Theoretical, legal and applied aspects of the application of administrative agreements in the field of cultural heritage protection by local public administration bodies

In the scientific article, the author conducted a scientific study of the theoretical, legal and applied aspects of the application of administrative contracts in the field of cultural heritage protection. The scientific article indicates that the responsibility of local councils and local state administrations includes issues of ensuring the protection of historical and cultural monuments, the preservation and use of cultural heritage, the organization of their protection, restoration and use, including through the conclusion of administrative contracts. In the field of cultural heritage protection, such administrative contracts are concluded with the participation of local public administration bodies as protection contracts for cultural heritage monuments, for newly discovered cultural heritage objects or their parts. The obligatory parties to such contracts are local public administration bodies, individuals or legal entities as owners of monuments, newly discovered cultural heritage objects or their parts, as well as a local public administration body, including a higher level as a subject of ensuring the protection of cultural heritage monuments. An essential condition of administrative agreements concluded in this area is to ensure the preservation of monuments, newly discovered cultural heritage objects or their parts by the owners. In the administrative-legal doctrine, the legal nature of a protection agreement for cultural heritage monuments is defined differently - it is defined as an agreement that has a dual legal nature (private law and public law), as a civil agreement that is characterized by certain features of an administrative agreement, as an administrative agreement that determines the mutual rights and obligations of its participants in the public law sphere. Such a discussion is caused by the lack of a direct definition in the legislation of a protection agreement as administrative, however, in judicial practice such agreements are defined as administrative, including due to the fact that the conclusion of such an agreement occurs instead of the issuance of an individual act of the cultural heritage protection body in cases specified by the law on the protection of cultural heritage. Most often, in judicial practice, in disputes related to the application of protection contracts by local public administration bodies as contracts in the field of cultural heritage protection, issues are resolved regarding the failure of the local public administration body to fulfill the terms of the protection contract and the failure to conclude a protection contract.