1 The European Commission project Regional Cooperation for Cultural Heritage Development CONCEPT OF NATIONAL POLICY ON CULTURAL HERITAGE DEVELOPMENT IN UKRAINE (draft) Kyiv 2014 2 UDC: 719:72; 72.025.3/4 LBC: C79 Concept of National Policy on Cultural Heritage Development in Ukraine(draft)/Ed.O.P. Oliynyk. – K.:Arkhitektura i prestyzh, Seredniak T.K., 2014. – 130 P. – ISBN 978-617-7257-17-1 The preparation of documents and publications under this project is funded by the European Union and realized within the Eastern Partnership Culture Programme. The opinions expressed in this document do not necessarily reflect the views of the European Union. ISBN 978-617-7257-17-1© Arkhitektura i prestyzh, 2014 © Regional Cooperation for Cultural Heritage Development, 2014 3 This document was developed as part of the EU-funded Re- gional Cooperation for Cultural Heritage Developmentproject within the framework of the Eastern Partnership Culture program. The main project partner is ICOMOS Georgia. The partners in- clude ICOMOS Armenia, LLC Arkhitektura i prestyzh (Ukraine) and the Norwegian Directorate for Cultural Heritage. Associated partners include the Caucasian Environmental NGO Network (CENN); the Erebuni Historical and Archaeological Museum-Reserve (Armenia); and the Institute for Heritage Research (Ukraine). The paper deals with problems associated exclusively with immovable historical and cultural heritage. The concept of a na- tional policy on the immovable cultural heritage of Ukraine is of- fered. This concept takes into account the needs of sustainable urban development, promotion and preservation of heritage through restoration of the nation’s historical memory and iden- tity. The concept proceeds from the premise that the path to European integration, which has been chosen by the Ukrainian- sand has already cost them thousands of lives, is irreversible. The work on this document took place in difficult conditions. It started under a corrupt government and a social decline, and now it is being completed inthe conditions of a debilitating armed conflict with Russia, as a result of which a part of Ukraine’s cul- tural heritage isnow in the Russian–annexed Crimea and another part is in danger of destruction as a result of continuing hostili- ties. However, now that the new Ukrainian government has signed the Association Agreement with the European Union and the Ukrain- ian people are determined to make a complete overhaul of their coun- try, the development of a concept of national policy on preserving cul- tural heritage, dedicated to the European choice of Ukraine and itsna- tional unity and identity, is even more relevant than ever. The document analyses the state of cultural heritage in Ukraine, its legal and normative bases; provides recommenda- tions for the reform of urban policy, with special attention to cul- tural heritage;the restoration branch and cultural tourism devel- opment; and the improvement of legislation, management and administration in the field of cultural heritage.In order to im- prove the resource support of the cultural heritage conservation and restoration processes, the concept analyses the possibility of creating charity and tax relief systems and raising awareness 4 about the importance of cultural heritage preservation toencour- age the general public to participate in this effort. The sources for the development of the concept include the re- sults of research by local and international experts, surveys, consulta- tions, special researches, as well as printed articles and electronic pub- lications on the subject, among them those created for the project Re- gional Cooperation for the Development of Cultural Heritage under the Eastern Partnership Culture program in 2011-2014. Acknowledgments. The drafters have used publications and re- search by the following authors and teams: O.P. Oliynyk (1.1, 2.2, 3.5, 8.1, 9.3, general editing), Research Institute for Heritage Conservation Studies (1.1-1.4, 4.1,4.2), O.M. Serdiuk (1.2), L.M. Kyrylenko, N.I. Osheha (1.3), H.O. Andres (1.3, 5.1-5.4), O.A. Plamenytska (1.4), L. Chupriy (1.6, 7.2-7.4, 9.4), Yu.O. Maslov (2.1,3.1), Saint Sophia Char- ity Foundation (2.1), B.S. Cherkes (2.2), Yu.H. Losytsky (2.3, 2.4, 3.6, and the Glossary), L.V. Prybieha (3.2), V.V. Vechersky, L. Apostolova- Sossa (3.3, 3.4), N. But (3.4), H.M. Savchuk (4.1), L.R. Hnatiuk (4.2), the Ukrainian State Research and Design Institute UkrNDIProektresta- vratsiya (5.4, 5.5, 5.6, 6, 7.1, 7.3, 9.1), S.I. Zdioruk (8.2, 8.3), N.Churikova, Yu. Rudnytsky, O. Lysak (9.2.), and the Institute for Air- ports of the National Aviation University, to name a few. This concept paper includes only some of the issues which a na- tional policy covers in the field of cultural heritage. The document analyses the following: the regulatory framework and the administra- tion and management system; the problems of funding for and the protection of cultural landscapes and views; the concept of cultural tourism