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Itdesignates the object, the subject matter, the aims and objectives of the researchpaper, its theoretical framework, its normative and empirical basis. TheIntroduction sets forth the methodology and methods of the dissertation research,the characteristics of the scientific novelty of the results, their validity andreliability. It formulates the problem statements for the presentation, outlines itsstructure, the theoretical and practical purpose, provides the data on testing resultsof the dissertation research, and presents the dissertation in accordance with thepassport of the scientific specialty.Chapter I “Objects of cultural heritage: the concept, characteristics,classification, and a social factor in the cultural heritage protection” identifiesthe subject matter of the offenses against objects of cultural heritage (monumentsof history and culture.) The chapter also substantiates the social significance of thecultural heritage protection, supported by international and legislativeresponsibilities assumed by the government of the Russian Federation.
TheChapter consists of three sections.Section 1 “The concept of objects of cultural heritage” considers the systemof cultural heritage and outlines the scope of subject matter in criminal offensesagainst objects of cultural heritage.Further, the section conducts a brief analysis regarding the scientificapproaches to define the concept of cultural heritage, which is essential forunderstanding the definition of an object of cultural heritage; it presents certaincharacteristics of cultural heritage which are meaningful to the context of criminallaw. It also introduces the author’s own definition for the concept of culturalheritage, as well as the author’s own approach to the understanding of its structurewhere the term of cultural heritage includes both immaterial and material objects.Then, the section examines the concepts of objects of cultural heritage,associated movable objects, objects of archaeological heritage, elements andstructures of an archaeological nature, historical and cultural reserves andmuseums, discovered objects of archaeological heritage, museum objects.
Theauthor presents a diagram illustrating the system of objects of cultural heritage andconcludes about the existing comprehensive coverage of this system by thecriminal law statutes in the territory of the Russian Federation.15The section considers the problem of absence of legal protection for themonuments of history and culture located beyond the borders of the RussianFederation, for the monuments which have been destroyed or damaged by eithercitizens of the Russian Federation. or noncitizens permanently residing in theRussian Federation. In order to fill in the void in the legislation, it is proposed thatthe body of Art.243 of the Criminal Code of the R.F. should include the objects ofcultural heritage that are recorded in the List of the World Cultural Heritage, whichwould require a new amendment of Art.
243 of the Criminal Code.Section 2 “The characteristics and classification of the objects of culturalheritage” is dedicated to a comprehensive examination of the characteristics ofobjects of cultural heritage, separating the term from related categories, included inthe system of cultural heritage, it also focuses on the classification designated forthe purposes of legal protection of the objects.As a result of the analysis, the following characteristics of the object ofcultural heritage are identified: materiality, immovable property, a cultural value,an anthropogenic element, an age-based criterion, and a legally determined statusof an object of cultural heritage.The characteristic of materiality has a meaning of legal significance in thecontext of criminal law for determination whether an object falls within the scopeof categories in the system of cultural heritage that are subject to legal protection.At the present moment, there are no legal norms in the criminal law that providefor direct protection of immaterial cultural heritage.The immovable property characteristic of the objects of cultural heritage is adeterminative factor in distinguishing subject matters of different types of criminaloffences against material cultural heritage.
A conclusion is made as to theconditional nature of the real property element in the objects of cultural heritage:the conclusion is made based on the inclusion into the latter any related movableobjects, as well as any movable property of archaeological nature as part of theobject of archaeological heritage, in the territory of which they have been foundprior to the moment of establishing their status of museum objects.Further, the section conducts an analysis of correlation between the limits ofcriminal-law protection for the movable objects included in the object of culturalheritage and the separate movable objects in terms of comparing sanctionspursuant to Art.243 with sanctions pursuant to Part 2 of Art.164; a conclusion ismade regarding the unsubstantiated disproportion of criminal responsibility for theabove-mentioned offences.16The characteristic of a cultural value of the object is illustrated from twoperspectives: first, from the viewpoint of value of the object for determiningwhether or not it belongs to the objects of cultural heritage, and accordingly fordetermining the exact mechanism of its legal protection by criminal law; second,from the viewpoint of the level of its cultural value whether or not it falls into oneof the categories of the objects of cultural heritage (federal, regional, or municipal,)and whether it is assigned to a special status or is included in the World HeritageList, which circumstance may change the severity of the punishment for criminalacts.The characteristic of an anthropogenic element is regarded as an importantelement in separating the subject matters of criminal offences under Art.243 andArt.
262 CC RF and therefore in separating the objects of crime against publicmorality and ecological crimes.The age-based criterion is meaningful in a decision making procedure whena relevant government authority assigns a special status to an object of culturalheritage.All the above-mentioned characteristics are integrated into a characteristic offormal designation for the status of the object of cultural heritage or of thediscovered object of cultural heritage. From the moment of the formal designationof an object, the mechanism of criminal-law protection of monuments of historyand culture become immediately effective.The paper also examines classifications of the objects of cultural heritageaccording to the following factors: the statutory (according to a quantitativecriterion,) according to the level of authenticity of the conveyed historicalinformation, according to the accumulated historical information captured in themonument, according to the group designation, according to the arrangement of theheritage in the territory, and according to the factors of arrangement of the objectsof cultural heritage in historical environment.When classified for the purposes of criminal law, the following types ofclassification of the objects of cultural heritage can be identified:- by composition: there are objects containing and not containing movableobjects, which circumstance provides different mechanisms of protection;- by the level of cultural significance: there are significant objects andparticularly significant (an especially valuable object of cultural heritageof peoples of the Russian Federation, an object of cultural heritage of17peoples of the Russian Federation included in the World Heritage List,historic and cultural reserve, museum reserve, an object of archaeologicalheritage,) these factors are determinative in terms of the severity ofcriminal liability for the offenses against the monument;- by the type of ownership: there are objects owned by federal, municipal,or private owner, which fact can be established for the purposes ofidentification of individuals responsible for violating rules ofpreservation and usage with respect to the objects of cultural heritage.The section concludes that in the cases of damage or destruction of an objectthat have been classified as an object of cultural heritage, the enforcement ofcriminal responsibility proves to be inexpedient: such criminal responsibilitywill clearly contradict to the principle of economy of criminal repression.Section 3 “The principles of international law in the legal protection of thecultural heritage objects in the Russian Federation” is designated for the researchon the subject of international law related to the protection of material culturalheritage in the Russian Federation.The analysis conducted in the section are focused on the aspect ofimplementing the term “object of cultural heritage” from the 1972 UNESCOConvention for the Protection of the World Cultural and Natural Heritage, as wellas the aspect of its correlation to the term “monument of history and culture.”Despite possible ramifications of interchangeable usage of terms, for the originalmeaning of the term monument, the term object of cultural heritage at the presenttime can be used to substitute the term monument of history and culture, as theformer is a legal term that signifies a particular expression describing culturalheritage in general, with its added characteristics of legal terminology.The section compares the classification of the cultural heritage objects,introduced in the 1972 UNESCO Convention for the Protection of the WorldCultural and Natural Heritage and the classification approved by the nationallegislation.
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