Cultural park as a form of decentralization of monument protection and care

Abstract

A cultural park is a relatively new area-based form of monument protection aimed at municipal and city governments. The article attempts to prove the thesis that a cultural park can be an effective form of legal decentralization of monument protection and care. The imprecision of the legislation in Art. 16 and 17 of the Law on the Protection and Care of Monuments was pointed out, which generates numerous conflict situations and unnecessarily burdens the courts, for which numerous examples were cited. It was stressed that the protection of the public interest cannot be done by overburdening some individuals, especially entrepreneurs and service providers, which contradicts the constitutional principle of equality. It is necessary to maintain a proper balance and guarantee adequate financial safeguards. This requires clarification in the law of the principles of fair compensation for owners and keepers of objects located in the cultural park area whose rights and income are restricted, and a responsible approach by municipal and city councils to the scope of restrictions and prohibitions. Improved legislation and procedures will create more favorable conditions for public acceptance of the cultural park as a decentralized form of monument protection and care, and will make it possible to better adapt the legal principles of protection to local conditions.