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.
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.
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.
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.
Commentary on Article 243 of the Criminal Code of the Russian Federation
1. Historical and cultural monuments are objects that have a combination of two characteristics:
1) cultural significance;
2) special legal status.
Firstly, these are objects of the material world (structures, memorable places and objects) associated with historical events in the life of the people, the development of society and the state, works of material and spiritual creativity (art and literature) that have historical, artistic, scientific or other cultural value. value.
Secondly, they must be registered as such and included in the list (set) of objects of historical and cultural federal (all-Russian) significance. Such a list, upon the recommendation of the Government of the Russian Federation, is approved by the President of the Russian Federation.
2. Natural monuments are unique, irreplaceable natural complexes that have special environmental, scientific, cultural, aesthetic, recreational and health value, completely or partially withdrawn from economic use, as well as objects of natural or cultural origin for which a special protection regime has been established (Federal Law of February 15, 1995 N 33-FZ “On Specially Protected Natural Areas” <1>). These include:
——————————— <1> NW RF. 1995. N 12. Art. 1024.
— state natural reserves;
- National parks;
— natural parks;
— state nature reserves;
— natural monuments;
— dendrological parks and botanical gardens;
— territories and water areas suitable for organizing treatment and prevention of diseases, as well as for recreation of the population and possessing natural healing resources.
3. Objects and documents of historical or cultural value are recognized as objects and documents related to events in the life of peoples, the development of society and the state, history and science, crafts and technology, related to the life and work of outstanding personalities.
4. For the content of destruction and damage, see the commentary to Art. 167 of the Criminal Code.
5. The crime is completed from the moment of destruction or damage to the object specified in the law.
6. The subjective side of the crime is characterized by direct intent.
7. The subject of the crime is a person who has reached the age of 16 years.
8. Part 2 of the commented article provides for a qualified type of crime: destruction or damage to particularly valuable objects or monuments of national significance. These may include objects and monuments included in the list (set) of objects of historical and cultural heritage of federal (all-Russian) significance.
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.
Rules of user conduct on the site
Part 2 of Article 232 of the Labor Code of the Russian Federation:
An employment contract or written agreements attached to it may specify the financial liability of the parties to this contract. At the same time, the contractual liability of the employer to the employee cannot be lower, and the employee to the employer – higher, than is provided for by this Code or other federal laws.
Article 233 of the Labor Code of the Russian Federation:
The financial liability of a party to an employment contract arises for damage caused by it to the other party to this contract as a result of its culpable unlawful behavior (actions or inaction), unless otherwise provided by this Code or other federal laws.
Each party to the employment contract is obliged to prove the amount of damage caused to it.
Article 238 of the Labor Code of the Russian Federation:
The employee is obliged to compensate the employer for direct actual damage caused to him. Lost income (lost profits) cannot be recovered from the employee.
Direct actual damage is understood as a real decrease in the employer’s available property or deterioration in the condition of said property (including property of third parties located at the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to make costs or excessive payments for the acquisition, restoration of property or compensation for damage caused by the employee to third parties.
Article 239 of the Labor Code of the Russian Federation:
The employee's financial liability is excluded in cases of damage arising due to force majeure, normal economic risk, extreme necessity or necessary defense, or the employer's failure to fulfill the obligation to provide adequate conditions for storing property entrusted to the employee.
Article 241 of the Labor Code of the Russian Federation:
For damage caused, the employee bears financial liability within the limits of his average monthly earnings, unless otherwise provided by this Code or other federal laws.
Article 242 of the Labor Code of the Russian Federation:
The employee’s full financial liability consists of his obligation to compensate the direct actual damage caused to the employer in full.
Financial liability in the full amount of damage caused may be assigned to the employee only in cases provided for by this Code or other federal laws.
Employees under the age of eighteen bear full financial liability only for intentional damage, for damage caused while under the influence of alcohol, drugs or other toxic substances, as well as for damage caused as a result of a crime or administrative violation.
