Professional Documents
Culture Documents
Jean-Louis Cohen - Soviet Legal Documents On The Preservation of Monuments (Summer 2008)
Jean-Louis Cohen - Soviet Legal Documents On The Preservation of Monuments (Summer 2008)
Photograph by
Richard Pare.
62
Jean-Louis Cohen
Soviet Legal Documents on the
Preservation of Monuments
Introduction Between 1917— or rather 1922, the date of the creation of the
USSR— and its dissolution in 1991, Soviet society was charac-
terized by a steady production of legal literature. The gener-
ous principles on which the laws and regulations were based
were often undermined by the everyday exercise of the Party’s
leadership power. In this perspective, the following texts
should be considered as a legal façade behind which contra-
dictory procedures were followed by the central and local
public authorities, to which the organs of preservation and
restoration were subordinated.
The first text presented here was promulgated in 1948,
in the aftermath of the Second World War’s unprecedented
destruction. The detailed description of the architectural
monuments to be identified and protected reflects the feeling
of loss resulting from war damage. Also, the wide spectrum of
programs is an index of Joseph Stalin’s wartime policy of rec-
onciliation with the emblems of national identity, including
churches, in contrast to the “revolutionary vandalism” of the
1920s and 1930s, when thousands of monuments were razed.
The second text dates from a quarter century later and is
strikingly more sectarian in its description of monuments to
be protected, focusing on their political and ideological value,
and insisting on their contribution to the education of the
people. At the same time, the range of disciplines concerned
is enlarged. In contrast with the earlier legislation, the focus
of preservation is widened to include urban zones and pro-
tected landscape.
The interpretation of both texts should take into account
the other aspects of the situation during the Soviet regime:
the scarcity of resources allocated to restoration of buildings
not considered as the premier objects representing the nation
or major tourism magnets, and also the limited number of
specialists and craftsmen trained to complete professional
restoration.
Future Anterior
Volume V, Number 1
Summer 2008
63
Document
The USSR’s 1948 Instructions for
the Identification, Registration,
Maintenance, and Restoration of
Architectural Monuments under
State Protection
Introduction
The present instructions have been compiled on the basis of
paragraph five of the decree of the Council of Ministers of the
USSR from 14 October 1948 in approval of law number 3898,
“On the improvement of the protection of cultural monu-
ments,” extending the appurtenant “Decree on the protection
of cultural monuments.”
The aim of these instructions is to establish procedures for
the identification and cataloging of architectural monuments
and the rules for their maintenance — i.e., the provisions for
the maintenance, use, repair, and restoration of architectural
monuments.
The fulfillment of the policies described herein is obliga-
tory for all organs of the Committee of Architectural Affairs of
the Council of Ministers of the USSR, which is responsible for
the identification, cataloging, registration, and application
for approval of a list of architectural monuments to be placed
under state protection, as well as the direction and regulation
of the use, repair, and restoration of architectural monu-
ments. These policies are also binding in the planning and
construction of cities; for all architectural, scientific, and
expert councils; and for chief architects of cities and local
executive committees of the Council of Workers’ Deputies.
Observance of the policies described herein is obligatory
for all institutions, enterprises, and organizations — regardless
of bureaucratic hierarchy — as well as for individuals who
direct or use architectural monuments that are under state
protection.
1. General Regulations
64
(2) Architectural monuments may be:
A. Freestanding monuments
(a) Civic buildings: palaces, castles, theaters, bar-
racks, guardhouses, universities, hospitals, shopping
arcades, schools, and other public buildings; country
estates, urban residences, peasant izbas, barns, mills,
wells, bridges, embankments, walls, summer houses,
etc.;
(b) Religious buildings: cathedrals, churches, bell-
towers, belfries, mosques, madrasahs, minarets, Roman
Catholic churches, synagogues, chapels, burial cham-
bers, mausoleums, etc.;
(c) Historical defensive structures: detached towers,
the remains of fortification walls, bastions, arsenals, etc.;
65
Section II: Maintenance of Architectural Monuments
66
(d) as grain storage, produce storage, pickling cellars, ice
storage, fish storage, dairies, slaughter houses, or to house
other wet processes, including: poultry farming, incubation,
pig farming; as stables, barns, etc.;
(e) as garages or parking places for tractors, automobiles,
steam shovels, cranes, combines, or other machines;
(f) as workshops, electrical stations, factories, works, or
other sites of production using mechanical power (indepen-
dent of the magnitude of the latter), or to house motor-powered
presses or large equipment that require the construction of
independent foundations;
(g) for production processes that require the maintenance
of either high or low temperatures within the building or
processes that produce a great deal of humidity, including:
drying, bread baking, candy making, tempering, founding,
ironworking, refrigeration, bathing, laundry washing, shoe-
making; or consumer services that require steam installations
for the coloring or chemical cleaning of clothing or kitchens,
wells, water basins, pump houses, etc.;
(h) the use of cultural monuments or civic structures that
were not intended to be residences as dwellings.
