Abstract:

Abstract:

Abstract:

Abstract:

DOI: 10.7256/2454-0595.2021.2.34753

Abstract: The object of this research is the immovable cultural heritage. The subject of this research is the activity of the local self-government for the conservation, use, and popularization of cultural heritage sites owned by the municipalities, located in their territories, as well as state protection of cultural heritage sites of local (municipal) significance. Such authority is set in by the Federal Law “On Cultural Heritage Sites (Historical and Cultural Monuments) of the Peoples of the Russian Federation” and the Federal Law No.131-FZ “On General Principles of the Organization of Local Self-Government in the Russian Federation). Leaning on the experience of the colleagues and analysis of the activity of Ufa City Municipal District Administration  of the Republic of Bashkortostan, positive and negative results obtained in the course of exercising the authority granted by the legislation in this sphere, the author acknowledges the need for a more integrated approach towards conservation of immovable cultural heritage of the local (municipal) significance; it includes the stage of its identification, and registration (with the municipal authorities), as well as organization of their rational use, such as leasing, privatization, etc. The article provides a number of recommendations, which are based on the practical experience and comprehension of theoretical material.

Keywords: immovable cultural heritage, the powers, privatization, popularization, cultural heritage sites, historical monuments, local authorities, restoration, municipal property, inscription in the Register

DOI: 10.7256/2454-0595.2017.2.21860

Abstract: The research subject is the legislation of Krasnodar Region and the Russian Federation regulating the concept and the content of the “government protection of cultural heritage sites” legal institution. The research object is social relations, arising between the government protection agencies and other entities in relation to government protection implementation, and the peculiarities of application of particular instruments of government protection. The authors study the legislation and the related social relations of the Soviet and the post-Soviet periods, and compare the legislation of different levels and different historical periods. The research methodology is based on the principles of historicism and objectivity. The authors apply the following research methods: historical-comparative, historical-typological, problem-oriented, socio-psychological, and retrospective. The authors use the principles of analysis and synthesis. The authors come to the following conclusions: the “government protection of cultural heritage sites” concept didn’t exist in the Soviet legislation and in Russian legislation before 1997; since 1997 till the present time, the “government protection of cultural heritage sites” concept has been formalized and reinterpreted as a legal mechanism; the authors ascertain the likeness of the term and the content of “government protection of cultural heritage sites” in federal and regional legislation despite the initially different “starting points” and the still existing certain differences. 

Keywords: federalism, Krasnodar region, popularization, preservation, use, legal institution, cultural heritage site, government control, government protection, legislation

DOI: 10.7256/2454-0595.2016.3.18104

Abstract: The research subject includes the administrative grounds of exhibition activities regulation. The article analyzes the main international and Russian statutory instruments regulating the process of transfer of cultural values. The author considers the rules of transfer of museum items for organizing exhibitions in Russian and foreign museums, including the procedure of preparing a petition about museum items transfer, expertise, insuring museum items and collections, and their transportation. The study focuses on the issues of safety of museum items and collections which are exposed abroad, and the rules of their return to the Russian Federation. The author applies general scientific theoretical methods: system, dialectical, logical, and specific legal methods, including the complex method, the comparative-legal method, analysis and synthesis. To study the legislation, the author applies the method of lexical and grammatical analysis. The novelty of the research lies in the complex consideration of the administrative grounds of exhibition activities. The author studies the procedure of transfer of museum items, the problems of their safety provision and return, and offers the measures of improving the current procedure of coordination. 

Keywords: culture, museum, museum item, museum collection, exhibition, transfer of cultural values, expertise of cultural values, cultural values insuring, cultural values transportation, Ministry of Culture

DOI: 10.7256/2454-0595.2016.3.67525

Abstract: The research subject includes the administrative grounds of exhibition activities regulation. The article analyzes the main international and Russian statutory instruments regulating the process of transfer of cultural values. The author considers the rules of transfer of museum items for organizing exhibitions in Russian and foreign museums, including the procedure of preparing a petition about museum items transfer, expertise, insuring museum items and collections, and their transportation. The study focuses on the issues of safety of museum items and collections which are exposed abroad, and the rules of their return to the Russian Federation. The author applies general scientific theoretical methods: system, dialectical, logical, and specific legal methods, including the complex method, the comparative-legal method, analysis and synthesis. To study the legislation, the author applies the method of lexical and grammatical analysis. The novelty of the research lies in the complex consideration of the administrative grounds of exhibition activities. The author studies the procedure of transfer of museum items, the problems of their safety provision and return, and offers the measures of improving the current procedure of coordination. 

