The procedure for issuing a passport of an object of cultural heritage. Specifications

MINISTRY OF CULTURE OF THE RUSSIAN FEDERATION

ORDER

On approval of the form of the passport of the object of cultural heritage

In order to implement Article 21 of the Federal Law of June 25, 2002 N 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation" (Collected Legislation of the Russian Federation, 2002, N 26, Art. 2519; 2003, N 9 , Article 805; 2004, N 35, Article 3607; 2005, N 23, Article 2203; 2006, N 1, Article 10; N 52 (part I), Article 5498; 2007, N 1 (part .I), Article 21; N 21, Article 3213; N 43, Article 5084; N 46, Article 5554; 2008, N 20, Article 2251; N 29 (Part I), Article 3418; N 30 (part II), art. 3616; 2009, N 51, art. 6150; 2010, N 43, art. 5450; N 49, art. 6424; N 51 (part III), art. 6810; 2011, N 30 (part I), art. 4563; N 45, art. 6331; N 47, art. 6606; N 49 (part I), art. 7015, art. 7026; 2012, N 31, art. 4322; N 47, art. 6390; No. 50 (part V), art. 6960; 2013, No. 17, art. 2030; No. 19, art. 2331; No. 30 (part I), art. 4078; 2014, No. 43 , Art. 5799; No. 49 (part VI), Art. 6928; 2015, No. 10, Art. 1420)

I order:

1. Approve the attached form of the passport of the object of cultural heritage (monument of history and culture) of the peoples of the Russian Federation.

2. Recognize invalid the order of the Ministry of Culture of the Russian Federation dated November 11, 2011 N 1055 "On approval of the passport form of a cultural heritage object" (registered by the Ministry of Justice of the Russian Federation on December 1, 2011, registration N 22471).

3. To impose control over the execution of this order on the Deputy Minister of Culture of the Russian Federation G. U. Pirumov.

Minister
V.R. Medinsky

Registered
at the Ministry of Justice
Russian Federation
September 1, 2015,
registration N 38756

Cultural heritage object passport form

APPROVED
by order
Ministry of Culture
Russian Federation
dated July 2, 2015 N 1906

Electronic text of the document
prepared by Kodeks JSC and verified against:
Official Internet portal
legal information
www.pravo.gov.ru, 09/03/2015,
N 0001201509030019