...
(43) Without proper permission from the organs for the pro-
tection of monuments of the administration of architectural
affairs of union republics or the Central administration for
the protection of architectural monuments of the Committee
of architectural affairs of the Council of Ministers of the
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USSR the following operations are categorically prohibited
within the limits of established architectural reserves;
within the protected zones of individual monuments, en-
sembles, complexes; and within architectural monuments
themselves:
(a) the construction of any sort of new structures, ex-
cluding those erected in the course of restoration of an
architectural ensemble in strict accordance with the proj-
ect’s approval;
(b) any sort of addition to, or reconstruction of, the exist-
ing buildings and structures that are not monuments, but
which are located on the territory of a reserve or protected
zone; . . .
(c) the execution of restorations, repairs, or alterations;
(d) the removal or unauthorized planting of trees or
shrubbery in the immediate vicinity of the monument or in
gardens, parks, groves, or other parts of protected territory;
(e) the cultivation of ground near the foundations of
ancient fortresses or monasteries for agricultural purposes;
the quarrying of gravel, clay, or other materials near architec-
tural monuments; the implementation of any sort of archaeo-
logical investigations (excavations and sondage);
(f) the construction of new roads or territorial modifica-
tions; the installation of new, or the covering of old reservoirs;
the digging of trenches for any type of underground communi-
cation (water lines, sewers, telephones, etc.);
(g) any changes to the exterior or interior appearance of
an architectural monument, including the addition of various
types of temporary or permanent structures such as: porches,
vestibules, pavilions, stalls, kiosks, sheds for fuel or the stor-
age of building materials; the construction of overhead cover-
ings, the construction of walls or other modifications to the
internal layout of a monument, as well as the installation of
sign boards, advertisements, various kinds of cables, brack-
ets, wires, bolts, hooks, etc.;
(h) any type of unauthorized renovations or improve-
ments to architectural monuments or to their exterior or inte-
rior paintings, mosaics, tile work, sculptures, wood or stone
carvings, grillwork or other decorative elements;
(i) the installation of new paintings or other decorative
elements; heating equipment, ventilation devices, or the
installation of electrical wires;
(j) the dismantling or modification of ruins, especially
for use as building materials.
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Section III: Repair and Restoration of Architectural
Monuments
1. General Provisions
69
(78) All work must be inspected by local (and in special situa-
tions, republican) organs for the protection of monuments.
The organs for the protection of monuments are to regulate
the conditions of work in accordance with the pres-
ent instructions and must require the high-quality execution
of “the task of restoration.”
2. Restoration
70
(85) Restoration operations are undertaken in two ways:
(a) through the clearing and removing from a monument,
in whole or in part, later additions that have distorted its origi-
nal form;
(b) through the reconstruction and replacement of lost
parts and elements with new material, using complete, reli-
able information on the character and form of the lost parts
(details) that are to be replaced.
71
workshop of the Committee of architectural affairs of the
Council of Ministers of the USSR or other specialized work-
shops, which have been authorized by the Central administra-
tion for the protection of architectural monuments of the
Committee of architectural affairs of the Council of Ministers
of the USSR to undertake operations on monumental paint-
ings. Investigations must be undertaken in order to determine
the presence and artistic value of obscured paintings as well
as to evaluate the work required for their restoration.
All restoration work on mosaics, frescoes, oil and tempura
paintings, including those on canvas (plafonds, wall paint-
ings), is to be undertaken only by qualified restorers from spe-
cialized restoration workshops who have been authorized by
the Central administration for the protection of architectural
monuments of the Committee of architectural affairs of the
Council of Ministers of the USSR.
Note
Translated by Richard Anderson
1. A group of buildings is called an architectural ensemble when a uniform artistic
system unites the structures. A group of buildings is called an architectural com-
plex when they are located in close proximity to one another and are territorially
integrated [original note].
