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 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.
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, 2021, 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;
Commentary on Article 243.2 of the Criminal Code of the Russian Federation
1. Composition of the crime: 1) object: main – relations in the sphere of public order and public morality; additional – relations for the protection of the cultural layer (including archaeological sites). The subject of the crime is the cultural layer, i.e. a layer in the ground or under water containing traces of human existence, the origin of which exceeds one hundred years, including archaeological objects; 2) objective side: search or seizure of archaeological objects. Part 1 of Article 243.2 of the Criminal Code of the Russian Federation covers only acts committed manually or using simple mechanical tools. A mandatory feature of the composition is the consequences - damage or destruction of the cultural layer; 3) subject: a person who has reached 16 years of age; 4) subjective side: characterized by a deliberate form of guilt. The crime is considered completed from the moment the damage to the cultural layer is destroyed.
Qualified offenses include the same acts committed within the boundaries of a cultural heritage site included in the unified state register of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, or an identified cultural heritage site (Part 2 of Article 243.2 of the Criminal Code of the Russian Federation), and also committed using special technical search tools and (or) earth-moving machines; by a person using his official position or by a group of persons by prior conspiracy or by an organized group (Part 3 of Article 243.2 of the Criminal Code of the Russian Federation).
2. Applicable legislation: 1) Federal Law “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation” (Article 3 - objects of cultural heritage - monuments of history and culture, Article 15 - unified state register of cultural heritage objects, Art. 48 - features of ownership, use and disposal of a cultural heritage object included in the register, and an identified cultural heritage object; Article 45.1 - the procedure for conducting archaeological field work; Article 45.2 - the use of special technical search tools and (or) earth-moving machines for the purpose of discovery objects of archaeological heritage and (or) archaeological objects); 2) Fundamentals of the legislation of the Russian Federation on culture (section 4 - national cultural heritage and cultural heritage of the peoples of the Russian Federation); 3) acts of the Government of the Russian Federation: – Resolution No. 1204 dated December 31, 2009 “On approval of the Regulations on state control in the field of preservation, use, popularization and state protection of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation”; – Resolution No. 315 dated April 26, 2008 “On approval of the regulations on zones for the protection of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation”; – Resolution No. 894 of December 16, 2002 “On the procedure for preparing and fulfilling security obligations during the privatization of cultural heritage sites”; – Resolution dated 07/05/2001 N 504 “On all-Russian monitoring of the condition and use of historical and cultural monuments, objects of the museum collection of the Russian Federation, documents from library collections, archival collections of the Russian Federation, as well as film collections”; 4) other acts: – order of the Ministry of Culture of the Russian Federation dated October 3, 2011 N 954 “On approval of the Regulations on the unified state register of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation”; – order of the Ministry of Culture of the Russian Federation dated August 19, 2011 N 876 “On approval of a sample permit form (open sheet) for the right to carry out work to identify and study objects of archaeological heritage”; – order of Rosokhrankultura dated 02/03/2009 N 15 “On approval of the Regulations on the procedure for issuing permits (open sheets) for the right to carry out work to identify and study objects of archaeological heritage”; - Order of the Ministry of Culture of the USSR dated January 24, 1986 N 33 “On approval of instructions for organizing zones for the protection of immovable monuments of history and culture of the USSR.”
3. According to Part 3 of Article 9 of the Federal Law of July 23, 2013 N 245-FZ, from July 24, 2015, Article 243.3 of the Criminal Code of the Russian Federation will come into force, establishing liability for the evasion of the contractor of earthworks, construction, reclamation, economic or other work or archaeological field work carried out on the basis of a permit (open sheet), from the mandatory transfer to the state of objects of special cultural value or large-scale cultural values discovered during such work.
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.
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.
