Ancient buildings of the suburb are protected by the Law
After an initial examination, the experts noted that the houses of a later period were built of stones taken from the ruined buildings of the past. This was repeated in every age, so the age and the purpose of the construction, which as a result of human activities has repeatedly built and rebuilt, difficult to determine.
At the moment, examining archaeological data, and based on existing plans of the city of different periods, it is safe to say that this archaeological site is located on the territory of one of the medieval suburbs of the city, i.e. located outside the perimeter fortifications, concluded the Deputy Director of the Museum of antiquities Yury Kokin . Specific its value is to be determined:
— It is likely that it was a retaining wall, which protected the suburb from potential landslide.
According to the scientific Secretary of the Museum of antiquities by Alexander Rodionov . this building could be the remains of an old mill, which was a lot in the Cafe and it leads to paved road indirect proof.
—Given the enormous scientific and cultural value of archaeological sites, the current Russian legislation provides a number of special measures to ensure their safety during construction works, — said Y. Kokin.
Thus, the design, excavation, reclamation, construction work is carried out only upon the conclusion of historical and cultural examination about absence in the territory of cultural heritage objects (Federal law “On objects of cultural heritage (monuments of history and culture) of peoples of the Russian Federation”, V. 36, p. 1). In case of detection, in projects make topics about security (article 36, paragraph 2). The financing of archaeological research carried out at the expense of the customer (V. 36-37). They can be the state or the owner of the land who has decided to start construction.
The law also stipulates the sanctions that can be applied when a threat to the conservation of the archaeological heritage during construction and other works. In particular, it is prohibited the use of land, within which there are objects of archaeological heritage, which can worsen their condition (article 52). The local administration and the Federal bodies of protection of objects of cultural heritage have the right to suspend construction or other work in which no measures are observed to ensure the safety of such facilities (article 37).
As to liability for violations of the Federal law “On objects of cultural heritage (monuments of history and culture) of peoples of the Russian Federation” it is defined in art. 61, in the Criminal code of the Russian Federation. Possible criminal, administrative and other legal responsibility for such offenses, and the person who caused the harm to the cultural heritage are also required to reimburse the cost of the activities necessary for its preservation (article 61, paragraph 2 of the Act).
As the onsite facilities, according to experts, can remain valuable artifacts of the period, ceramics etc. the Museum has informed the Department of architecture of the city Administration, and will also send a letter to the state Committee for the protection of cultural heritage of the Republic of Kazakhstan to the owner of land was obliged to wait with the construction until the excavation. If the chief architect of Philip Biruk finds the arguments of the experts of the Museum is significant, the Department of architecture will send the site owner an injunction of construction before the arrival of the expert Commission of the state Committee for the protection of cultural heritage of Kazakhstan.