Article 243 of the Labor Code of the Russian Federation:
Financial liability in the full amount of damage caused is assigned to the employee in the following cases:
1) when, in accordance with this Code or other federal laws, the employee is held financially liable in full for damage caused to the employer during the performance of the employee’s job duties;
2) shortage of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document;
3) intentional infliction of damage;
4) causing damage while under the influence of alcohol, drugs or other toxic substances;
5) damage caused as a result of the employee’s criminal actions established by a court verdict;
6) damage caused as a result of an administrative violation, if established by the relevant government body;
7) disclosure of information constituting a secret protected by law (state, official, commercial or other), in cases provided for by this Code and other federal laws;
causing damage not while the employee was performing his job duties.
Financial liability in the full amount of damage caused to the employer can be established by an employment contract concluded with the deputy heads of the organization and the chief accountant.
Article 244 of the Labor Code of the Russian Federation:
Written agreements on full individual or collective (team) financial liability (clause 2 of part one of Article 243 of this Code), that is, on compensation to the employer for damage caused in full for the shortage of property entrusted to employees, can be concluded with employees who have reached the age of eighteen years and directly servicing or using monetary, commodity values or other property.
Lists of works and categories of workers with whom these contracts can be concluded, as well as standard forms of these contracts, are approved in the manner established by the Government of the Russian Federation.
Resolution of the Ministry of Labor of the Russian Federation dated December 31, 2002 N 85 “On approval of lists of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual or collective (team) financial responsibility, as well as standard forms of agreements on full financial responsibility”
Article 277 of the Labor Code of the Russian Federation:
The head of the organization bears full financial responsibility for direct actual damage caused to the organization.
In cases provided for by federal laws, the head of the organization compensates the organization for losses caused by his guilty actions. In this case, the calculation of losses is carried out in accordance with the norms provided for by civil law.
Clauses 1-2 of Article 53.1 of the Civil Code of the Russian Federation dated November 30, 1994 N 51-FZ:
1. A person who, by virtue of the law, another legal act or the constituent document of a legal entity, is authorized to act on its behalf (clause 3 of Article 53), is obliged to compensate, at the request of the legal entity, its founders (participants) acting in the interests of the legal entity, losses, caused to a legal entity through his fault.
A person who, by virtue of the law, another legal act or the constituent document of a legal entity, is authorized to act on its behalf, shall be liable if it is proven that in the exercise of his rights and performance of his duties he acted in bad faith or unreasonably, including if his actions ( inaction) did not correspond to the usual conditions of civil turnover or normal business risk.
2. The responsibility provided for in paragraph 1 of this article is also borne by members of collegial bodies of a legal entity, with the exception of those of them who voted against the decision that caused losses to the legal entity, or, acting in good faith, did not take part in the vote.
Paragraph 4 of paragraph 13 of Article 9.2 of the Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations”:
The head of a budgetary institution is liable to the budgetary institution in the amount of losses caused to the budgetary institution as a result of a major transaction in violation of the requirements of the first paragraph of this paragraph, regardless of whether this transaction was declared invalid.
Federal Law of November 3, 2006 N 174-FZ “On Autonomous Institutions”
Part 3 of Article 15:
3. The head of an autonomous institution shall be liable to the autonomous institution in the amount of losses caused to the autonomous institution as a result of a major transaction in violation of the requirements of this article, regardless of whether this transaction was declared invalid.
Part 4 of Article 17:
4. An interested person who has violated the obligation provided for in Part 4 of Article 16 of this Federal Law shall be liable to the autonomous institution in the amount of losses caused to him as a result of a transaction in which there is an interest, in violation of the requirements of this article, regardless of whether it was whether this transaction is declared invalid, unless it proves that it did not know and could not know about the proposed transaction or about its interest in its completion. The same responsibility is borne by the head of an autonomous institution who is not a person interested in completing a transaction in which there is an interest, unless he proves that he did not know and could not know about the existence of a conflict of interest in relation to this transaction.
Paragraph 2 of Article 44 of the Federal Law of 02/08/1998 N 14-FZ “On Limited Liability Companies”:
2. Members of the board of directors (supervisory board) of the company, the sole executive body of the company, members of the collegial executive body of the company, as well as the manager are liable to the company for losses caused to the company by their guilty actions (inaction), unless other grounds and the amount of liability are established by federal laws. In this case, members of the board of directors (supervisory board) of the company, members of the collegial executive body of the company who voted against the decision that caused losses to the company, or who did not take part in the voting, are not liable.
