ISSUES OF CLASSIFICATION OF CULTURAL VALUES IN MODERN LEGAL DOCTRINE
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article analyzes the problems of classification of cultural values in legal science. The urgency of this topic is due to the fact that today no single position has been developed regarding the distribution of cultural values to certain species. It was emphasized that the system of classification of cultural-historical values in each country requires consideration of all historical aspects of state formation, cultural priorities, national traditions and customs, which establish criteria for conducting classifications. The division of cultural values according to the criterion of their significance is made: values of world, national and local significance. It is revealed that material cultural values are those that have a certain objective form of expression and fall under the attributes that are decisive for the attribution of this or that material object to cultural values. It is concluded that the division into types of all objects belonging to the category “cultural values” is of great practical importance for the correct application of the legal regime of their circulation. Cultural values are divided into the following main types: 1) depending on the unity with the environment: mobile and immovable; 2) depending on the economic criterion: tangible and intangible (spiritual); 3) in terms of significance: the values of world, national and local significance; 4) Depending on turnover: those who are in free circulation; limited in civilian turnover; those that are excluded from the turnover. The lack of a clear division of cultural property into certain types in the current legislation gives grounds to assert that there is currently no exhaustive list of them, which in turn enables to supplement this list, taking into account the development of culture and society.
Authors and Affiliations
Віталій Олександрович Парагайло
Keywords
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