Article 21. Passport of a cultural heritage object

Commentary on Article 21

1. The commented article establishes the requirements for the execution of a passport of a cultural heritage object and its form. Passport of a cultural heritage object- this is the main accounting document for a cultural heritage object (monument of history and culture) of the peoples of the Russian Federation, in which the information contained in the USROKN is entered, and which is drawn up by the relevant body for the protection of cultural heritage objects.
Registration and issuance of a passport of a cultural heritage object is a public service. The applicants may be individuals or legal entities - owners or other legal owners of a cultural heritage object, a land plot within the boundaries of the territory of a cultural heritage object included in the USROKN, or a land plot within the boundaries of which an archaeological heritage object is located. The specified state service is provided free of charge, on the basis of an application for issuing a passport of a cultural heritage object and attached copies of title documents for land plots and real estate, the rights to which are registered in the Unified State Register of Real Estate, which the applicant has the right to submit on his own initiative. The period for issuing a passport of an object of cultural heritage should not exceed 30 days.
Usually, in the subjects of the Russian Federation there are administrative regulations for the provision of this public service. For example, the Order of the Office for the Protection of Cultural Heritage Objects of the Voronezh Region of October 25, 2016 N 71-01-07 / 237 approved the Administrative Regulations for the Protection of Cultural Heritage Objects of the Voronezh Region for the provision of the public service "Issuance and issuance of a passport for a cultural heritage object of the federal , regional and local (municipal) significance". The said Administrative Regulations provide for an exhaustive list of grounds for refusing to provide a public service:
- the object does not have the status of an object of cultural heritage;
- the applicant is not the owner or other legal owner of the specified object of cultural heritage, the land plot within the boundaries of the territory of the object of cultural heritage or the land plot within the boundaries of which the object of archaeological heritage is located;
- the applicant does not have documents confirming his authority to act on behalf of third parties;
- the application does not contain the information necessary for issuing a passport about the address of a cultural heritage object or a description of its location (for objects located outside the boundaries of settlements or without an address);
- The statement is unreadable.
2. Passport form object of cultural heritage approved by the Order of the Ministry of Culture of the Russian Federation of July 2, 2015 N 1906 "On approval of the passport form of a cultural heritage object". It should be noted that there has been a significant reduction in the number of sections of the passport compared to the previously valid form, approved by the Order of the Ministry of Culture of the Russian Federation of November 11, 2011 N 1055 "On Approval of the Form of a Cultural Heritage Object Passport" (repealed 2 July 2015). The current passport form contains 9 sections instead of 25, including:
- information about the name, the time of occurrence or the date of creation and the dates of the main changes (reorganizations) of this object;
- description of the object of protection and photographic image;
- information about the category of historical and cultural significance;
- information about the type of cultural heritage object;
- information about the location and boundaries of the territory of the object of cultural heritage;
- information about the presence of zones of protection of this object of cultural heritage;
- the number and date of the decision by the state authority to include the object of cultural heritage in the USROKN.
The procedure for issuing a passport for an object of cultural heritage is established by Order of the Ministry of Culture of Russia dated June 7, 2016 N 1271 "On approval of the procedure for issuing and issuing a passport for an object of cultural heritage (monument of history and culture) of the peoples of the Russian Federation". The specified Order establishes the requirements for filling in the title page, its sections and for filling out the last page of the passport of a cultural heritage object.
Absence of a cultural heritage object passport is not an administrative offense and does not entail prosecution.
Example: by a decision of a judge of the Partizansky District Court of the Primorsky Territory, an official - the head of the department of culture and youth policy of the administration of the Partizansky urban district was found guilty of an administrative offense under Part 1 of Art. 7.13 of the Code of Administrative Offenses of the Russian Federation. Disagreeing with the decision of the judge, the head of the department of culture and youth policy filed a complaint.
As follows from the materials of the case, the powers of local self-government bodies include the preservation, use and promotion of cultural heritage objects owned by municipalities; state protection of cultural heritage sites of local (municipal) significance. In the course of an inspection carried out by the prosecutor's office of the city of Partizansk, Primorsky Krai, it was found that cultural heritage sites of local and regional significance are in an unsatisfactory condition. In violation of Art. Art. 9, 15 of the Civil Code of the Russian Federation there is an insufficiency of funds allocated for the organization of maintenance of cultural monuments, which entails the failure of the local self-government body to fully fulfill the obligation to maintain the cultural heritage objects belonging to it. In addition, during the inspection of the cultural heritage site - the house in which the artist I.F. Palshkov, it was established that the ownership right does not contain encumbrances, the administration of the Partizansky urban district has not sent information about the presence of encumbrances on the property to the authorities of state registration of property rights.
The court considered that the arguments of the complaint about the insignificance of the above administrative offense are unfounded, since the unsatisfactory condition of cultural heritage objects can lead to the loss of cultural heritage objects and violate the constitutional right of citizens to use historical and cultural monuments.
At the same time, among the circumstances of legal significance in the case of an administrative offense, under Part 1 of Art. 7.13 of the Code of Administrative Offenses of the Russian Federation, includes the presence of violations of the requirements for the preservation, use and state protection of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, violations of the land use regime within the boundaries of the territories of cultural heritage objects, or non-compliance with restrictions established within the boundaries of the zones of protection of cultural heritage objects. From the systematic interpretation of the norms of the current legislation, it follows that the absence of the necessary documents - a passport of a cultural heritage object is not a violation of Part 1 of Art. 7.13 of the Code of Administrative Offenses of the Russian Federation. In this regard, the court considered it necessary to exclude from the decision of the judge of the Partizansky City Court an indication of a violation of Art. 21 of the commented Law (see the decision of the Primorsky Regional Court of July 21, 2016 in case N 12-407/2016).
Absence of a cultural heritage object passport is not an obstacle for state registration of transactions with a cultural heritage object. The passport of a cultural heritage object is provided by the body for the protection of cultural heritage objects at the interdepartmental request of the body that carries out state registration of rights to real estate and transactions with it, and the person who applied for state registration of a transaction has the right to submit a passport of a cultural heritage object on his own initiative.
Example: Kavminenergosbyt LLC applied to the arbitration court with an application to the Office of the Federal Service for State Registration, Cadastre and Cartography in the Stavropol Territory to declare illegal the refusal to state registration of the transfer of ownership of a non-residential building that is an object of cultural heritage. By the decision of the court of August 5, 2016, left unchanged by the Resolution of the Court of Appeal of December 14, 2016, the requirements of the company were satisfied. In the cassation complaint, the Department asks to cancel the contested judicial acts, since the passport of the cultural heritage object was not submitted for state registration, therefore there were no grounds for state registration of the transfer of ownership. As the court of cassation pointed out, the registration of the transfer of ownership is carried out on the basis of the application of the right holder and the documents necessary for its implementation (legal documents). It is not allowed to request additional documents from the applicant. Within the meaning of the above rules, the registering body, when considering an application for registration of the transfer of ownership of real estate, must check within its competence and request only those documents that affect the transfer of property rights from one subject of these rights to another.
The argument that the society did not provide a passport for an object of cultural heritage was rejected. The court pointed out that the passport of a cultural heritage object (the information contained in it) is one of the mandatory documents submitted to the body that carries out state registration of rights to real estate and transactions with it, as an integral annex to the security obligation in transactions with a cultural object. heritage or a land plot within which an object of archaeological heritage is located. The passport of the object of cultural heritage (the information contained in it) is provided by the body for the protection of cultural heritage objects at the interdepartmental request of the body that carries out state registration of rights to real estate and transactions with it. At the same time, the person who applied for the state registration of the transaction has the right to submit a passport of a cultural heritage object on his own initiative (see Resolution of the Arbitration Court of the North Caucasus District of February 22, 2017 N F08-590 / 17 in case N A63-5792 / 2016) .

