New edition of Art. 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 values -
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 the same term.
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 -
shall be punishable by a fine in the amount of up to five million rubles, or in the amount of the wages or other income of the convicted person for a period of up to five years, or by compulsory labor for a term of up to four hundred eighty hours, or by forced labor for a term of up to five years, or by imprisonment for a term of up to six years. .
Commentary on Article 243 of the Criminal Code of the Russian Federation
1. The main object of criminal encroachment is history and culture as social and moral values, and the additional object is someone else’s property.
2. The objects of encroachment are important, which include: a) historical monuments; b) cultural monuments; c) natural complexes; d) other objects taken under state protection; e) documents and objects of historical or cultural value.
3. Historical and cultural monuments are objects protected by the state and included in the relevant regulations as such, constituting part of the cultural heritage of the country, people, and humanity. These include works of art created to perpetuate people or historical events: a sculptural group, a statue, a bust, a slab with a relief or inscription, a triumphal arch, a column, memorial structures.
4. Natural monuments are natural objects that have special environmental, cultural, educational, medical and aesthetic significance. For example, waterfalls, geological outcrops; unique lakes, state reserves, state reserves, trees, etc., recognized as natural monuments and protected by the state (Federal Law dated March 14, 1995 N 33-FZ “On Specially Protected Natural Areas” (as amended on December 4, 2006) <1 >). ——————————— <1> NW RF. 1995. N 12. Art. 1024; 2002. N 1 (part 1). Art. 2; 2005. N 1 (part 1). Art. 25, N 19. Art. 1752; 2006. N 50. Art. 5279.
5. Other objects taken under state protection include botanical gardens, parks, certain territories and water areas (suitable for recreation, organization of treatment and prevention of diseases), etc.
6. Documents and objects of historical and cultural value are regulated by law. They must have special value, be exceptional, unique.
Such objects and documents can be discovered during archaeological excavations; they represent objects and values associated with historical events, the activities of prominent personalities, reflecting historical events in the life of the people, state, and society.
7. The objective side of the crime is characterized by the destruction or damage of these items.
8. For destruction or damage to objects (documents) of historical or cultural value, see the comments. to Art. 164, 167.
9. The elements of a crime are material, therefore, a causal connection must be established between the action (inaction) of the criminal and the material consequence that occurs.
10. The subjective side of the crime is characterized by guilt in the form of direct or indirect intent.
11. The general subject of a criminal offense is a sane individual who has reached the age of 16.
12. The qualifying circumstance of the crime associated with its subject is particularly valuable objects or monuments of national significance. They are understood as objects included in the State Code of Particularly Valuable Objects of Cultural Heritage of the Peoples of the Russian Federation, as well as in the List of Objects of Historical and Cultural Heritage of Federal (All-Russian) Significance, approved. By Decree of the President of the Russian Federation of February 20, 1995 N 176 <1>. These are, first of all, historical and cultural monuments, protected as monuments of national importance (museum-reserves, museum complexes, for example Peterhof, the Moscow Kremlin, Suzdal, the Peter and Paul Fortress, etc.). This category of items also includes cultural values that are not subject to export from the Russian Federation. ——————————— <1> NW RF. 1995. N 9. Art. 734.
13. The main element of the crime reflects intentional crimes of minor gravity, qualified crimes - of medium gravity.
Commentary to Art. 243 of the Criminal Code of the Russian Federation
The object of the crime is public morality in the field of maintenance and preservation of historical and cultural monuments.
Federal Law of June 25, 2002 N 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation” determines that objects of cultural heritage include real estate objects with associated works of painting, sculpture, arts and crafts art, objects of science and technology and other objects of material culture that arose as a result of historical events, representing value from the point of view of history, archeology, architecture, urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture and being evidence of eras and civilizations, authentic sources of information about the origin and development of culture.
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NW RF. 2002. N 26. Art. 2519.