Clause 2 of Article 25 of the Federal Law of November 14, 2002 N 161-FZ “On State and Municipal Unitary Enterprises”:
2. The head of a unitary enterprise bears responsibility in accordance with the procedure established by law for losses caused to the unitary enterprise by his guilty actions (inaction), including in the event of loss of property of the unitary enterprise.
Part 5 of Article 22 of the Federal Law of July 18, 2009 N 190-FZ “On Credit Cooperation”:
5. The sole executive body of a credit cooperative, through whose fault the credit cooperative suffered losses, is obliged to compensate the credit cooperative for these losses in the manner established by federal laws and the charter of the credit cooperative.
Part 1 of Article 21 of the Federal Law of November 29, 2007 N 286-FZ “On Mutual Insurance”:
1. Members of the board of the company and the director of the company are liable to the company for losses caused to the company by their guilty actions (inaction), unless other grounds for liability are provided for by federal laws. In this case, members of the board who voted against a decision that caused losses to the company, or did not take part in voting, are exempt from liability.
Part 2 of Article 46 of the Federal Law of December 30, 2004 N 215-FZ “On Housing Savings Cooperatives”:
2. Officials of the cooperative shall be liable to the cooperative for losses caused to the cooperative by their guilty actions (inaction), unless other grounds and the amount of liability are established by federal laws. These persons are considered innocent if they have taken all measures to properly perform their duties. Absence of guilt is proven by officials of the cooperative. A member of the board of directors of a cooperative, a member of the collegial executive body of the cooperative, a member of the audit commission of the cooperative who voted against the decision that caused losses to the cooperative or did not take part in the voting are not liable. The obligation to compensate the cooperative for losses does not arise if the actions (inaction) of officials that caused losses to the cooperative were based on a lawful decision of the general meeting of members of the cooperative.
Part 7 of Article 11 of the Federal Law of July 29, 2004 N 98-FZ “On Trade Secrets”:
7. The head of the organization compensates the organization for losses caused by his guilty actions in connection with the violation of the legislation of the Russian Federation on trade secrets. In this case, losses are determined in accordance with civil law.
Federal Law of December 3, 2011 N 380-FZ “On Business Partnerships”:
Part 3 of Article 19:
3. The sole executive body of the partnership is responsible for losses caused to the partnership, a partnership participant or third parties in connection with the provision by them, through their own fault, of unreliable or incomplete information about the contents of the partnership management agreement, including regarding the limits and scope of their own powers or powers other partnership bodies.
Part 2 of Article 22:
2. Members of the partnership management bodies, if the formation of such bodies is provided for in the partnership management agreement, the sole executive body of the partnership is liable to the partnership for losses caused to the partnership by their guilty actions (inaction), unless other grounds and the amount of liability are established by the partnership management agreement or federal laws.
Paragraph 2 of Article 71 of the Federal Law of December 26, 1995 N 208-FZ “On Joint-Stock Companies”:
2. Members of the board of directors (supervisory board) of the company, the sole executive body of the company (director, general director), temporary sole executive body, members of the collegial executive body of the company (board, directorate), as well as the management organization or manager, are responsible to the company for losses caused to society by their guilty actions (inaction), unless other grounds for liability are established by federal laws.
Members of the board of directors (supervisory board) of the company, the sole executive body of the company (director, general director), temporary sole executive body, members of the collegial executive body of the company (board, directorate), as well as the management organization or manager, are responsible to the company or shareholders for losses caused by their guilty actions (inaction) that violate the procedure for acquiring shares of the company, provided for by Chapter XI.1 of this Federal Law.
At the same time, members of the board of directors (supervisory board) of the company, the collegial executive body of the company (board, directorate) who voted against the decision that caused losses to the company or the shareholder, or who did not take part in the voting, are not liable.
Article 346 of the Labor Code of the Russian Federation:
An agreement on full financial liability may be concluded with an employee of a religious organization in accordance with the list determined by the internal regulations of the religious organization.