development; themethods of resource support for the conser- vation of immovable cultural heritage; international cooperation in the field of conservation and development of immovable cultural heritage; and relevant issues of urban policy.Other problems are discussed tan- gentially and require further study. Required links: http://www.euroeastculture.eu/en/granted-projects/view-29.html http://www.rcchd.icomos.org.ge/?l=E&m=4-4 https://www.facebook.com/pages/Regional-Cooperation-for- Cultural-Heritage-Development/197901370332029 https://www.facebook.com/NationalPolicyforCulturalHeritage?ref_ type=bookmark 5 Contents 1. Historical and cultural heritage in Ukraine 7 1.1. The current status of cultural heritage in Ukraine 7 1.2. Categories of the monuments. UNESCO World Heri- 14 tage monuments in Ukraine. 1.3. Overview of the regulatory framework 18 1.4. The term "subject of protection" of architectural 21 monuments and its negative impact on the heritage protection and restoration activities. 1.5. The administration and management system. 29 1.6. Problems of funding for cultural heritage preservation. 31 2. Strategy of national policy at the present stage 36 2.1 Objectives, principles, and priorities of national policy 36 . in the field of cultural heritage. 2.2 Preservation of cultural heritage as a reflection of the 38 . nation's identity. Phenomenon of cultural genocide. 2.3 Losses and falsifications of Ukraine's cultural heritage. 41 2.4 Recovering the lost objects as the basis for recon- 44 . structing the history of Ukraine. 3. Urban policy in the field of cultural heritage. Sustain- 47 able urban development based on cultural heritage 3.1 The development strategy of historic settlements 48 . based on the priority of the cultural heritage. 3.2 Restrictions and management regimes of usage of the 49 zones of heritage protection. 3.3 Typical violations in the areas of protection. Needfor 52 . new policy. 3.4 Protection of cultural landscapes and views. 58 3.5 The areas of cooperation for heritage protection or- 65 . ganisations and individual architects. 3.6 An integrated environmental regeneration in the his- 68 . torical part of a city. 4. Improvement of the regulatory framework and the administra- 70 tion and management system in the field of cultural heritage 4.1 Improvement of applicable legislation. 70 4.2 Privatization andthe management of monuments in 73 . private ownership. 4.3 Problems of management of the restoration effort. 77 6 5. The development of cultural tourism. 79 5.1 Impact of tourism on cultural heritage protection. 79 5.2 Problems of cultural tourism development in Ukraine. 81 5.3 Methods of stimulating the development of cultural tourism. 85 5.4 Prospects for the development of local tourism resources. 86 5.5 Interconnection of cultural tourism and local government 87 5.6 Results of the implementation of the program of cul- 89 tural tourism. 6. Informational and scientific support and monitoring of 91 cultural heritage. 7. The resource support of immovable cultural heritage 93 preservation. 7.1 European model of public-private partnership. 93 7.2 Resource support in the field of immovable cultural heritage 94 . preservation. Establishment of the institution of patronage. 7.3 The status of legal regulation of charities. Tax exemptions 96 . for heritage project development and restoration work. 7.4 New forms and trends of charitable activity. 100 8. International cooperation in the field of preservation 101 and development of immovable cultural heritage. 8.1 An anti-crisis program for post-war recovery. 101 . "Marshall Plan" for cultural heritage. 8.2 Cultural cooperation and exchanges. 104 8.3 Attracting international experts for the resolution of the most 108 . important issues of urban cultural heritage preservation. 9. The popularization of cultural heritage preservation. 109 Social and educational programs. 9.1 A comprehensive program for the improvement of spe- 109 . cialized professional education in the field. 9.2 Enhancing the role of the public and community or- 110 . ganisations in the development of cultural heritage. 9.3 The social program on cultural heritage preservation. 112 9.4 Popularization of heritage preservation and related 114 charitable activities. 10. Priority actions. Conclusions. Expected results. 118 Glossary 120 Sources 126 7 1. Historical and cultural heritage in Ukraine. 1.1. The current status of cultural heritage in Ukraine. The cultural heritage of Ukraine is an integral part of world cultural heritage. The need to preserve it is written in the Constitution of Ukraine(http://zakon4.rada.gov.ua/laws/show/254%D0%BA/96- %D0%B2%D1%80),to the Law of Ukraine On the Protection of Cul- tural Heritage and other legal acts. The preservation and accumulation of cultural values is a priority of state policy in the sphere of culture. According to in- ternational conventions ratified by Ukraine,protecting the cul- tural heritage is this country’s international legal obligation to the world community.