Objects of cultural heritage in accordance with the specified Federal Law are divided into the following types:
- monuments - individual buildings, buildings and structures with historically established territories (including religious monuments: churches, bell towers, chapels, cathedrals, churches, mosques, Buddhist temples, pagodas, synagogues, houses of worship and other objects specifically intended for worship ); memorial apartments; mausoleums, separate burials; works of monumental art; objects of science and technology, including military ones; traces of human existence partially or completely hidden in the ground or under water, including all movable objects related to them, the main or one of the main sources of information about which are archaeological excavations or finds;
- ensembles - clearly localized in historically established territories, groups of isolated or combined monuments, buildings and structures for fortification, palace, residential, public, administrative, commercial, industrial, scientific, educational purposes, as well as monuments and buildings for religious purposes (temple complexes, datsans, monasteries, farmsteads), including fragments of historical plans and developments of settlements that can be classified as urban planning ensembles; works of landscape architecture and landscape art (gardens, parks, squares, boulevards), necropolises;
- places of interest - creations created by man, or joint creations of man and nature, including places where folk arts and crafts exist; centers of historical settlements or fragments of urban planning and development; memorable places, cultural and natural landscapes associated with the history of the formation of peoples and other ethnic communities on the territory of the Russian Federation, historical (including military) events, the life of outstanding historical figures; cultural layers, remains of buildings of ancient cities, settlements, settlements, sites; places of religious ceremonies.
The Russian Federation maintains a Unified State Register of Cultural Heritage Objects (historical and cultural monuments) of the peoples of the Russian Federation.
The subject of the crime under Part 1 of Art. 243 of the Criminal Code of the Russian Federation, are historical and cultural monuments of regional and local significance, as well as objects and documents of historical or cultural value (we are talking about movable historical and cultural values, defined by the Law of the Russian Federation of April 15, 1993 N 4804-1 “On import and export of cultural property").
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Gazette of the SND and the Armed Forces of the Russian Federation. 1993. N 20. Art. 718.
The objective side of the crime is characterized by the destruction or damage to historical and cultural monuments, natural complexes or objects taken under state protection, as well as objects or documents of historical or cultural value.
Destruction is the complete liquidation (extermination) of historical and cultural monuments, natural complexes and objects, as well as objects and documents of historical or cultural value.
Damage is a relatively minor damage to the specified objects and items, which significantly reduces their historical, scientific or cultural value.
The crime is completed from the moment the harmful consequences specified in the law occur (destruction or damage to historical and cultural monuments). The corpus delicti is material.
The subjective side of the crime is characterized by intentional guilt. Intention can be either direct or indirect.
The general subject of the crime is a person who has reached the age of sixteen.
The law recognizes the same acts committed in relation to particularly valuable objects or monuments of national significance as a qualified type of crime.
The Decree of the President of the Russian Federation of November 30, 1992 approved the Regulations on especially valuable objects of the cultural heritage of the peoples of the Russian Federation. Particularly valuable objects of the cultural heritage of the peoples of the Russian Federation (hereinafter referred to as especially valuable objects) include historical, cultural and natural complexes located on its territory, architectural ensembles and structures, enterprises, organizations and cultural institutions, as well as other objects representing material, intellectual and artistic values of an exemplary or unique nature from the points of view of history, archaeology, culture, architecture, science and art.
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Gazette of the SND and the Armed Forces of the Russian Federation. 1992. N 49. Art. 2936.
Objects classified as particularly valuable are included in the State Code of Especially Valuable Objects of Cultural Heritage of the Peoples of the Russian Federation and can be submitted to UNESCO for inclusion in the World Heritage List on behalf of the Russian Federation.
Particularly valuable objects, in particular, include cultural values that are not subject to export from the Russian Federation; items directly classified as particularly valuable objects of cultural heritage, etc.
Another comment on Art. 243 of the Criminal Code of the Russian Federation
1. The subject of the crime is: a) historical and cultural monuments - objects of material culture of federal, regional or local significance that have historical, artistic, scientific or other cultural value and are registered in the state lists of historical and cultural monuments; b) natural complexes and objects taken under state protection, which are specially protected natural areas (state nature reserves, national parks, nature reserves; natural monuments, botanical gardens, etc.); c) objects taken under state protection - various buildings and other structures, territories of historical significance; d) objects and materials of historical or cultural value - objects obtained as a result of archaeological excavations, artistic treasures, ancient books, unique musical instruments, postage stamps and other collectibles, rare collections of flora and fauna, etc.
2. The objective side of the crime includes two alternative actions: destruction or damage to the specified objects.
Commentary to Art. 244 of the Criminal Code of the Russian Federation
Commentary edited by Esakova G.A.
1. The subject of the crime is the bodies of the dead, burial places, grave structures, cemetery buildings intended for ceremonies involving the burial of the dead or their commemoration.
