À.Yu. Lozhkin Modern principles for the regulation of historical area development

Abstract: To ensure the preservation of cultural heritage objects in their historical environment, Russian law enables for the territories which surround such objects to be given special land use status, which denies construction and business operations. To establish the boundaries of such areas, cultural heritage object zoning projects are being drafted. Analyzing several of such projects, made in recent years, shows that they don’t pay enough attention to provide justification for the limitations that they impose. It often happens that the establishment of such areas is not done in order to preserve a certain object of cultural heritage, but rather for the sake of a “general” preservation of a historical environment. The preservation of valuable fragments of urban environment, and not separate objects would be a favorable thing, of not for the doubts in the sincerity of the legal mechanisms employed. Establishment of land use boundaries limits the rights of owners of land and capital construction objects. This would mean that the very decision in favor of establishing cultural heritage preservation zones can be brought to the court. And in this situation, justification for the placing of legal protection on an area is very important, as well as a defined connection of the exact object of protection and the area surrounding it, for the purpose of land use. The Objects of Cultural Heritage Act #73 of 2002 defines the “object of protection” for the first time in legal practice – the description of the special properties of the object which would justify listing it as cultural heritage and vesting it with legal protection. This, the justification of limiting the use of areas, may only be used in light of the necessity for the preservation of objects of cultural heritage. This particular point, regretfully, is often overlooked when cultural heritage preservation plans are being drafted.

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