.106Keywords:
architectural heritage, system of public administration of cultural heritage, legislation of Ukraine, protection of cultural heritageAbstract
Throughout its centuries-long history, the Ukrainian state has accumulated numerous architectural objects on its territory, and the historical memory of our country depends on their preservation. The state development is based on preservation of the cultural heritage, as it is a kind of engine driving the social and cultural development of every nation.
The issues of protection and preservation of the architectural heritage are regulated by the Convention on Protection of the Architectural Heritage of Europe, which was ratified in 2006. Ukraine has created a comprehensive legislative and regulatory framework that governs the role of the state, central government and local governments in the field of cultural heritage protection, as well as legal entities and individuals, regardless of the form of ownership of the cultural heritage sites and monuments. Therefore, the following laws and programs were adopted: «On Protection of Cultural Heritage», «On Preservation of Architectural and Urban Planning Heritage», «On Protection of Archaeological Heritage», «On the List of Cultural Heritage Monuments that Are not Subject to Privatization», «On the Fundamentals of Urban Planning», «On Territory Planning», «On Architectural Activity», «On Culture», «On Protection of Cultural Heritage» and «On Regulation of Urban Planning Activity».
The preservation, effective functioning and use of architectural monuments primarily depends on the system of public administration, which consists of three levels. The central level is the Ministry of Culture of Ukraine and the Cabinet of Ministers of Ukraine. At the regional level, these are the regional and city councils, as well as cultural heritage protection authorities of regional state administrations. And the local level, it includes district state administrations, village, town, city, district, regional councils, executive authorities of village, town, and city councils. Based on the functions of the state apparatus, the authors of the research have identified the main problems that exist in the cultural heritage management system, namely the need of clear delineation of powers and functions between cultural heritage management authorities in the legislation of Ukraine; lack of staff and resources for implementation of the activities for the preservation and protection of cultural heritage; low public awareness; lack of clear and systematic public administration of cultural heritage protection; the necessity to compose a State Register of Immovable Monuments; absence of regulatory framework for professional activities in the field of cultural heritage protection; no direct public influence; the needs to consider architectural heritage as means of administrative management.
References
Averianov V. B. Public administration. Legal Encyclopedia: in 6 volumes. Kyiv, 1998. 2004.
Horbyk V. Place of the historical and cultural heritage in the spiritual development of modern Ukraine. History: the fifth congress of the International Association of Ukrainianists. Chernivtsi, 2004. P. 441–445.
Hrytsenko О. А. Culture and government. Theory and practice of cultural policy in the modern world. Kyiv: UTsKD, 2000. 258 p.
Hrytsenko О. А. Cultural policy in Ukraine: an analytical review. Kyiv: UTsKD, 2007.
Kondel-Perminova N. Integration of architectural and urban monuments into the modern socio-cultural context. Modern problems of research, restoration and preservation of cultural heritage: Book of scientific articles of the Institute of Contemporary Art Problems of the National Academy of Arts of Ukraine. 2008. No 5. Kyiv, 2008. P. 94–110.
Kovalevska О. Forms and methods of the state regulation of the housing market. Scientific Bulletin of the Academy of Municipal Management. Series: management. 2013. P. 84–94.
Kovbasiuk Yu. V. New approaches to the formation of regional policy and regional governance. Actual problems of the economy. 2014. No 7. С. 246–253.
Kovbasiuk Yu. V. Public administration. Encyclopedia of public administration: in 8 volumes. Kyiv, 2011.
Law of Ukraine «On Administrative Services». URL: https://zakon.rada.gov.ua/laws/show/5203-17#Text of 06.09.2012. (Last accessed 20 March 2023).
Law of Ukraine «On Protection of Cultural Heritage». URL: https://ips.ligazakon.net/document/view/T001805?an=339&ed=2023_01_01 of 08.06.2000. (Last accessed 20 March 2023).
Law of Ukraine «On the Basic Principles of State Supervision (Control) in the Field of Economic Activities». URL: https://zakon.rada.gov.ua/laws/show/877-16#Text of 05.04.2007. (Last accessed 20 March 2023).
Nyzhnyk N. Public administration in Ukraine: the function of coordination. Scientific Notes of the Institute of Legislation of the Verkhovna Rada of Ukraine. 2014. Nо 6. P. 111–116.
Plamennytska О. On the issue of the methodology of studying the stages of development of the architectural and urban formations. Current problems of research, restoration and preservation of cultural heritage. Kyiv, 2009.
Prybieha L. V. Essence and content of the concept of “protection” in architectural monumentology. Kyiv. 2008. P. 470–492.
Pylypyshyn V. P. The concept and main features of public administration. Sumy. Forum of Law, 2011.
Rybchynskyi О. Analysis of the programs for preservation of the cultural heritage of Ukraine. Lviv, 2022.
Vecherskyi V. V. Urban planning heritage of Ukraine. Kyiv, 2003.
Volkovych О. Yu. Issues of distinguishing the concepts of “organizational and economic management” and “public administration” in the activities of business entities. Forum of Law. 2008. No 2. P. 38–43.