The GOROD GROUP company, as part of the provision of a range of services for performing the functions of a technical customer, issues a passport for a cultural heritage object in accordance with the established procedure.

Passport of a cultural heritage object

To the object of cultural heritage included in the register, to the owner or other legal owner of the specified object of cultural heritage, the land plot within the boundaries of the territory of the object of cultural heritage included in the register, or the land plot within the boundaries of which the object of archaeological heritage is located, by the relevant body for the protection of cultural heritage objects on the basis of information about the object of cultural heritage contained in the register, a passport of the object of cultural heritage is issued.
The form of the passport of a cultural heritage object is approved by the federal executive body authorized by the Government of the Russian Federation.

Contents of the cultural heritage object passport:
1) information about the name of the object of cultural heritage;
2) information about the time of occurrence or the date of creation of the cultural heritage object, the dates of the main changes (reconstructions) of this object and (or) the dates of historical events associated with it;
3) information about the category of historical and cultural significance of the object of cultural heritage;
4) information about the type of cultural heritage object;
5) the number and date of the adoption by the state authority of the decision to include the object of cultural heritage in the register;
6) information about the location of the object of cultural heritage (the address of the object or, in its absence, a description of the location of the object);
7) information about the boundaries of the territory of the cultural heritage object included in the register;
8) description of the object of protection of the object of cultural heritage;
9) a photographic image of an object of cultural heritage, with the exception of individual objects of archaeological heritage, the photographic image of which is entered on the basis of a decision of the relevant body for the protection of cultural heritage objects;
10) information about the presence of protection zones of this cultural heritage object, indicating the number and date of adoption by the state authority of an act on the approval of these zones, or information about the location of this cultural heritage object within the boundaries of the protection zones of another cultural heritage object.

