FEATURES OF SECURITY OF THE OBJECTS OF CULTURAL HERITAGE UNDER THE LEGISLATION OF BELARUS AND UKRAINE

Abstract

Problem setting. At the moment, the problem of legal regulation of the preservation of cultural heritage sites remains relevant. Firstly, this is due to the fact that there is no consensus in understanding the concepts of “cultural values” and “cultural heritage”, “cultural heritage”. Secondly, objects of cultural heritage need to be protected and protected, since traditional methods of providing are not always effective, therefore, the use of innovative ones is required.

Target of research. The purpose of this article is to analyze the objects of cultural heritage and cultural property and determine the aspects of their preservation. The novelty of the work lies in the establishment by the authors of the specifics of traditional and innovative approaches to the preservation of cultural heritage objects and can be systematized in a certain way.

Analysis of resent researches and publications. At the scientific level, different scholars have turned their attention to the problems of the concept and signs of cultural heritage objects and cultural values, however, the issues of preservation of cultural heritage objects remain relevant and need further scientific understanding, including in a comparative aspect.

Article’s main body. The traditional approach that acts as a regulator of public relations regarding cultural heritage sites is the protection of these sites. For example, the protection of monuments is a historically developed peculiar form of social activity of people, a specific social phenomenon, one of the components of history and culture. However, it is clear that at present, only traditional approaches do not allow solving problems in the protection of cultural heritage. This leads to an underestimation of the social role of original monuments, the imperfection of the state system for the protection of monuments, the imperfection of monument protection legislation, the underdevelopment of monument science, the problem of cultural and environmental education of the general population, the problem of selecting monuments for preserving, delimiting property rights to monuments and new construction in historical cities and etc.

Conclusions and prospects for the development. 1. In order to create additional legal guarantees to ensure the preservation of tangible immovable historical and cultural values, it is proposed to establish administrative responsibility for evading the signing of security obligations and introduce criminal liability for violation of the requirements for the conservation or use of historical and cultural values or tangible objects that may be given the status of historical–cultural values resulting in negligence of their damage or destruction. 2. Among the effective civil law measures aimed at preventing violations in the field of historical and cultural heritage include the statement of claim for termination of activity (sentencing to inaction), which poses a threat to the existence of immovable material historical and cultural value (monument of architecture and urban planning, historical buildings, archaeological sites, etc.).