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Presidium of the Supreme Arbitration Court sought from the company whose worker demolish eleven tombs in the cemetery pectoral Burgaltay, means to get rid of the archaeological remains of the monument. Earlier, the Ministry of Culture of Buryatia could not manage to make this: the courts have referred to it as if certain necessary amount of recovery will be allowed only to calculate according to the results of rescue cases.

In 2009, the uproar broke out in Buryatia: Dzhida in the region of the republic have been destroyed eleven cemeteries dogunnskogo period, built in 1.2 Millennium BC Destroyer found and punished, but to get to his employer's money to get rid of the monument archeology District Ministry of Culture could not get in now time. To promote joined SAC.

It turns out that the monument was destroyed according to the fault bulldozer B. Not bad, Coy decided to use crushed stone, composes the base of mounds, to build the dam filter - initially designed for the ready near gait, but, according to the words of the bulldozer, get him out of the granite was " is unrealistic. " Burial (hereksury) located just after the 60 th and did not fenced or marked ("If we let the pointer ancient monument, then provide a possible sign of thieves" dig here ", - explained the" Russian printed publication "National service specialist state preservation of monuments Vladimir Konev. - Because they think, if placed in the tombs of gold and silvery. ").

As a result of the bulldozer was sentenced according to Part 2 of Art. 243 of the Criminal Code, and intentionally made by the Commission has determined to regain lost if hereksury unrealistic, but you have to rescue according to withdrawal of archaeological finds, and estimates of how much might be limited. 2.8 million rubles. according to estimates it sweeps through the tribunal to take the company "Meliorator" bulldozer employer is not bad (craft A10-1940/2010).

The arbitral tribunal rejected the Republic of Buryatia Ministry, saying, though conjectural amount of recovery (which was calculated according to a special collection of quotations for research and design work) and did not have opportunity to be considered as a true magnitude of harm. "The price of the destroyed hereksurov not defined, the resumption of nature they can not be" - considered the tribunal. He showed again, as if to calculate the required amount to the correct penalty is permitted only afterward rescue cases. The 4th Arbitration Appeal Tribunal and the Federal Antimonopoly Service of the East-Siberian region agreed with that belief.

At the time, because, as said at the meeting of the referee now-Rapporteur Wavy Goryachev, p.2 Art.15 of the Civil Code before the uptake of damage in that amount of uncollected finance - that is, a "Code plainly anticipates the reward of damages in the form of future costs necessary to restore violated rights. " Apart from this, Art. 61 of the objects of cultural heritage duty straight points to compensate for the cost of restoration cases.

Ministry of Culture of Buryatia has turned now to win: all past judicial decisions YOU put and agreed to take the necessary amount requested by quite.