Recently, quite often in the media, news has flashed that they destroyed or demolished a monument, an old building, damaged an object of culture and historical heritage, desecrated graves, etc. The line between legal actions and criminal is not always noticeable at first glance. Where is vandalism, destruction, and where is the agreed demolition? An analysis of article 243 of the Criminal Code of the Russian Federation with comments will help us figure this out.
Simple composition
To begin with, the specified criminal law establishes liability for damage or destruction of objects belonging to the cultural heritage of the country. However, not all, but only those that belong to the peoples of the Russian Federation. In addition, they must be included in a single special register of cultural and historical monuments. The article also deals with natural complexes, identified objects of cultural heritage, and those that are under the protection of the state, or other cultural values. The complex wording proposed by the legislator is difficult to perceive. A detailed analysis of each item will be presented below.
The first part of the analyzed article states that damage or destruction of objects belonging to the cultural heritage of the peoples of our country (cultural and historical monuments) included in the register (special list), as well as identified objects that are part of the cultural heritage, or taken under the protection of the state, cultural property, natural complexes is punishable by a fine. The upper limit of its size is 3 million rubles, or it is calculated in the equivalent of the salary (other earnings) of the convicted person for a period of up to 3 years.
As an alternative sanction, the first part of Article 243 of the Russian Federation indicates the following:
- up to 400 hours of compulsory work;
- up to 3 years of compulsory work;
- up to 3 years in prison.
Qualified staff
Part two of the article provides for a qualified type of crime: damage or destruction not of simple monuments or objects of all-Russian significance, but especially valuable. They can be determined by an exhaustive list (list), approved by presidential decree. If necessary, then in order to establish the special value of the document or the subject, an appropriate examination is carried out (environmental, art, etc.)
For the commission of a qualified crime, part 2 of article 243 of the Criminal Code provides for one of the following alternative punishments:
- up to 5 million rubles. a fine, or the equivalent of the convict's salary (any other income) for 5 years;
- up to 480 hours of compulsory work;
- up to 5 years of forced labor;
- up to 6 years in prison.
What is the subject of a crime?
According to article 243 of the Criminal Code of the Russian Federation, the objects of crime, in other words, the elements of the material world, which are carried out in the process of its commission, are:
- historical and / or cultural monuments;
- objects protected by the state and natural complexes;
- documents and objects of cultural and / or historical value.
Monuments of culture and history
Monuments of culture and history can be recognized only those objects that have two attributes at once, namely: cultural significance and special status. Firstly, these include material values (memorials, objects, structures) that are somehow related to the historical development of the state and its society, certain events in the life of the people, as well as works of spiritual creativity (literature, art) that have scientific , cultural, historical, artistic and other value. Secondly, they should all be registered and included in the list (set) of heritage objects of all-Russian (federal) significance.
Natural monuments
In accordance with the comments on the Criminal Code (Article 243), natural monuments should be understood as irreplaceable and unique natural complexes with special environmental, aesthetic, scientific, health, cultural and recreational significance. They are always fully or partially withdrawn from economic use. In addition, objects of cultural or natural origin include natural monuments, in relation to which a special order of protection has been established. These include natural state reserves and parks, dendrological parks, sanctuaries, botanical gardens, water areas and territories suitable for the organization of the prevention and treatment of diseases, recreation, with healing natural resources. They can be the subject of a crime only if taken in the manner prescribed by law under protection.
Valuable items and documents
Turning to the comments on article 243, one can find out the essence of these crime subjects. From the point of view of history and culture, objects and documents are valuable if they are associated with events that took place in the life of peoples, with the formation and development of the state and society, crafts and technology, the history of science or relate to the life of outstanding personalities. Sources of information confirming their value (historical and cultural) can be fragments and objects obtained as a result of archaeological excavations, drawings and paintings, ancient books, archives, manuscripts, etc.
Characterization of the object of crime and its objective side
The immediate object of the crime, which is qualified under article 243 of the Criminal Code, is the morality of society in the field of culture and spiritual life.
The legislator characterizes the objective side as destruction or damage of the monuments, objects, objects and documents specified in the first part of the norm. The composition is material. The criminal act is recognized as completed by the legislator from the moment the damage to the specified item is caused, or it is destroyed.
What exactly should be meant by these actions is described in detail in Art. 167 of the Criminal Code. So, destruction is the bringing into complete disrepair of the corresponding material object. The latter at the same time forever loses any value and cannot be used further for its intended purpose. It can be liquidation, destruction, extermination, etc. For example, deforestation in nature reserves.
If the object has changed as a result of the removal of its individual parts, fragments and this is noticeable not only to specialists, but also to other persons, then we are talking about damage. The methods of its implementation are different: flooding, logging, pollution, etc.
For qualifying a criminal offense under article 243 of the Criminal Code of the Russian Federation , the way in which the object was damaged or destroyed does not matter.
Subjective side and subject
The subjective side of the legislator is characterized as direct intent in terms of action and indirect in relation to the cultural and historical value of the object. The commission of the actions described above, which constitute the objective side, negligently excludes liability under the analyzed criminal norm.
Subject of a criminal offense: a person over 16 years of age, sane. If the destruction or damage to an object of historical and / or cultural value has been committed by an official, then it may additionally be held liable under Art. 285,286.
Actions on desecration of cultural and historical monuments, damage to memorial plates, boards, inscriptions on them are not subject to qualification under article 243. If there are signs defined by the legislator, the act is assessed in terms of article 214 of the Criminal Code.
Case study
A citizen was found guilty of committing intentional destruction of an object related to the cultural heritage of the city, identified and taken under state protection in the prescribed manner.
Guilty, being the general director of an open joint-stock company, he repeatedly received notifications from the administration of the settlement that the building was owned by a specific address and that it was recognized as an object of cultural heritage. The city authorities demanded to ensure the safety of this architectural structure, the invariability of its appearance and interior.
The culprit attempted to deliberately demolish the building. However, due to circumstances beyond his control, he did not finish the job. As a result, only part of the facade was destroyed.
The court qualified his actions under part 1 243 of the article of the Criminal Code and imposed a sanction in the form of a fine of 100 thousand rubles.