(information contained therein) is one of the mandatory documents submitted to the body that carries out state registration of rights to real estate and transactions with it, as an integral annex to the security obligation, when carrying out transactions with an object of cultural heritage or a land plot, within which the archaeological site is located.

Passport of a cultural heritage object(information contained in it) is provided by the body for the protection of cultural heritage objects at the interdepartmental request of the body that carries out state registration of rights to real estate and transactions with it, when registering transactions with a cultural heritage object or a land plot within which an object of archaeological heritage is located.

At the same time, a person who applied for state registration of a transaction with an object of cultural heritage or a land plot within which an object of archaeological heritage is located, has the right to submit a passport of an object of cultural heritage on his own initiative.

The issuance of a passport for an object of cultural heritage in Moscow is carried out by the Department of Cultural Heritage of the City of Moscow in accordance with the Decree of the Government of Moscow dated April 17, 2012 No. 147-PP “On Approval of the Administrative Regulations for the Provision of the State Service “Issuance of a Passport for an Object of Cultural Heritage” in the City of Moscow”.

The passport of the object of cultural heritage is prepared according to the form approved by the order of the Ministry of Culture of Russia dated November 11, 2011 No. 1055 “On approval of the form of the passport of the object of cultural heritage”.

The passport is issued for a cultural heritage object registered in the Unified State Register of Cultural Heritage Objects (monuments of history and culture) of the peoples of the Russian Federation.

To obtain a passport for a cultural heritage object, you must personally or through a legal representative submit to the Department of Cultural Heritage of the City of Moscow a list of required documents published on the portal of city services.

Documents required for issuing a passport of a cultural heritage object:

2. Copy of the main identity document of the applicant

3. Document confirming the authority of the applicant's representative

4. Extract from the Unified State Register of Rights to Real Estate and Transactions with It

Suspension of the provision of public services

There are no grounds for suspending the provision of public services

Grounds for refusal to accept documents required for the provision of public services

1. Non-compliance of the documents submitted by the applicant with the established requirements

2. Submission by the applicant of an incomplete set of documents

3. The documents submitted by the applicant contain conflicting information

The list of grounds for refusal to accept documents required for the provision of public services is exhaustive

A written decision to refuse to accept an application and other documents required to receive a public service is issued at the request of the applicant, indicating the reasons for the refusal.

Press Center - GOROD GROUP

Shooting date (day, month, year)

I. Name of the object

Manor S.M. Rukavishnikova: 1. Mansion. 2. Outbuilding 3. Service building

4. Stable building.

II. Time of creation (occurrence) of the object

and/or the date of the associated

1875 - 1877

III. Address (location) of the object of cultural heritage

(according to the state registration of cultural heritage objects)

Nizhny Novgorod, Verkhne-Volzhskaya embankment, 7

IV . Type of cultural heritage object

V. General species affiliation of the cultural heritage object

VI. Use of a cultural heritage site or user

Notes:

