Thriftlessly Kept Archaeological Heritage Items. Issues of Criteria and Adequacy of Sanctions

The work is devoted to the study of criteria for mismanaged archaeological heritage sites, as well as the problems of proportionality of the sanctions established by the legislator applied to the rightholders of land plots that allow the improper condition of these objects. The provisions on the absence of specific criteria for the mismanagement of archaeological heritage sites and the presence, in this regard, of a high degree of discretion of judicial and executive authorities in assessing their condition are substantiated. The ambiguity of the norm governing the seizure of a land plot within the boundaries of which an object of archaeological heritage is located is argued from the point of view of the ratio of the illegal behavior of the subject and the volume of the seized property. Based on the results of the study, conclusions are formulated about the need to adjust legislation aimed at eliminating the existing legal uncertainty, the ultimate goal of which is to ensure the stability of civil turnover.