Clause 6 of Article 59 of the Federal Law of 01/08/1998 N 3-FZ “On Narcotic Drugs and Psychotropic Substances”:
6. Financial liability for damage caused to a legal entity is assigned to an employee of the said legal entity if his failure to perform or improper performance of his job duties resulted in the theft or shortage of narcotic drugs, psychotropic substances or their precursors. The said employee, in accordance with the labor legislation of the Russian Federation, bears financial liability in the amount of 100 times the amount of direct actual damage caused to a legal entity as a result of the theft or shortage of narcotic drugs, psychotropic substances or their precursors.
Clause 5 of Article 68 of the Federal Law of July 7, 2003 N 126-FZ “On Communications”:
5. Employees of telecommunications operators bear financial liability to their employers for the loss or delay of delivery of all types of postal and telegraphic items, damage to the attachments of postal items that occurred through their fault in the performance of their official duties, in the amount of liability that the telecom operator bears to the user of communication services , unless another measure of liability is provided for by the relevant federal laws.
Article 245 of the Labor Code of the Russian Federation:
When employees jointly perform certain types of work related to the storage, processing, sale (release), transportation, use or other use of valuables transferred to them, when it is impossible to differentiate the responsibility of each employee for causing damage and to conclude an agreement with him on compensation for damage in full, collective (team) financial liability may be introduced.
A written agreement on collective (team) financial liability for damage is concluded between the employer and all members of the team (team).
Under an agreement on collective (team) liability, valuables are entrusted to a predetermined group of persons, who are assigned full financial responsibility for their shortage. To be released from financial liability, a member of a team (team) must prove the absence of his guilt.
In case of voluntary compensation for damage, the degree of guilt of each member of the team (team) is determined by agreement between all members of the team (team) and the employer. When recovering damages in court, the degree of guilt of each member of the team (team) is determined by the court.
Article 246 of the Labor Code of the Russian Federation:
The amount of damage caused to the employer in the event of loss and damage to property is determined by actual losses, calculated on the basis of market prices prevailing in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property.
Federal law may establish a special procedure for determining the amount of damage subject to compensation caused to an employer by theft, intentional damage, shortage or loss of certain types of property and other valuables, as well as in cases where the actual amount of damage caused exceeds its nominal amount.
Parts 1 - 2 of Article 247 of the Labor Code of the Russian Federation:
Before making a decision on compensation for damage by specific employees, the employer is obliged to conduct an inspection to establish the amount of damage caused and the reasons for its occurrence. To conduct such a check, the employer has the right to create a commission with the participation of relevant specialists.
Requiring a written explanation from the employee to establish the cause of the damage is mandatory. In case of refusal or evasion of the employee from providing the specified explanation, a corresponding act is drawn up.
Parts 1 – 4 of Article 248 of the Labor Code of the Russian Federation:
Recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly earnings, is carried out by order of the employer. The order can be made no later than one month from the date of final determination by the employer of the amount of damage caused by the employee.
If the month period has expired or the employee does not agree to voluntarily compensate for the damage caused to the employer, and the amount of damage caused to be recovered from the employee exceeds his average monthly earnings, then recovery can only be carried out by the court.
If the employer fails to comply with the established procedure for collecting damages, the employee has the right to appeal the employer’s actions in court.
An employee who is guilty of causing damage to the employer may voluntarily compensate for it in whole or in part.
By agreement of the parties to the employment contract, compensation for damage by installments is allowed. In this case, the employee submits to the employer a written obligation to compensate for damages, indicating specific payment terms. In the event of dismissal of an employee who gave a written commitment to voluntarily compensate for damage, but refused to compensate for the specified damage, the outstanding debt is collected in court. Show more
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.
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.
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.
Commentary on Article 243
1. The crime provided for in this article was also contained in the Criminal Code of the RSFSR (Article 230), although in comparison with the previous edition the disposition of this article has been slightly changed. Thus, from the list of objects of encroachment, objects or documents of scientific value were excluded, and among the signs of qualified elements of this crime, an indication of monuments of all-Russian significance appeared.
2. This crime encroaches on the attitude towards the protection of the cultural and historical heritage of Russia, as well as specially protected natural sites. The protection of historical and cultural monuments, careful attitude to historical and cultural heritage is the responsibility of citizens of the Russian Federation, established by the Constitution of the Russian Federation (Part 3 of Article 44).
