Malyshev O.

Malyshev O. Historical development of the Italian legislation on the archaeological heritage protection

The article is devoted to the research of the historical development of Italian legislation on the archaeological heritage protection. Chronological frames of the investigation are vast enough. Legislative acts from the first XVth century’s Papal Bulls to the adoption of the actually applicable Urbani Code (2004) are analyzed.

It is hard to mark the actual Italian archaeological law out of the system of the general heritage law in this country but many elements of archaeological law in the whole world were initially developed on the Italian territory. Inter alia, it should be mentioned the authorizing proceedings for archaeological excavations, report obligation in a case of archaeological find, heritage cataloging, establishment of archaeological protective zones etc. Although ancient Italian legislation is primarily interested in the protection of archaeological objects as works of art, the elements of cultural and educative estimation of these objects also appear very early. Papal State occupies the first place in the realm of heritage legislation but some preunitarian states of Italy (for example Venice, Naples, Toscane etc.) were also able to develop his original heritage protective models.

1860–1870 Italy unification was marked by decline of the heritage protection movement as well as of the relative legislation owing to the liberal ideology that considered private property as the principal social value and refuted any public intervention in that sphere. Only in the first decade of the XXth century appeared first all-Italian laws for protection of the cultural property (in the first place – Nazi Law of 1902 and Rosadi Law of 1909). Bottai Law of 1939 initiated a new phase of heritage legislation development. In accordance with this law the transition from the governmental heritage protection to the heritage tutelage and from the catalogative conception of the cultural property to the abstract one was happened. In this basis goes on the actual advance of the Italian legislation and national archaeological heri- tage management mechanism. That advance is obvious in the actually applicable Urbani Code of 2004. This Code introduces modern mechanisms of preventive archaeology and develops the Landscape concept of the heritage tutelage. The experience of Italy demonstrates all cobwebs of the archaeological law problems giving hope to a despairing Ukrainian heritage movement that its problem can have a solution.

Key words: Italian law, archaeological heritage, archaeological excavations.

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