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Pepeliaev Group advises that the Russian Government's Resolution No. 2418 dated 30 December 2023 (the “Resolution”) has been adopted. The Resolution established specific aspects of whether archaeological heritage sites are present or absent on territories of construction and other works.
The Resolution, which came into force starting from 6 February, provides for cases when developers are released from the need to conduct archaeological reconnaissance in order to determine whether a construction site has any items with signs of archaeological heritage sites.
According to the Resolution, archaeological reconnaissance and a historical and cultural expert review are not conducted:
1) If planned work does not fall within the following types of work, the impact from which may harm archaeological heritage sites:
2) If work is planned on the following territories:
3) If the following conditions are met simultaneously:
Previously, a historical and cultural expert review was mandatory in all cases when the authority in the area of the protection of cultural heritage sites has no information that the corresponding land plots have no cultural heritage sites on them, or items having such signs.
The Resolution significantly reduces the obligations to conduct a historical and cultural expert review. We believe that the possibility of a special exemption from a historical and cultural expert review when carrying out reconstruction work within the boundaries of existing foundations, as well as the mitigation of requirements for archaeological reconnaissance in settlements, may be of particular interest for developers.
The rules introduced by the Resolution are in effect until criteria are determined for territories with respect to which there are grounds to suppose that these territories contain archaeological heritage sites or items having signs of archaeological heritage sites. Criteria to determine the above territories and the procedure for approving their boundaries shall be established by the Russian Government pursuant to amendments to Federal Law No. 73-FZ “On cultural heritage sites (historical and cultural landmarks) of the peoples of the Russian Federation” dated 25 June 2002, which came into force from 4 August 2018Federal Law No. 342-FZ “On amending the Russian Town-Planning Code and certain items of Russian legislation” dated 3 August 2018.
. However, at present such criteria have not been set.
The Resolution is aimed at eliminating excessive, but costly for developers, obligations to conduct archaeological reconnaissance and a historical and cultural expert review in relation to areas where there is no or a minimal likelihood of discovering archaeological sites.
We recommend taking into account the specific aspects established by the Resolution when you plan and prepare for construction work.
Pepeliaev Group has extensive experience of providing legal support to business implementing construction projects.
The lawyers of Pepeliaev Group are ready to provide the necessary legal assistance to developers, including advising on issues of applying the legislation.