3. The subject of the crime provided for in the commented article is historical, cultural monuments, natural complexes or objects taken under state protection, objects and documents of historical or cultural value.
4. Monuments of history and culture are objects of material culture, including those associated with historical events in the life of the people, possessing historical, artistic, scientific or other cultural value and registered in the state lists of historical and cultural monuments (Articles 1, 6 of the RSFSR Law “On the protection and use of historical and cultural monuments.” - Gazette of the RSFSR, 1978, No. 51, Article 1387; Articles 25, 37 of the Fundamentals of Legislation of the Russian Federation on Culture. - Gazette of the Russian Federation, 1992, No. 46, Article 2615) . Newly identified objects of material culture that are of particular value and registered in the lists of newly identified objects, until the issue of their acceptance for state registration is decided, are also subject to the regime of protection of already registered historical and cultural monuments.
Natural complexes and objects taken under state protection are defined in the Law of the Russian Federation “On Specially Protected Natural Territories” (SZ RF, 1995, No. 12, Art. 1024). In accordance with Art. 2 of this Law, the following categories of specified territories are distinguished: state natural reserves, including biosphere reserves; National parks; natural parks; state nature reserves; natural monuments; dendrological parks and botanical gardens; medical and recreational areas and resorts. The Government of the Russian Federation, the relevant executive authorities of the constituent entities of the Russian Federation, local governments can establish other categories of specially protected natural areas (urban forests, city parks, monuments of landscape art, protected coastlines, protected river systems, etc.). Specially protected natural areas may have federal, regional or local significance. Thus, the territories of state natural reserves and national parks belong to specially protected natural areas of federal significance, and the territories of state reserves, natural monuments, dendrological parks and botanical gardens can be of both federal and regional significance. Determining which category a given specially protected area belongs to is the competence of the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation, and for territories of local significance this procedure is established by laws and other regulatory legal acts of the constituent entities of the Russian Federation.
5. Objects of material culture can be either movable (historical values, 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.) and immovable ( buildings, other structures). Such objects also include territories that have historical significance, for example, due to historical events that took place there.
6. From the objective side, the crime being commented on consists of the destruction or damage of the objects listed in Part 1 of this article. Destruction means rendering the corresponding object unusable, to a state in which the object forever loses its value and cannot be used for its intended purpose. Damage is a significant change to an object or its parts, for example the removal of fragments. If damaged, the object cannot be used for its intended purpose without restoration. Such damage should also be noticeable to non-specialists. There will be no damage to a historical or cultural monument in the sense of this article if inscriptions, drawings, fragments, etc., which are difficult to wash off, are made on it.
As for the destruction or damage of natural complexes and objects taken under state protection, such actions involve an impact in which they lose their natural appearance (destruction of a forest or part of plants) or the ecological balance of these natural objects is disrupted (death of plants, pollution reservoir, etc.).
The destruction of objects or documents of historical or cultural value involves rendering them irreparable, and damage may consist of changing their external features, for example, tearing out pages from a book, cutting out part of a document, etc.
For the qualification of the act under this article, the method of destruction or damage to these monuments does not matter. It can be produced chemically, mechanically or otherwise.
7. From the subjective side, the crime in question is committed with direct intent: the perpetrator realizes that he is destroying or damaging one of the objects of this crime listed in Part 1 of this article, foresees the possibility of their death or serious damage and desires this. Careless commission of such actions excludes liability under this article of the Criminal Code of the Russian Federation.
8. A subject is any person over 16 years of age.
9. Part 2 of this article provides for a qualified type of this crime, namely: destruction or damage to particularly valuable objects or monuments of national significance. The special value of a particular historical or cultural monument, object or document is established through examination (artistic, environmental, etc.). Particularly valuable may include movable cultural assets that are not subject to export from the Russian Federation (Article 9 of the Law of the Russian Federation “On the export and import of cultural assets.” - Vedomosti of the Russian Federation, 1993, No. 20, Art. 718). The Government of the Russian Federation and the President of the Russian Federation can recognize this or that historical or cultural monument or natural object as having national significance (see, for example, SAPP RF, 1993, No. 45, Art. 4334).
