Fundamentals of legal regulation of archaeological research in independent Ukraine

Abstract

The article reinterprets the process of legal support for archaeological research in independent Ukraine. The formation of the legislative framework for the protection and use of historical and cultural monuments was monitored. The «Regulations on the State Register of National Cultural Property» was considered. Attention is focused on the laws «On the protection of cultural and historical heritage» and «On the protection of archaeological heritage», which were adopted with the aim of improving the legal regulation of the protection and preservation of material remains of the past, and the effectiveness of their use in practice is analyzed. The relationship between the current legislation of Ukraine and the development of archaeological research is indicated. The powers of central executive bodies and other cultural heritage protection bodies, without which the implementation of archaeological research at the legislative level is impossible, are considered. Attention is paid to permits for conducting archaeological explorations, excavations and other earthworks. The importance of the preparation of scientific reports by archaeologists in archaeological activities was noted, and it was indicated that thanks to the detailed regulation of the process of conducting archaeological research and submitting scientific reports, the state of archaeological sources improved. Attention is focused on revealing the activities of the Institute of Archeology of the National Academy of Sciences of Ukraine and the Department «Field Committee», which monitors the quality of professional excavations on the territory of Ukraine. The rights and responsibilities of archaeological heritage researchers are highlighted, the legal status of the archaeological expedition is considered. The main provisions of the Code of Ethics of a Professional Archaeologist, which was created to determine the basic moral and ethical norms of professional archaeologists' activities and their attitude to archaeological heritage, are reflected. Attention was paid to the activities of research centers: «Rescue Archeology Service» (1994), «Protection Archeology Service of Ukraine» (2001), «Centre of Archeology of Kyiv of the Institute of Archeology of the National Academy of Sciences of Ukraine» (2006), which allows identifying and saving valuable monuments tombs of different archaeological periods. It is noted that a significant problem in the field of archaeological heritage protection is the coordination of the activities of developers and subjects of economic activity with the bodies of cultural heritage protection. The importance of cooperation of state bodies for the protection of historical and cultural heritage with archaeological institutions was considered, it was noted that this cooperation will allow to develop an effective system of protection of archaeological heritage, to carry out professional certification of monuments of the past, to improve legislative and regulatory acts, which as a result could improve the state of preservation of monuments of archeology and reduce their theft. It is indicated that in 2021, the Institute of Archeology of the National Academy of Sciences of Ukraine issued «Proposals on improving the legal protection of archaeological heritage...» to speed up the process of Ukraine joining the Council of Europe Convention, which will allow to more effectively fight against illegal construction works, «treasure hunters» and minimize destruction of archaeological monuments. Key words: monument protection legislation, archaeological heritage protection, archaeological research, scientific report, archaeological monuments.