VII. Brief historical information about the object of cultural heritage

The estate, stretched along Malaya Pecherskaya (now Piskunova) street and facing the edge of the Volga slope, is fixed on the plans of Nizhny Novgorod at the end of the 18th century. At that time, there were no residential and outbuildings on the back of the "manor place". They appear at the beginning of the 19th century, which was associated with the allocation of a separate estate, which was finally formed by the beginning of the 1850s. This was reflected in the design and fixation plan of the city in 1848-1853. (Shooting sheet of 1852 and 1853). At that time, a stone house overlooked the red line of the Bolshaya (now Verkhne-Volzhskaya) embankment, behind which there were utility and auxiliary buildings that formed a small courtyard; about half of the "manor place" was occupied by a garden. Judging by the documents of the early 1850s, the estate belonged to the Nizhny Novgorod merchant of the 3rd guild S.G. Vezlomtsev, and the main building is marked as a “stone two-story house with a mezzanine”. The possible author of the building project was the architect G.I. Kiesewetter. Later, the estate becomes the property of M.G. Rukavishnikov, the founder of one of the most famous Nizhny Novgorod merchant families, and then one of his sons, S.M. Rukavishnikov, who undertook new estate construction. As a result, along the red line of the embankment, the current main three-story manor building (“palace”) is being built, the spatial and compositional structure of which was decided in the style of Italian Renaissance palazzos. Design drawings for the building were not found. The revealed archival materials indicate that the author of the project was the architect P.S. Fighters. In addition, a significant role belonged to the engineer-architect R.Ya. Kilevane, who supervised the construction. The authorship of the facade decor is traditionally attributed to the artist M.O. Mikeshin, but at the moment there is no documentary evidence of this. Perhaps, during the construction, the old building was also included in the new volume (in its right wing). The main construction was carried out in 1875-1877, the interior decoration of the house was fully completed in 1879 or 1880. During the new construction, a fragment of the remains of the earth embankment of the former medieval fortifications of the Upper Posad, which were located on the territory of the garden plot, was leveled. Almost simultaneously, new outbuildings were being built - an outbuilding, stables, a one-story stone building for a locomobile, the area of ​​\u200b\u200bthe garden was being reduced, and a blank brick wall was being erected along the line of Malaya Pecherskaya Street. In 1918, the estate was nationalized (municipalized), the main house was given over to the placement of expositions of the provincial museum (now NGIAMZ). In the 1920-1930s. The former manor buildings are also transferred to the museum, the internal re-planning of the main house is carried out, and partial repairs are carried out. The appearance of the estate buildings was somewhat changed, the original external decoration of the main house was almost completely preserved: a significant loss was the disappearance of the artistically executed metal canopy over the main entrance, based on two cast-iron pillars. Regularly held in the 1950s-1980s. repair work, due to lack of funding, was stopped in the early 1990s, the buildings fell into disrepair, and the museum was closed to the public. In 1995, the yard building was reconstructed, which included internal redevelopment, the installation of an attic and an internal frame, after which the depository was located in the building. Since the mid 2000s. repair and restoration work was resumed to restore the main manor house.

According to the updated data, the following name and dating of the cultural heritage object is proposed: “The estate of S.M. Rukavishnikov. 1. Main house. 2. Outbuilding. 3. Service building. 4. Stable building. 5. Entrance gate. 6. Brick fence. 1875 - 1877".

Auth. Davydov A.I., historian

Auth. Krasnov V.V., historian

Passport of a cultural heritage object

"...1. For a cultural heritage object included in the register, the owner of this object is issued a passport of the cultural heritage object by the relevant body for the protection of cultural heritage objects. Information constituting the subject of protection of this cultural heritage object, and other information contained in register.

The form of the passport of a cultural heritage object is approved by the federal executive body authorized by the Government of the Russian Federation.

(as amended by Federal Law No. 160-FZ of July 23, 2008)

2. The passport of a cultural heritage object (the information contained in it) is one of the mandatory documents submitted to the body that carries out state registration of rights to real estate and transactions with it, when making transactions with a cultural heritage object or a land plot within which the object is located archaeological heritage. The passport of the cultural heritage object (the information contained in it) is provided by the body for the protection of cultural heritage objects at the interdepartmental request of the body that carries out state registration of rights to real estate and transactions with it, when registering transactions with a cultural heritage object or a land plot within which the object is located archaeological heritage. At the same time, a person who applied for state registration of a transaction with an object of cultural heritage or a land plot within which an object of archaeological heritage is located, has the right to submit a passport of an object of cultural heritage on his own initiative ... "

Source:

Federal Law No. 73-FZ of June 25, 2002 (as amended on November 12, 2012) "On Cultural Heritage Objects (Monuments of History and Culture) of the Peoples of the Russian Federation"

Official terminology. Akademik.ru. 2012 .

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