SPECIFIC FEATURES OF CRIMINAL OFFENSES THAT INFRINGE ON CULTURAL VALUES IN UKRAINE

Abstract

The article notes the importance of protection of objects of cultural heritage as an activity of the state to ensure a system of legal, organizational, financial, material and technical, urban, informational and other measures to account (detection, scientific study, classification, state registration), prevention of destruction or damage, protection, storage, maintenance, appropriate use, conservation, restoration, repair, rehabilitation, adaptation and museification of cultural heritage. Such actions are based on the norms of international law and national legislation on the protection of cultural heritage. Such activities become especially important during martial law. Cultural heritage means “landmarks: works of architecture, monumental sculpture and painting, elements and structures of an archaeological character, inscriptions, caves and groups of elements which are of outstanding universal value from the point of view of history, art or science; ensembles: groups of isolated or united buildings whose architecture, unity or relationship to the landscape are of outstanding universal value from the point of view of history, art or science; sightseeing places: works of man or common works of man and nature, and areas, including archaeological sites, of universal value in terms of history, aesthetics, ethnology, or anthropology”. Preservation and multiplication of cultural heritage is provided by the system of legal, organizational and administrative measures regulated by the Constitution of Ukraine, international conventions ratified by the Parliament of Ukraine, legislative acts on preservation of cultural heritage, among which are the Laws of Ukraine “On protection of cultural heritage”, “On protection of archaeological heritage”, “On museums and museum business”, “On export, import and return of cultural property” and other normative acts. The subject of such protection is the characteristic property of the object, constituting its historical and cultural value, on the basis of which this object is recognized as an object of cultural heritage. Objects of cultural heritage include objects of material and spiritual culture, which have artistic, historical, ethnographic, and scientific value and are subject to preservation in accordance with the legislation of Ukraine. To record objects of material and spiritual culture of exceptional historical, artistic, scientific, or other cultural value, which are important for the formation of the national consciousness of the Ukrainian people and determine its contribution to the world cultural heritage, the State Register of National Cultural Heritage was established, which includes stories; archaeological monuments; urban planning and architectural sites; art monuments; documentary attractions. Other objects of exceptional historical, cultural, ethnological, or scientific review value may also be entered in the register. The importance of the criminal-legal protection of objects of cultural heritage depends primarily on such a set of factors that condition the activities of the state to provide a system of legal, organizational, measures to ensure their protection and conservation, reproduction, and protection. Among the threats to cultural values it is necessary to distinguish the criminal, and therefore the issue of their criminal and legal protection is important today. Current criminal law provides for responsibility for infringement on certain objects of cultural patrimony, namely cultural values, cultural heritage, monuments of cultural heritage, archaeological heritage and documents or unique documents of the National Archive Fund.