1Редчиц М.А_Summery_131018 (1139360), страница 3
Текст из файла (страница 3)
In orderto establish the unified language in legal construction of definitions in the CriminalCode of the Russian Federation in the field of cultural heritage protection, it isproposed to identify movable objects of special cultural value as "cultural values"and therefore introduce an appropriate clarification in the statute Art. 243(3) CCRF.8. The following rules for identifying the criminal liability in respect to thecultural heritage objects are formulated:- the state construction inspection is an integral part of the legal scheme topreserve monuments of cultural heritage, which emphasizes the importance ofcompliance with the requirements of building regulations.
Accordingly, theviolations of the requirements in question entails the criminal responsibility underArt. 243(1) CC RF;- committers of the crime as provided in Art. 243(1) CC RF are: a) theowners and other legal owners of the cultural heritage objects and b) otherpersons involved in the conservation of cultural heritage sites enlisted in FederalLaw No.
73-FZ of 25.06.2002 "On Cultural Heritage Objects (Monuments historyand culture) of the peoples of the Russian Federation." For example, thoseindividuals may include government officials, persons directly carrying out theconservation work, and persons supervising the execution of works;- A crime under Art. 243(2) CC RF can be committed either intentionally orby negligence. In all cases, the individual committing the act must form a culpablestate of mind to be aware of the attended circumstance of the existence of a culturallayer on the territory of the excavation.
This fact is an important criterion forestablishing the criminal nature of the acts in question, since it is essentially theonly significant fact distinguishing the criminal offender from an individual whoaccidentally finds and seizes cultural asset from the place of occurrence. In theevent that an individual was not aware of the existence of a cultural layer, the actmust be qualified according to the rules of the factual mistake and therefore is not asubject to the criminal liability under the statute;11- the damage to the cultural layer - is a violation of its integrity, leading to aloss of the ability to obtain certain data contained in its composition.
According tothe statute, Art. 243(2) CC RF, the moment the crime is completed is the momentwhen the offender‘s act causes damage to the cultural layer without the need tospecify the extent of such damage;- for the definition of criminal liability under Part 2 of Art. 243(2) CC RF itdoes not matter whether or not there is a historical connection of thearchaeological object with the object of cultural heritage from the territory ofwhich it was seized;- the moment of the completion of the crime under Art.
243(3) CC RF is themoment when the individual evades the transfer of the discovered cultural propertyto the state, which may be indicated by the expiration of the term set by the law forthe transfer procedure, as well as by other factors indicative of the individual'sintention to evade the transfer of items to the state, in particular, by entering intotransactions on their alienation.9. Proposals on editing the statutory language in the articles of the CriminalCode of the Russian Federation.Article 243 of the Criminal Code of the Russian Federation should be amendedas follows:Article 243 CC RF: Destruction or damage to objects of cultural heritage(monuments of history and culture) of the peoples of the Russian Federationincluded in the unified state register of cultural heritage sites (monuments ofhistory and culture) of the peoples of the Russian Federation, identified culturalheritage sites, natural complexes, taken under the protection of the state, or culturalproperty1.
Intentionally destroying or damaging objects of cultural heritage (monuments ofhistory and culture) of the peoples of the Russian Federation included in theunified state register of cultural heritage sites (monuments of history andculture) of the peoples of the Russian Federation, identified cultural heritagesites, natural complexes, objects under protection state, or cultural values shall be punished ...2. The acts provided for in Part One of this article committed with respect toparticularly valuable objects of the cultural heritage of the peoples of theRussian Federation, objects of cultural heritage included in the World HeritageList, historical and cultural reserves or reserve museums or with respect toarchaeological heritage sites included in a single State register of objects ofcultural heritage (monuments of history and culture) of the peoples of theRussian Federation, or identified objects of archaeological heritage 12shall be punished ...
