Representations of cultural values that c. What are cultural values

Value orientations. Culture is a set of values and value orientations, ways of their creation and consumption. Therefore, none of the researchers doubt the invaluable role of values in culture. In cultural studies it is difficult to do without the concept of “value”. Moreover, most often culture as a social phenomenon is defined precisely through value orientations. Authors sociological research“Youth of Germany and Russia” believe: “Value orientations are a relatively stable socially conditioned selective attitude of a person to the totality of material and spiritual public goods, cultural phenomena, which are considered as an object, goals and means that serve to satisfy the needs of an individual’s life.” Each person is a bearer of certain values; they form a certain system, on which a person’s behavior in a given situation largely depends.

A person’s speech and behavior are always based on values that are mastered by her and become value orientations that guide her consciousness and behavior. Those orientations that determine human behavior are called value orientations. They form the core of personal beliefs. For example, a Tajik, declaring his love, will say to his beloved: “You are my incomparable parrot,” because for him this bird is a symbol of exoticism, different feathers, a kind of value. Will a Russian person call his beloved a parrot? Of course not. For him, a parrot is a symbol of talkativeness and stupidity. Here we see the dependence of culture on the vision of the world, on individual or group attitudes, on that objective scale that is dependent on subjective assessments. Therefore, there are so-called national values - these are values that are significant for a particular people, occupying the most important place in their life (for Russians these are Pushkin, Tolstoy, “The Tale of Igor’s Campaign”, the Hermitage, Tretyakov Gallery etc., for a Greek it is Homer, acropolis, democracy, etc.).

There are also class-class, local-group, utilitarian, ethical, legal, political, religious values, etc. depending on the criterion underlying their classification.

Value for a person is everything that has a certain significance for him, personal or public character. “Value is the positive or negative significance of objects in the surrounding world for a person, class, group, society as a whole, determined not by their properties in themselves, but by their involvement in the sphere human life, interests and needs, social relations; criterion and method for assessing this significance, expression in moral principles and norms, ideals, guidelines, goals.”

Cultural values are objects of material and spiritual human activity that have socially useful properties and characteristics, thanks to which various needs of people can be satisfied. Value is understood as a generally accepted norm, formed in a certain culture, which sets patterns and standards and influences the choice between possible behavioral alternatives, allows for the polarity of decisions, which indicates the ambivalent, dual nature of value. Values help a person and society to define good and bad, beautiful and ugly, essential and unimportant. The priority of certain values reflects the degree of spirituality of a person.

In the world of man one can find different kinds values: subject values, values - properties of things, values as a specific type of norms, imperatives, traditions, values - ideals, values - knowledge, etc., or they can be classified as follows: moral values - goodness, love, honor, good; religious values - God, faith, grace, salvation. Although both those and other values are in essential unity. At the base of the complex structure of values are the fundamental highest values, which are determined by social universality and necessity. Sometimes there is an illusion that value orientations are eternal, ahistorical in nature. However, it is not. In every culture, its own value orientations are born and flourish. In every culture its value nature is revealed, i.e. the presence of strong value orientations in it.

Human values presuppose, first of all, an understanding of the unity of the human race. There are absolutes that are significant for the entire human race, without them the unity of humanity would not be so total. Christianity made a colossal revolution in the understanding of universal connections, proclaiming the commandment: “Love your neighbor as yourself.” From now on, each person is involved in another, universal intimacy is strengthened between people, based on a single belonging to the human race.

Universal human values presuppose the preservation of the total spiritual experience. The shrines of the human race include, for example, the Socratic trinity of Truth, Goodness and Beauty. This triad is historically established highest value. These absolutes reflect the heritage of the entire human race.

There is no culture where murder, lying, and theft are not negatively assessed, although there are differences in ideas about the limits of tolerance. Modern culture, uniting humanity, is based on universal human values: the movement for the protection of individual rights, its respect, recognition of its merits, freedom, conscience, humanity, mutual enrichment national cultures, scientific knowledge and advanced technologies and ecological attitude towards life and the environment. Universal culture is also the best forms of creative activity of people.

Material values are material goods intended to satisfy vital needs. Material needs, of course, are decisive, but they, especially in the age scientific and technological progress can be satisfied quite quickly, if we talk about reasonable needs. But, as it says folk wisdom“Man does not live by bread alone.” Spiritual values play an important role in human life, society, and culture. They are thoughts, ideas, theories, norms, ideals, images, which can take the form of scientific and artistic works, works of architecture, painting, music, films, television programs that carry high ideas, images, feelings and ideas. Museums, libraries, schools, radio, etc. are guardians and distributors of spiritual values. Concern for the increase in the material and spiritual values of society, for the cultural growth of a person, and awareness of the necessary conditions for introducing him to these values is one of the laws of the development of society.

The values and meanings embodied in the monuments of the past undoubtedly become an important factor new culture. At the same time, they must not only be preserved, but also reproduced, again and again revealing their meaning for new generations. Enduring values are captured in the Egyptian pyramids. Mihail Eminescu wrote: “And in the silent distance the pyramids of the pharaohs froze, the sarcophagi were ancient, majestic as eternity, silent as death.” Everything in the world is afraid of time, and time is afraid of the pyramids. They rise among the hot sands of the Libyan Desert and stretch for tens of kilometers from modern Cairo to the Fayum Canal. The pyramids served the pharaohs, according to their religion, as a ladder along which they ascended to heaven. Therefore, the most ancient pyramids were stepped, shaped like stairs, and only the later ones had smooth walls. Why? - still not clear. Archaeologists have counted 80 pyramids. Not all of them have survived to this day.

