scholarly journals International legal description of crimes in the field of culture and art

2021 ◽  
Vol 4 (2) ◽  
pp. 233-240
Author(s):  
R. Valeev ◽  
A. Mezyaev ◽  
E. Motrokhin ◽  
A. Lestev
Keyword(s):  
Cultural Heritage ◽  
Analytical Methods ◽  
Comparative Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Practice ◽  
International Crimes ◽  
Relevant Field ◽  
Protection Of Cultural Heritage

The article deals with international crimes related to cultural heritage. The current international legal framework for the protection of cultural heritage and the prosecution of persons, involved in cultural crimes, is being analyzed. The authors attempted to classify Che types of crimes, gave international legal characteristics to attribute the crime to the relevant field of international legal regulation, and also presented examples from legal practice. The article uses methods of interpretation of law, analytical methods, methods of comparative law, as well as classification and typology.

scholarly journals The specifics of establishing special conditions for the use of territories adjacent to cultural heritage objects

2021 ◽  
Vol 5 (1) ◽  
pp. 63-69
Author(s):  
K. V. Tihonova ◽  
◽  
A. O. Kalinichenko ◽  
E. O. Kalinichenko ◽  
◽  
...  
Keyword(s):  
Complex System ◽  
Cultural Heritage ◽  
Legal Regulation ◽  
Legislative Framework ◽  
Definition Of ◽  
Cultural Heritage Objects ◽  
Protection Of Cultural Heritage

The procedural mechanism for establishing zones with special conditions for the use of the territory ( ZOUIT), one of the types of which are zones for the protection of cultural heritage objects (OCN), is a complex system that is characterized by both positive and negative aspects that require detailed study, which explains the relevance of this problem. The article deals with the main theoretical aspects of the establishment of security zones. The legally established concepts of the relevant sphere, as well as the regulated classification of the zones under consideration, are given. The multi-purpose nature of the establish-ment of such zones is noted, the main goals of their formation are highlighted. The key problems of legal regulation of relations related to the establishment of the zones under consideration and the definition of their borders are analyzed. In addition, innovations related to the relevant legislative framework are disclosed, and their effectiveness is evaluated.

scholarly journals NEKILNOJAMOJO KULTŪROS PAVELDO TVARKYBOS IR STATYBOS TEISĖS NORMŲ KONKURENCIJA

Teisė ◽  
2013 ◽  
Vol 86 ◽  
pp. 71-86
Author(s):  
A. Umbrasas
Keyword(s):  
Cultural Heritage ◽  
Legal Regulation ◽  
Proper Management ◽  
Urban Heritage ◽  
The Law ◽  
Protection Of Cultural Heritage

Publikacijoje nagrinėjami Lietuvos Respublikos nekilnojamojo kultūros paveldo apsaugos įstatyme ir Lietuvos Respublikos statybos įstatyme įtvirtintų teisės normų konkurenciniai aspektai, tvarkant architektūrinį ir urbanistinį paveldą. Atskleidžiama teisės normų taikymo specifika, analizuojant, kokios teisės normos ir kada taikytinos kaip lex specialis. Galiojantis kultūros paveldo apsaugos teisinis reguliavimas nėra aiškus ir nuoseklus – įstatymuose įtvirtintos sąvokos stokoja aiškumo, atskiros normos turi prieštaravimų, neatskirta kontroliuojančių institucijų kompetencija, yra teisinio reguliavimo spragų, o tai trukdo tinkamai tvarkyti architektūrinį ir urbanistinį paveldą, kelia teisės taikymo ir aiškinimo problemų.In this publication, competitive aspects of rules of law (as set by the Law on Protection of Immovable Cultural Heritage of Republic of Lithuania and the Law on Construction of Republic of Lithuania) are analyzed in the context of management of architectural and urban heritage. Specifics of rules of law are revealed by analyzing which rules of law are applied as lex specialis in certain situations. Contemporary legal regulation of protection of cultural heritage is not clear nor consistent – concepts defined by laws lack clarity, different rules of law contradict one another, competences of managing institutions are not separated, there are flaws in legal regulation, all of which interferes with proper management of architectural and urban heritage and raises problems in application and interpretation of law.bsp;

The issues of cadastral registration of cultural heritage objects in the territory of Khersones Tavricheskiy

2021 ◽  
pp. 771-776
Author(s):  
N.R. Pulbery ◽  
A.Yu. Perov
Keyword(s):  
Urban Planning ◽  
Cultural Heritage ◽  
Legal Regulation ◽  
English Version ◽  
Planning Practice ◽  
Cultural Heritage Objects ◽  
Protection Of Cultural Heritage

The article is about the issue of state legal regulation in the field of protection and implementation of cadastral registration of cultural heritage objects. The importance and relevance of the protection of cultural heritage objects is confirmed by the negative urban planning practice, which in some places completely excluded historical settlements from the territory of the country. The authors proposed some clarifications to reduce the fragmentation of legislation. English version of this article under title "Problems of cadastral registration of cultural heritage objects on the territory of Tauric Chersonesos" is available at URL: https://panor.ru/articles/problems-of-cadastral-registration-of-cultural-heritage-objects-on-the-territory-of-tauric-chersonesos/73658.html

scholarly journals HISTORICAL AND CULTURAL TERRITORIES: ADMINISTRATIVE AND LEGAL PROTECTION REGIMES IN THE LEGISLATION ON CULTURAL HERITAGE OBJECTS

