THE RIGHT TO ACCESS TO CULTURAL VALUES: A COMPARATIVE-LEGAL ANALYSIS OF FOREIGN LEGISLATION
Authors:
1.
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
( nauchnyy sotrudnik)
Type:
Article
Pages:
from 81
to 86
Status:
Published
Received:
31.07.2017
Accepted:
05.12.2017
Published:
23.08.2017
Subject area:
UDK 34 Право. Юридические науки
BBK 67 Право. Юридические науки
BBK 67 Право. Юридические науки
Language:
Russian, English
Keywords:
cultural values, achievements of culture, cultural facilities, cultural heritage, cultural property, monuments of history and culture.
Abstract (English):
The article is devoted to consideration of the concept of “cultural values”, the ambivalent interpretation in international legal acts and reception into laws of various states. Culture has always been and continues to be the most important line of activity of a state which is closely connected with the state of the spiritual sphere of the society’s life. The cultural rights form an independent section of rights and relate, in historic terms, to the so-called “second generation rights”, along with economic and social rights. Since the last half of the XX century, introducing of cultural rights into the category of constitutionally vested becomes one of the distinguished features of law making development in many countries of the world. The article aims to demonstrate development of the concept of “universal heritage of humanity” and its globalization in the modern international law. It has been observed in the article that, despite different attitudes to the concept of “cultural values”, the mentioned category acquires an attribute of “universal significance” for the world culture in general. The author also sets a target to disclose the concept of “rights for access to cultural values” through the example of reviewing laws of former CIS countries and a number of Western European countries. The article draws attention to the fact that regulatory acts of European countries do not contain direct provisions of rights for access to cultural values as a complex of legal institutions; however, a number of laws contain certain elements of this right. In his article the author also considers the provision of interdetermination of the right for access to cultural values with right of dignified life. The dialectic, systematic, legal comparative, normative and other methods of obtaining knowledge were taken as a methodological basis of this scientific work. On basis of the reviewed material, the author comes to a conclusion that the international law establishes universal human and civil rights and freedoms in scope of cultural rights and determines their content. Each state should not only provide details in national law but also ensure their practical realization in order to save and rationally use its cultural heritage.
The article is devoted to consideration of the concept of “cultural values”, the ambivalent interpretation in international legal acts and reception into laws of various states. Culture has always been and continues to be the most important line of activity of a state which is closely connected with the state of the spiritual sphere of the society’s life. The cultural rights form an independent section of rights and relate, in historic terms, to the so-called “second generation rights”, along with economic and social rights. Since the last half of the XX century, introducing of cultural rights into the category of constitutionally vested becomes one of the distinguished features of law making development in many countries of the world. The article aims to demonstrate development of the concept of “universal heritage of humanity” and its globalization in the modern international law. It has been observed in the article that, despite different attitudes to the concept of “cultural values”, the mentioned category acquires an attribute of “universal significance” for the world culture in general. The author also sets a target to disclose the concept of “rights for access to cultural values” through the example of reviewing laws of former CIS countries and a number of Western European countries. The article draws attention to the fact that regulatory acts of European countries do not contain direct provisions of rights for access to cultural values as a complex of legal institutions; however, a number of laws contain certain elements of this right. In his article the author also considers the provision of interdetermination of the right for access to cultural values with right of dignified life. The dialectic, systematic, legal comparative, normative and other methods of obtaining knowledge were taken as a methodological basis of this scientific work. On basis of the reviewed material, the author comes to a conclusion that the international law establishes universal human and civil rights and freedoms in scope of cultural rights and determines their content. Each state should not only provide details in national law but also ensure their practical realization in order to save and rationally use its cultural heritage.
Keywords:
cultural values, achievements of culture, cultural facilities, cultural heritage, cultural property, monuments of history and culture.
cultural values, achievements of culture, cultural facilities, cultural heritage, cultural property, monuments of history and culture.
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