72
1. Gosplan Garage Moscow; Konstantin Melnikov with V. I. Kurochkin, architects, 1936. Photograph by Richard Pare.
74
Document
1973 Law of the Union of
Soviet Socialist Republics:
On the Protection and Use of
Historic and Cultural Monuments
In the USSR, historic and cultural monuments belong to the
people. The Soviet state, implementing Lenin’s principles of
treating the cultural legacy, creates all the conditions for the
protection and effective use of monuments in the interests of
the building of communism.
The historic and cultural monuments of the USSR mirror
the material and spiritual life of the past generations, the cen-
turies-old history of our Homeland, the struggle of the masses
of people for their freedom and independence, the revolution-
ary movement and the formation and development of the
Soviet socialist state.
The historic and cultural monuments embody the out-
standing events of the Great October Socialist Revolution,
the Civil War and the Great Patriotic War, the labor exploits
of the working class, the collective-farm peasantry and the
intelligentsia, the fraternal friendship of the peoples of our
country, and the heroic struggle of the Soviet people for the
building of socialism and communism.
The historic and cultural monuments of the Soviet peoples
are an integral part of the world cultural legacy and testify to
the great contribution made by the peoples of our country
to the development of world civilization.
In the Soviet Union, monuments serve the goal of pro-
moting the development of science, education, and culture;
cultivating an elevated feeling of Soviet patriotism; and the
ideological, moral, internationalist, and aesthetic education
of the working people.
The protection of the monuments is an important task of
State and social organizations. Concern for historic and cul-
tural monuments is the patriotic duty of every citizen of the
USSR.
Soviet legislation is called upon actively to promote the
improvement of the protection and use of historic and cul-
tural monuments and the further strengthening of legality in
this field.
I. General Provisions
Article 1. Historic and cultural monuments
Future Anterior
Volume V, Number 1 Historic and cultural monuments are structures, memorable
Summer 2008 places, and objects connected with historic events in the life
75
of the people, the development of society and the State,
works of material and spiritual creation that are of historical,
scientific, artistic, or other cultural value.
All historic and cultural monuments of Soviet territory are
protected by the State.
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lives of outstanding political figures, statesmen, military lead-
ers, national heroes, and men of science, literature, and art;
archaeological monuments — ancient town sites, tumuli,
the remains of ancient settlements, fortifications, industries,
canals, roads, ancient burial places, stone figures, cliff draw-
ings, ancient objects, sections of cultural layers at ancient
populated sites;
monuments of town development and architecture —
architectural ensembles and complexes, historical centers,
blocks, squares, streets, and remnants of ancient planning
and building of towns and other populated centers; structures
representing civil, industrial, military, and cult architecture,
popular building art, and also associated specimens of
monumental and pictorial art, decorative and applied art,
landscape gardening, natural landscapes;
monuments of art — works of monumental, pictorial,
decorative and applied, and other arts;
documentary monuments — acts of the organs of State
power and State administration, other written and graphic doc-
uments, cinematic and photographic documents and sound
recordings, also ancient and other manuscripts and archives,
records of folk art and music, and rare printed editions.
Historic and cultural monuments may also include other
objects of historical, scientific, artistic, or other cultural value.
...
77
Article 12. State registration of historic and cultural
monuments that are in the personal possession of citizens
Antiques, paintings, and objects of decorative and applied
art, structures, manuscripts, collections, rare publications,
and other objects and documents that are in the personal
possession of citizens and are of considerable historic, scien-
tific, artistic, or other cultural value are recognized as historic
and cultural monuments and are subject of State registration
with a view to their fullest possible identification and to assis-
tance in ensuring their preservation.
Citizens who have historic and cultural monuments in
their possession are obliged to observe the rules for the pro-
tection, use, registration, and restoration of monuments.
...
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value, may, by decision of the Council of Ministers of the USSR
or the Council of Ministers of a Union Republic, be declared
historic and cultural reservations, the protection of which is
carried out on the basis of a special regulation in each case.
...
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Article 29. The procedure for the temporary removal
of historic and cultural monuments beyond the borders
of the USSR
With the aim of promoting international cultural exchanges,
the temporary removal of historic and cultural monuments
beyond the borders of the USSR is allowed with observance of
the rules and regulations specially established for each case
by the appropriate State organ of the Union of Soviet Socialist
Republics.
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