2. The objective side of the crime is expressed in the commission of one of the actions listed in the disposition. Abuse of the bodies of the dead - actions in relation to buried or temporarily unburied remains, such as removing a body, a coffin with a body from the grave, removing objects from the body of the deceased, undressing, dismembering a corpse, etc. Desecration means the application of offensive inscriptions, signs, drawings that are incompatible with the purpose of the structure or object.
3. Actions to destroy or damage symbolic graves that do not contain human remains (with the exception of buildings dedicated to the fight against fascism or victims of fascism), as well as actions to steal objects located on or near the grave, do not fall within the scope of this action. articles.
Commentary to Art. 243.2 of the Criminal Code
1. The objective side involves actions to search and (or) remove archaeological objects from places of occurrence on the surface of the earth, in the ground or under water. A mandatory sign of a crime is the absence of a permit (open sheet) (see Article 45.1 of the Federal Law of June 25, 2002 N 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation”).
2. The crime is considered completed from the moment of damage or destruction of the cultural layer (note to the article), i.e. in fact, in most cases from the moment the act begins.
3. Qualified (part 2) and especially qualified elements of crime (part 3) imply, among other things, liability for actions committed in a certain place or with the use of special instruments for committing a crime (note 2 to the article).
Judicial practice under Article 243 of the Criminal Code of the Russian Federation
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 31, 2019 N 5-APU19-81
to the competent authorities of the Republic of Belarus for criminal prosecution under Part 4 of Art. 210 of the Criminal Code of the Republic of Belarus and the refusal to extradite him in order to bring him to criminal liability under Part 2 of Art. 243, art. 242 of the Criminal Code of the Republic of Belarus, and the complaints of the lawyers of Razumovsky A.L. and Tyurina A.V. in the interests of Demidov V.P. left unsatisfied.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated February 15, 2018 N 4-APU18-1
On July 12, 2022, the General Prosecutor's Office of the Republic of Belarus addressed the General Prosecutor's Office of the Russian Federation with a request for the extradition of a citizen of the Republic of Belarus, A.I. Plyut, who is located on the territory of the Russian Federation. to bring him to criminal responsibility on charges of committing crimes under Part 2 of Art. 243 of the Criminal Code of the Republic of Belarus (tax evasion resulting in damage on an especially large scale), Part 4 of Art. 209 of the Criminal Code of the Republic of Belarus (fraud committed on an especially large scale) and Part 2 of Art. 205 of the Criminal Code of the Republic of Belarus (secret theft of someone else’s property, committed repeatedly).
Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 29, 2021 N 72-UDP21-12-K8
according to clause “a”, part 3, art. 163 of the Criminal Code of the Russian Federation (victim IP M.) to 5 years 4 months of imprisonment, under clause “a”, part 4 of art. 158 of the Criminal Code of the Russian Federation (victim S.) to 4 years and 3 months in prison, under Part 3 of Art. , clause “a”, part 4, art. 158 of the Criminal Code of the Russian Federation (victim IP G.) taking into account Part 3 of Art. of the Criminal Code of the Russian Federation to 3 years 6 months of imprisonment, under clause “***”, part 4 of art. 158 of the Criminal Code of the Russian Federation (victim V.) to 4 years in prison, under Part 3 of Art. 127 of the Criminal Code of the Russian Federation (victim S.) to 3 years 6 months of imprisonment, under paragraph “a”, part 3 of Art. 126 of the Criminal Code of the Russian Federation (victims S. and R.) to 4 years 6 months of imprisonment, under paragraph “a” of Part 3 of Art. 163 of the Criminal Code of the Russian Federation (victim S.) to 5 years in prison, under Part 3 of Art. , clause “a”, part 4, art. 158 of the Criminal Code of the Russian Federation (victim R.) taking into account Part 3 of Art. of the Criminal Code of the Russian Federation to 4 years in prison, under Part 1 of Art. 161 of the Criminal Code of the Russian Federation (victim S.) to 2 years in prison, under Part 1 of Art. 243 of the Criminal Code of the Russian Federation (administration of the State Enterprise “… “) taking into account Part 2 of Art. of the Criminal Code of the Russian Federation to a fine of 45,000 rubles, on the basis of paragraph “a” of Part 1 of Art. , art. The Criminal Code of the Russian Federation is exempt from criminal liability due to the expiration of the statute of limitations for bringing to criminal liability;
