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Administrative and municipal law
Reference:

Panfilov, A.N. Administrative responsibility for the violations in the sphere of protection of cultural heritage objects in the Russian Federation.

Abstract: The protective provisions of the Administrative Offences Code of the Russian Federation regarding the responsibility for the violations in the sphere of protection, preservation, and use of cultural heritage objects were amended substantially in 2013. The existing provisions on offences were clarified and new types of offences were introduced, the amounts of fine were enlarged, and there were also changes in the competence of courts regarding administrative offence cases. The article provides analysis of administrative offences in the sphere of protection of historical and cultural heritage objects in the light of the legislative novelties, and the author formulates the propositions for the improvement. Noting the need to amend the material elements of an administrative offence under Art. 7.15 part 2 of the Administrative Code of the Russian Federation the author supports the position that harming or destruction of the object of archeological heritage while holding archeological field work may only be committed with direct intent. Accordingly, such acts of persons and officials should be qualified under Art. 243 of the Criminal Code of the Russian Federation.


Keywords:

object of cultural heritage, object of archaeological heritage, lands designated for historical and cultural purposes, administrative offence, administrative responsibility, administrative fine, elements of an administrative offence, unlawful act, sanction, confiscation.


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