ST 243 of the Criminal Code of the Russian Federation . Destruction or damage to cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation included in the unified state register of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, identified cultural heritage sites, natural complexes, objects taken under state protection, or cultural values
1. Destruction or damage to cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation included in the unified state register of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, identified cultural heritage sites, natural complexes, objects taken under state protection , or cultural property - shall be punishable by a fine in the amount of up to three million rubles, or in the amount of the wages or other income of the convicted person for a period of up to three years, or by compulsory labor for a term of up to four hundred hours, or by forced labor for a term of up to three years, or by imprisonment for a period of up to three years. the same period.
2. Acts provided for in part one of this article, committed in relation to particularly valuable objects of cultural heritage of the peoples of the Russian Federation, objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation included in the World Heritage List, historical and cultural reserves or museum reserves, or in relation to objects of archaeological heritage included in the unified state register of objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, or identified objects of archaeological heritage - are punishable by a fine in the amount of up to five million rubles or in the amount of the salary or other income of the convicted person for the period up to five years, or compulsory labor for a term of up to four hundred eighty hours, or forced labor for a term of up to five years, or imprisonment for a term of up to six years.
Commentary to Art. 243 Criminal Code
1. The subject of the crime is: a) objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, included in the unified state register of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, identified objects of cultural heritage (see Federal Law dated 25 June 2002 N 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation”); b) natural complexes - objects of special environmental, scientific, cultural, aesthetic, recreational and health value, the protection of which is carried out through the organization and establishment of a specially protected territory regime; c) objects taken under state protection; d) cultural values (see commentary to Article 190 of the Criminal Code). Qualified personnel (Part 2) presupposes responsibility for actions in relation to special subjects of the crime.
2. The objective side is expressed in the commission of one of the actions specified in the disposition of the commented article. The crime is completed from the moment of destruction or damage to the relevant objects or items.
Simple composition
We should start with the fact that this criminal law establishes liability for damage or destruction of objects belonging to the cultural heritage of the country. However, not all, but only those that belong to the peoples of the Russian Federation. In addition, they must be included in a single special register of cultural and historical monuments. The article also talks about natural complexes, identified objects of cultural heritage, and those that are under state protection, or other cultural values. The complex wording proposed by the legislator is difficult to understand. A detailed analysis of each point will be presented below.
Part one of the analyzed article states that damage or destruction of objects related to the cultural heritage of the peoples of our country (cultural and historical monuments) included in the register (special list), as well as identified objects that are part of the cultural heritage, or taken under protection of the state, cultural values, natural complexes is punishable by a fine. The upper limit of its size is 3 million rubles, or it is calculated in the equivalent of the salary (other earnings) of the convicted person for a period of up to 3 years.
As alternative sanctions, part one of Article 243 of the Russian Federation specifies the following:
- up to 400 hours of compulsory work;
- up to 3 years of compulsory work;
- up to 3 years of imprisonment of the convicted person.
Second commentary to Art. 243 of the Criminal Code of the Russian Federation
1. The object of the crime is public morality in the field of spiritual and cultural life.
2. The subject of the crime is:
1) monuments of history and culture of the peoples of the Russian Federation, included in the unified state register of monuments of history and culture of the peoples of the Russian Federation;
2) identified objects of cultural heritage;
3) natural complexes, objects taken under state protection;
4) cultural values.
3. On the concept of historical and cultural monuments of the peoples of the Russian Federation included in the unified state register of historical and cultural monuments of the peoples of the Russian Federation, see the Regulations on the unified state register of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, approved by the Ministry of Culture of the Russian Federation, dated 03.10. .2011 No. 954 (as amended on 08/05/2015).
4. Under the identified object of cultural heritage, the Federal Law of June 25, 2002 No. 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation” recognizes an object not included in the register that has the characteristics of a cultural heritage object in respect of which a conclusion has been made state historical and cultural examination on its inclusion in the register as an object of cultural heritage.
5. Natural complexes include state reserves and sanctuaries, unique forests, lakes, rare geological formations, natural landscapes of special scientific or cultural value.
6. Objects taken under state protection are objects (buildings, structures, structures, monuments, etc.) included in Appendix 1 (List of objects subject to state protection) to the Decree of the Government of the Russian Federation dated August 14, 1992, as amended. dated January 15, 2013).
7. On cultural property, see Law of the Russian Federation of April 15, 1993 No. 4804-I “On the export and import of cultural property,” as amended. dated December 28, 2017, as well as the above-mentioned law dated June 25, 2002 No. 73-FZ.
8. The subject of the qualified elements of this crime (Part 2) are:
a) especially valuable objects of cultural heritage of the peoples of the Russian Federation included in the UNESCO World Heritage List (there are currently 28 of them);
b) historical and cultural reserves or museum-reserves;
c) objects of archaeological heritage included in the unified state register of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation;
d) identified objects of archaeological heritage.