Scientific and practical commentary:
1. The object of the crime is public morality in the field of spiritual and cultural life. 2. The subjects of the crime are historical and cultural monuments, natural complexes or objects taken under state protection, as well as objects or documents of historical or cultural value. The concept of these monuments and other objects of criminal legal protection, as well as their list, are determined by the Law of the Russian Federation of April 15, 1993 N 4804-1 “On the export and import of cultural property” <1>, Federal laws of January 10, 2002 N 7-FZ “On environmental protection" <2>, dated June 25, 2002 N 73-FZ "On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation" <3>, other laws and by-laws. ——————————— <1> Gazette of the SND of the Russian Federation and the Armed Forces of the Russian Federation. 1993. N 20. Art. 718. <2> NW RF. 2002. N 2. Art. 133. <3> NW RF. 2002. N 26. Art. 2519.
Monuments of history and culture are buildings, memorial places and objects associated with historical events in the life of the people, the development of society and the state, works of material and spiritual creativity that are of historical, scientific, artistic and other cultural value. Other objects of historical, scientific, artistic or other cultural value may also be classified as historical and cultural monuments. The list of objects of historical and cultural heritage of federal (all-Russian) significance, upon the proposal of the Government of the Russian Federation, is approved by the President of the Russian Federation <1>. ——————————— <1> Decree of the President of the Russian Federation dated February 20, 1995 N 176 // SZ RF. 1995. N 9. Art. 734.
Natural monuments are unique, irreplaceable, ecologically, scientifically, culturally and aesthetically valuable natural complexes, as well as objects of natural and cultural origin (Article 25 of the Federal Law of February 15, 1995 N 33-FZ “On Specially Protected Natural Areas”) < 1>. ——————————— <1> NW RF. 1995. N 12. Art. 1024.
Objects and documents of historical or cultural value are recognized as objects and documents reflecting historical events in the life of peoples, the history of the development of science and technology, as well as those relating to the life and work of outstanding historical figures. Material carriers of historical or cultural information can be objects and fragments obtained as a result of archaeological excavations, artistic values (paintings and drawings, icons, rare manuscripts, archives, etc., taken under state protection as historical and cultural monuments). 3. The objective side of the crime is characterized by actions: destruction or damage to objects or objects specified in the disposition of Art. 243. Destruction means extermination, destruction, complete liquidation (burning, destruction by explosion, etc.), when an object or object ceases its physical existence or becomes completely unsuitable for its intended use. Damage means damage to the specified items, objects or documents, in which their intended use is possible only after restoration, repair, restoration, as well as in cases where their value is significantly reduced due to the loss of individual fragments or changes in the properties of the item or object. 4. The elements of the crime are formal, therefore it must be recognized as completed from the moment of destruction or at least damage to a historical monument, cultural monument, natural complex or object taken under state protection, or an object or document of historical or cultural value. 5. The subjective side is characterized by intent: the perpetrator realizes that he is destroying or damaging a historical, cultural monument, natural complex or object taken under state protection, or an object or document of historical or cultural value, foreseeing that as a result they will cease to exist or will completely lose their value or be damaged, and desires the occurrence of such consequences or consciously allows them to occur, or is indifferent to this. Motives and goals do not affect the qualification of a crime. 6. The subject can be any person over 16 years of age. 7. A qualified type of crime is the destruction or damage of particularly valuable objects or monuments of national significance. These include objects and monuments classified as objects of historical and cultural heritage of federal (all-Russian) significance by Decree of the President of the Russian Federation of February 20, 1995 N 176 <1>. Since objects and monuments are recognized as particularly valuable on a formal basis, for the application of Part 2 of Art. 243 it is necessary to refer every time to the list of objects of federal (all-Russian) significance. ——————————— <1> NW RF. 1995. N 9. Art. 734.
If objects or documents of special historical, scientific, artistic or cultural value were stolen, which subsequently resulted in their destruction, damage or destruction, then the act should not be qualified under Art. 243, and according to paragraph “c” of Part 2 of Art. 164 of the Criminal Code.
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.