Keywords: culture, museum, museum item, museum collection, exhibition, transfer of cultural values, expertise of cultural values, cultural values insuring, cultural values transportation, Ministry of Culture

DOI: 10.7256/2454-0595.2016.4.16808

Abstract: The author considers the fundamental sources of public-legal regulation of the cultural sphere, which regulate the relations in the sphere of preservation and development of culture in the Russian Federation, establish legal, organizational, economic, and social grounds of activities in this sphere. Administrative-legal regulation of relations in the sphere of culture and art is based on the provisions of the Constitution of the Russian Federation and is realized by the national legislation including federal laws and other statutory instruments of the Russian Federation. The author attempts at covering all the range of sources of administrative-legal regulation of culture. The main research method is the method of analysis of the fundamental sources of administrative-legal regulation of culture which regulate the relations in the sphere of culture in the Russian Federation and establish the legal, organizational, economic and social grounds of activity in this sphere. The author touches upon all the recent changes of and amendments to the legislation related to the cultural sphere. The author analyzes the work of the Ministry of Culture and its tasks for 2015. The author detects the existing problems of this sphere and comes to the conclusion about the degree of implementation of these tasks, the ways of the normative-legal base improvement in the sphere of culture, and the prospects of its further development. 

Keywords: culture, cultural policy, administrative-legal regulation, relations in the cultural sphere, legislation of the Russian Federation, sources of administrative-legal regulation, statutory instruments, Ministry of Culture of the Russian Federation, legal grounds, national priorities in tourism

DOI: 10.7256/2454-0595.2016.4.67636

Abstract: The author considers the fundamental sources of public-legal regulation of the cultural sphere, which regulate the relations in the sphere of preservation and development of culture in the Russian Federation, establish legal, organizational, economic, and social grounds of activities in this sphere. Administrative-legal regulation of relations in the sphere of culture and art is based on the provisions of the Constitution of the Russian Federation and is realized by the national legislation including federal laws and other statutory instruments of the Russian Federation. The author attempts at covering all the range of sources of administrative-legal regulation of culture. The main research method is the method of analysis of the fundamental sources of administrative-legal regulation of culture which regulate the relations in the sphere of culture in the Russian Federation and establish the legal, organizational, economic and social grounds of activity in this sphere. The author touches upon all the recent changes of and amendments to the legislation related to the cultural sphere. The author analyzes the work of the Ministry of Culture and its tasks for 2015. The author detects the existing problems of this sphere and comes to the conclusion about the degree of implementation of these tasks, the ways of the normative-legal base improvement in the sphere of culture, and the prospects of its further development. 

Keywords: culture, cultural policy, administrative-legal regulation, relations in the cultural sphere, legislation of the Russian Federation, sources of administrative-legal regulation, statutory instruments, Ministry of Culture of the Russian Federation, legal grounds, national priorities in tourism

DOI: 10.7256/2454-0595.2016.6.19411

Abstract: The research subject includes the provisions of the existing legislation on the cultural heritage objects related to the protective zones of archaeological heritage. The research object includes social relations emerging in the process of defining, establishing and approving these protective zones and their appropriateness for the archaeological heritage objects. The author analyzes the changes which had taken place in the legislation under consideration and legal regulation of this issue in the regions of the Russian Federation, detects the existing problem and offers various ways of its solving. The author applies the set of general scientific methods including deduction, induction, analysis, synthesis, the historical and sociological methods, the method of comparative analysis. The novelty of the study consists in the fact that based on the historical and legal analysis of the current legislation and the logic of the established practice, the author analyzes the new provision of the federal law, and demonstrates its defects caused by the incorrect interpretation of the meaning of the legal institution by the representatives of the federal specialized body, and offers the concrete ways of changing or amending this law in order to solve the existing problem.

Keywords: interpretation of the provision, Ministry of Culture, archaeological supervision, protective zones project, temporary protective zones, protective zones, protective zones, archaeological monument, monument area, archaeological heritage object

DOI: 10.7256/2454-0595.2016.6.67909

Abstract: The research subject includes the provisions of the existing legislation on the cultural heritage objects related to the protective zones of archaeological heritage. The research object includes social relations emerging in the process of defining, establishing and approving these protective zones and their appropriateness for the archaeological heritage objects. The author analyzes the changes which had taken place in the legislation under consideration and legal regulation of this issue in the regions of the Russian Federation, detects the existing problem and offers various ways of its solving. The author applies the set of general scientific methods including deduction, induction, analysis, synthesis, the historical and sociological methods, the method of comparative analysis. The novelty of the study consists in the fact that based on the historical and legal analysis of the current legislation and the logic of the established practice, the author analyzes the new provision of the federal law, and demonstrates its defects caused by the incorrect interpretation of the meaning of the legal institution by the representatives of the federal specialized body, and offers the concrete ways of changing or amending this law in order to solve the existing problem.

Keywords: interpretation of the provision, Ministry of Culture, archaeological supervision, protective zones project, temporary protective zones, protective zones, protective zones, archaeological monument, monument area, archaeological heritage object