Prospects for the Systematization of Legislation on the Protection of Cultural Heritage Objects Through Codification

DOI

10.2991/aebmr.k.210222.041How to use a DOI?

Keywords

objects of cultural heritage, legislation codification, culture, cultural values, legal protection of monuments, improvement of legislation

Abstract

The article examines the features of legislation on the protection of cultural heritage objects at the stage of its reform in the XXI century. The author demonstrates the advantages and disadvantages of codification of this area of legislation, building on the existing first experience. Analysis of foreign legislation on the protection of cultural heritage objects (monuments of history and culture), the Code of Culture of the Republic of Belarus, and the practice of its application in 2017-2020 made it possible to formulate some proposals for clarifying the legal status of immovable monuments and movable cultural values, expanding the competence of state control and supervision bodies in the field of the protection and use of cultural heritage objects, which can be taken into account by the Russian legislator. It is proved that the codification of legislation on culture made it possible to streamline numerous regulatory legal acts in the field of cultural (historical and cultural) heritage and museum, library, and town-planning activities aimed at the preservation and use of cultural heritage objects. The author upholds the idea that the adoption of the Code of Culture of the Republic of Belarus creates the preconditions for the formation of a fundamentally new approach to state protection, registration, and use of ancient monuments and art pieces in modern life. Analyzing the main conceptual provisions of the Code of Culture of the Republic of Belarus, the author substantiated the need to include new norms from the legislation regulating architectural and town-planning activities. The purpose of the article is to familiarize the legal community with the first experience of codification of legislation on culture and the practice of its application. The conclusions and recommendations formulated based on the results of the study can be taken into account in the course of reforming the Russian legislation on the protection of cultural heritage objects, especially in terms of the protection of archaeological heritage which has long been in need of regulation. Considering that the judicial practice on disputes related to cultural values is only being formed, therefore, the proposed conclusions and recommendations may be useful to the judicial and law enforcement agencies.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - I.E. Martynenko
PY  - 2021
DA  - 2021/02/24
TI  - Prospects for the Systematization of Legislation on the Protection of Cultural Heritage Objects Through Codification
BT  - Proceedings of International Scientific and Practical Conference “Russia 2020 - a new reality: economy and society” (ISPCR 2020)
PB  - Atlantis Press
SP  - 209
EP  - 213
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.210222.041
DO  - 10.2991/aebmr.k.210222.041
ID  - Martynenko2021
ER  -