9. The objective side of the crime is characterized by actions: destruction or damage to objects or objects specified in the disposition of the commented article. For destruction or damage, see comments to Art. 167 of the Criminal Code.
10. The crime must be considered completed from the moment of destruction or at least damage to any of the objects named in the article.
11. The subjective side is characterized by direct or indirect intent.
12. The subject may be a person who has reached the age of 16 years.
Qualified staff
Part two of the article provides for a qualified type of crime: damage or destruction of not simple monuments or objects of national significance, but especially valuable ones. They can be determined according to an exhaustive list (list) approved by Presidential Decree. If there is a need, then to establish the special value of a document or item, an appropriate examination (ecological, art history, etc.) is carried out.
For committing a qualified crime, Part 2 of Article 243 of the Criminal Code provides for one of the following alternative punishments:
- up to 5 million rubles a fine, or in the equivalent of the convicted person’s salary (any other income) for 5 years;
- up to 480 hours of compulsory work;
- up to 5 years of forced labor;
- up to 6 years of imprisonment for the convicted person.
Subjective side and subject
The subjective side is characterized by the legislator as direct intent in terms of action and indirect - in relation to the cultural and historical value of the object. The commission of the actions described above, which constitute the objective side, through negligence excludes liability under the analyzed criminal norm.
Subject of the criminal act: a person over 16 years of age, sane. If the destruction or damage to an object of historical and/or cultural value was committed by an official, then he may additionally be held liable under Art. 285.286.
Actions involving desecration of cultural and historical monuments, damage to memorial plaques, plaques, and writing on them are not subject to qualification under Article 243. If there are signs determined by the legislator, the act is assessed from the point of view of Article 214 of the Criminal Code.
Case Study
The citizen was found guilty of intentionally destroying an object related to the cultural heritage of the city, identified and taken under state protection in the prescribed manner.
The culprit, being the general director of an open joint-stock company, repeatedly received notifications from the administration of the locality that the OJSC owned a building at a certain address and that it was recognized as an object of cultural heritage. The city authorities demanded to ensure the safety of this architectural structure, the immutability of its appearance and interior.
The culprit attempted to deliberately demolish the said building. However, due to circumstances beyond his control, he did not complete what he started. As a result, only part of the façade was destroyed.
The court qualified his actions under Part 1 243 of the Criminal Code and imposed a sanction in the form of a fine of 100 thousand rubles.
Natural monuments
Natural monuments, in accordance with the comments to the Criminal Code (Article 243), should be understood as irreplaceable and unique natural complexes that have special environmental, aesthetic, scientific, health, cultural and recreational significance. They are always completely or partially withdrawn from economic use. In addition, natural monuments include objects of cultural or natural origin, for which a special protection procedure has been established. These include state natural reserves and parks, dendrological parks, wildlife sanctuaries, botanical gardens, water areas and territories suitable for organizing the prevention and treatment of diseases, recreation, and having medicinal natural resources. They can be the subject of a crime only if they are taken under protection in accordance with the procedure established by law.
Monuments of culture and history
Only those objects that have two characteristics at once can be recognized as cultural and historical monuments, namely: cultural significance and special status. Firstly, these include material values (memorable places, objects, structures), which are in one way or another connected with the historical development of the state and its society, certain events in the life of the people, as well as works of spiritual creativity (literature, art) that have scientific , cultural, historical, artistic and other value. Secondly, they all must be registered and included in the list (set) of heritage sites of all-Russian (federal) significance.
Characteristics of the object of the crime and its objective side
The direct object of the crime, which is classified under Article 243 of the Criminal Code, is the morality of society in the field of culture and spiritual life.
The legislator characterizes the objective side as the destruction or damage of monuments, objects, objects and documents specified in the first part of the norm. The composition is material. The legislator recognizes the criminal act as completed from the moment the specified object is damaged or destroyed.
What exactly should be meant by these actions is written in detail in Art. 167 of the Criminal Code. Thus, destruction is the rendering of the corresponding material object completely unusable. In this case, the latter forever loses any value and cannot be used in the future for its intended purpose. This could be liquidation, destruction, extermination, etc. For example, deforestation in nature reserves.
If an object has changed as a result of the removal of its individual parts or fragments, and this is noticeable not only to specialists, but also to other persons, then we are talking about damage. The methods of doing it are different: flooding, logging, pollution, etc.
To qualify a criminal act under Article 243 of the Criminal Code of the Russian Federation, the way in which the object was damaged or destroyed does not matter.
Valuable items and documents
By referring to the comments to Article 243, you can find out the essence of these items of crime. From the point of view of history and culture, objects and documents are valuable if they are connected with events that took place in the lives of peoples, with the formation and development of the state and society, crafts and technology, the history of science, or relate to the life of outstanding personalities. Sources of information confirming their value (historical and cultural) can be fragments and objects obtained as a result of archaeological excavations, drawings and paintings, ancient books, archives, manuscripts, etc.