2020 ◽  
Vol 5 (8) ◽  
pp. 32-45
Author(s):  
S. Makarov
Keyword(s):  
Cultural Heritage ◽  
Cultural Landscape ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Regime ◽  
Foreign Countries ◽  
Definition Of ◽  
Cultural Heritage Objects ◽  
Landscape Gardening ◽  
Protection Of Cultural Heritage

This article examines the problems of classification and establishment of administrative and legal regimes for the protection of various historical and cultural territories provided for by the legislation on the state protection of cultural heritage objects. As a result of the analysis of international legal acts, it is concluded that some provisions of the Russian legislation do not fully comply with international rules. The problem of legal regulation in terms of such territorial (planar) objects of cultural heritage as works of landscape architecture and landscape gardening is highlighted. Examples of a number of foreign countries with significant experience in establishing historical zones and cultural landscape protection are given. The indicated experience makes it possible to identify the redundancy of some provisions of the Russian legislation relating to historical settlements and historical and cultural reserves. The article offers the author's definition of historical and cultural territories, and also puts forward a number of proposals to change Federal legislation, in particular, to adjust the concept of a landmark and its types of objects, the legal regime of a landmark, to make changes to the legislation on museums- reserves, as well as to abolish the rules relating to historical and cultural reserves. The paper identifies promising areas for further research on this topic and ways to improve legislation on the protection of cultural heritage.

The Oxford Handbook of International Cultural Heritage Law

2020 ◽  
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Driving Force ◽  
Comparative Law ◽  
Legal Framework ◽  
Private International Law ◽  
Public And Private ◽  
Public International Law ◽  
Heritage Protection ◽  
Coherent Body

This Handbook sets out and assesses the international legal framework governing the protection of cultural heritage. Cultural heritage is frequently not bounded by national territory and can only effectively be protected through international cooperation. This is a primary driving force of contemporary multilateral, regional, and bilateral initiatives, including legal measures. Accordingly, the Handbook is primarily focused on public international law, but it embraces also aspects of private international law and comparative law. It analyses the substance of cultural heritage protection and explores its links with other areas of public and private international law, as well as the ways in which cultural heritage law is contributing to the development of international law itself. The Handbook concludes with an examination of the implementation of cultural heritage law and of regional approaches. It reflects the diversity of developments in almost every field of international law which is leading to this specialist area of law and provides an overarching rationale for understanding and teaching cultural heritage law as a coherent body of law with key principles and practices. The book is designed in such a manner to enable a reader, whether it be a practitioner, policymaker, teacher or student, to pick and choose according their individual needs.

Legal framework for improvement of agroecology by cultivating jerusalem artichoke

2020 ◽  
pp. 59-66
Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi
Keyword(s):  
Environmental Protection ◽  
Organic Farming ◽  
Alternative Energy ◽  
Building Materials ◽  
Environmental Law ◽  
Jerusalem Artichoke ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Application ◽  
Scientific Cognition

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.

PROSPECTS FOR THE DEVELOPMENT OF THE LEGAL MECHANISM FOR THE FUNCTIONING OF PAYMENT SYSTEMS

2020 ◽  
Vol 13 (3) ◽  
pp. 079-084
Author(s):  
ELIZAVETA SALINA ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Payment System ◽  
State University ◽  
Payment Systems ◽  
Proper Functioning ◽  
Money Transfer ◽  
Level Of Significance ◽  
Transfer Services ◽  
Legal Mechanism

1 Lomonosov Moscow State University, Moscow, Russia The presented research reveals an approach to the construction of a legal mechanism for the functioning of payment systems. The proposed approach is based on the application of the principles of legal regulation. The purpose of a work is to determine the existing legal mechanism for the functioning of payment systems, identify its drawbacks and propose a new approach to legal regulation to ensure the proper functioning of payment systems. The proposed approach to legal regulation takes into account the specifics of the functioning of payment systems, which consists in the presence of three elements in its activities: institutional, procedural and organizational. These elements reflect the subject structure of the payment system, the process of providing money transfer services by them, and the ways in which payment system entities interact during providing payment services. Each of the elements must be defined within the legal framework of the payment system to ensure its proper functioning. The proposed principles of legal regulation take into account the features of these elements, in particular, the principles are classified into three groups, depending on the element they affect. The paper describes ways to implement the principles in the legal mechanism: the possibility of their direct application, depending on the type of significance of the payment system, is analyzed. It is also concluded that the implementation of the principles in the legal mechanism will reduce the regulatory burden on payment systems by using an approach depending on the level of significance of the payment system. The paper defines the role of the principles, which is that the principles allow to eliminate the legal gaps in the legislation on the national payment system, and prevent the emergence of new gaps.

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