"Article 243(3) of the Criminal Code of the Russian Federation shouldbe worded as follows:Article 243(3) CC RF: Evasion of the performer of earthworks, construction,land reclamation, economic or other works or archaeological field works carriedout on the basis of permit (special permit) from the mandatory transfer to the stateof items found to be of special cultural value found during such works, or culturalvalues on a large scale1.Evasion of the executor of earthworks, construction, reclamation,management or other works or archaeological field works, works carried outon the basis of a permit (special permit), from the mandatory transfer to thestate in accordance with the legislation of the Russian Federation of culturalvaluable assets found in the performance of such works on a large scale shall be punished ...
"Part 2 of the article should be left unchanged.Theoretical and practical significance of the research.The theoretical significance of the research is the development of ascientifically based system of categories of cultural heritage and the notion of "anobject of cultural heritage"; the definition of the concept of the direct object ofcrimes provided for in Art. 243-243(3) CC RF based on the features of the culturalheritage object identified by the author; the definition of the mechanism ofcriminal law protection of cultural heritage object; the analysis of the substantiveelements of the crimes under Art.243-243(3) CC RF, of the rules of classificationand legal interpretation; the identification of inconsistencies in legal terminology,and the development of proposals for improving the law.The main conclusions and proposals contained in this dissertation work canbe used in the course of subsequent studies of the criminal law protection of theobjects of cultural heritage and related topics.The practical significance of the dissertation can be identified as practicalconsiderations or a practical guide for:1) for law enforcement officials – with regard to the rules for theclassification of crimes against objects of cultural heritage;2) for legislators – with respect to the proposals for improving the statutorylanguage of Art.
243 and 243(3) of the Criminal Code.In addition, the materials of the dissertation research can be used in thepreparation of relevant decisions of the Plenum of the Supreme Court of the13Russian Federation, in teaching criminal law of the Russian Federation, inconducting special courses within the framework of master's educational programsin the field of legal studies and other related branches of public education.The validity and reliability of the research results are determined by themethodology of the work, the legal, normative and empirical bases, the theoreticalbasis, the complex nature of the methods used and the methods of scientificanalysis of criminal law problems that meet the goals and objectives set forward,and the generalization of the materials of judicial practice, which in their totalityhave made it possible to ensure consistency of the initial scientific statements,intrinsic logic of the work, academic reasoning, discussion, conclusions andproposals.
In addition, the necessary completeness, objectivity of the study,correctness of the author's interpretations have been achieved through the use offoreign legislation and international law on the issues of prevention of harm to theobjects of cultural heritage.Approbation of research results. The dissertation was prepared anddiscussed at the Department of Criminal Law and Criminalistics of the NationalResearch University the "Higher School of Economics", where it was discussedand reviewed. The main statements of the dissertation work were used during thepedagogical practice and the seminars on criminal law; the statements werereported at the national and international conferences and other academic eventssuch as the joint XVIth International Scientific and Practical Conference and theIXth International Scientific and Practical Conference "Kutafin Readings," the"National Development Strategy and the Problems of Russian Law Science"(Moscow, O.
Kutafin University (MSUA), 2015), the XIIIth InternationalScientific and Practical Conference "Criminal Law: a Development Strategy forthe 21st Century" (Moscow, O. Kutafin University (MSWU), 2016), theInternational Scientific Seminar "Russian Law and Globalization » (University ofHelsinki, 2016), the XXIIth international scientific and practical conference on thetopic of «Economics and Jurisprudence: theory and practice » (St. Petersburg,2017).Six scientific articles have been prepared and published on the topic of thedissertation, three of which are in the leading peer-reviewed scientific journalsincluded by the Higher Attestation Commission of the Ministry of Education andScience of the Russian Federation in the list of publications designated topublishing the main scientific results of dissertation research papers intended forreceiving the credentials of a candidate of doctoral science degree.The structure of the dissertation is determined by the object, subject, aimsand objectives of the study, it consists of an introduction, two chapters, containingseven paragraphs, conclusions, a list of references and attachments.14ABSTRACTThe Introduction substantiates the relevance of the topic of this dissertationin current society, highlights the state and degree of its scientific elaboration.
![](https://s.studizba.com/z.php?f=/templates/si/i/noavatar.png&w=100&h=100&t=1"){kind=avatar}
