Legal and Regulatory Aspects of Archaeological Heritage Protection in Contemporary Ukraine : General Overview and Opportunities for Improvement

Since 2014, a portion of our country’s territory has been under occupation by Russian forces, leading to the declaration of martial law in Ukraine in 2022. This stems from the Russian Federation’s “liberation operation” purportedly aimed at unifying our nations, promoting the notion of fraternal ties. Moreover, the occupiers persistently inflict irreparable damage upon Ukraine’s cultural heritage, seeking to obliterate evidence contradicting their narrative and ultimately erasing our national identity. Hence, safeguarding our historical legacy, particularly archaeological sites – among the most vulnerable heritage assets — is paramount and demands immediate solutions. Numerous legal frameworks govern the protection of cultural heritage, bolstered by Ukraine’s membership in the UN, affording access to international standards and best practices in shaping legal and administrative frameworks for safeguarding archaeological heritage. This publication delves into the primary normative legal instruments governing archaeological heritage protection within Ukraine’s legislation. Specifically, it explores the regulatory framework established by the Law of Ukraine “On Protection of Archaeological Heritage” and the Law of Ukraine “On Protection of Cultural Heritage.” Additionally, it acknowledges the relevance of ancillary legislation such as the Laws of Ukraine “On Regulation of Town Planning Activities”, “On Architectural Activities”, “On Culture”, and “On the State Land Cadastre”. Furthermore, the article discusses ratified international treaties, whose implementation facilitates collaboration with other nations in the realm of cultural heritage preservation. It scrutinizes the principal shortcomings of the aforementioned laws, illustrating the legislative framework’s deficiencies through a case study focusing on archaeological sites in the Kyiv region. Through these examples, the article highlights areas for potential enhancement within the legislative framework. Preserving our history stands as a paramount task demanding urgent attention. One proposed solution involves engaging international governmental and non-governmental organizations to establish dedicated authorities tasked with safeguarding archaeological heritage. These bodies would oversee the maintenance of a unified electronic registry of archaeological sites within each region. Such a system would facilitate the systematic organization of data, encompassing both registered sites and archaeological objects requiring protection. Key words: law, archaeological object, archaeological site, cultural heritage, legislative act.