Researchers who were trying to figure out how the ancient builders were able to erect such a grandiose structure, and not just erect it, but give it a geometrically correct pyramid shape, were baffled by all this. Sometimes the opinion was even expressed that the pyramids could not have been built by people living in Bronze Age, and that a transcendental force took part in the creation of these colossal structures. But gradually the mystery of the construction of the pyramids was revealed. It turned out that from an engineering point of view these are primitive buildings, mountains built by people. And yet, the pyramids are the most famous architectural structures in the world. The goal of the ancients was achieved - the pyramids became eternal monuments, surviving thousands of years.

So, when classifying values into material and spiritual, it should be noted that the distinction between them is conditional. Material objects, as a rule, have spiritual and cultural value and, conversely, spiritual values are inextricably linked with material objects or have a material shell. Values are the basis and foundation of culture, they are deeply rooted in it and serve as its most important regulator both at the level of culture as a whole and at the level of the individual. As Sorokin noted, “people with a deeply rooted system of values will courageously endure any disaster.” value need culture life

The concept of cultural norm. Associated with the concept of values is the concept of norms. To deal with other people, a person must adhere to some rules of relationships, have an idea of right and wrong behavior, how to express and restrain oneself. In the absence of such ideas, concerted action cannot be achieved. Such general ideas that regulate people's behavior are developed in a particular culture and are called cultural norms.

Norms (from the Latin norma - rule, sample) are a systemic order recognized as mandatory, an established measure, a system of expected behaviors that members of society follow more or less accurately.

There are social norms accepted in any culture, in any society, i.e. general cultural moral norms: “don’t steal”, “don’t kill”... They help to morally improve the public and personal life of citizens. Live humanely. Living in society, a person should strive not to infringe on the rights of others, which means building his behavior so that it corresponds to the behavior of the social group in which he is located, lives, and works. When norms are violated, a person’s behavior becomes antisocial, anticultural. Living in a particular environment, a person must master its spiritual values, recognize them, master and use them, otherwise he will find himself cut off from this culture or come into conflict with it.

Thus, cultural norms are certain rules of behavior that regulate human actions in the most important aspects of social life, providing guarantees of the integrity and sustainability of society. Therefore, in them to a greater extent than in values, there is a commanding element, a requirement to act in a certain way. Compliance with norms is ensured in two ways: through their internalization (transformation of external requirements into an internal need of the individual) and through institutionalization (incorporation of norms into the structure of society and social control). Only in this way can stability and order be maintained in society. Otherwise, anomie is inevitable.

The term “anomie” denotes a violation of the unity of culture due to the lack of clearly formulated social norms, was first introduced by Emile Durkheim back in the 90s of the 19th century. At that time, anomie was caused by the weakening influence of religion and politics and the increasing role of commercial and industrial circles. This led to the depreciation of old values and the failure to develop new ones, thereby disrupting the unity of culture. The aggravation of many social problems generated both by economic reform and the collapse of an integral cultural system, the devaluation of spiritual and cultural values, lead to anomie. In a culture in which unconditional and fundamental values have been abandoned and the great universities of spiritual, moral, aesthetic, religious quest mean nothing, anomie also occurs.

IN modern world Negative phenomena are growing, which creates the danger of an anthropological crisis. Society is threatened without spirituality. To achieve his utilitarian goals, a person often neglects honor and conscience. In this regard, the development of an integral normative system that contributes to the education of a cultural, harmoniously developed personality plays an important role. Exactly this system acts as an invisible frame that holds the social organism together into a single whole.

We often use expressions based on the word "value". We discuss, complain about the lack of spiritual things, criticize political ones. But do we think about what the very concept of “value” means? The definition states that this word is understood as the significance (material, political, spiritual, etc.) of a certain group of objects. This word also means:

qualitative characteristics of objects that determine its importance;
monetary expression of the value of something;
properties of a phenomenon, subject, object from the point of view of its harmfulness or usefulness.

In order not to be confused in the concepts of value, scientists have proposed a classification that takes into account the qualitative and quantitative characteristics of the concept.

According to G. Allport’s systematization (and there are other typologies), all values are divided into

theoretical, which attaches leading importance to the search for truth and rational thinking;
economic, putting utility and benefit first;
social, giving preference to human manifestations: tolerance, love, devotion, etc.;
aesthetic, evaluating everything else from the standpoint of beauty and harmony;
political, preferring only power;
religious, including blind adherence to faith.

However, not everyone agrees with this typology. Most scientists believe that cultural values are of paramount importance for all nations.

What does this concept mean? How do sociologists and other representatives of the scientific world interpret it?

Cultural values are assets that belong to a certain group: social, ethnic, etc. All of them can be expressed by certain forms of art: oral creativity, artistic images, dancing, singing, applied types.

In our country there is a whole structure of the concept of “cultural values”, fixed in legislation. In accordance with the laws of the Russian Federation, this concept includes:

works of culture and art;
folk crafts, crafts;
standards of behavior;
national or vernacular languages, local dialects, all dialects;
toponyms (names of geographical objects);
folklore;
all methods, methods and results of scientific research;
buildings, territories, technologies, etc.;
objects of cultural, historical or scientific value.

The cultural values of Russia (as, indeed, of all countries) are protected by the state. It is this that regulates the procedure for the import or export of their objects, determines the rules for their acquisition, possession, and sale.

However, cultural values, as some experts believe, are not just historical crafts, objects or techniques. Only those values that have a certain influence on the human psyche in order to convey information to descendants are cultural. This could be information about ideology, spirituality, beliefs - all those phenomena that are difficult to talk about in any other way.

Cultural values are a heterogeneous concept. They can be different even at the same time for different segments of society. A striking example of this: historical temples. For the majority in our country, they were perhaps the main cultural values. However, for young Soviet power They were not only of little value. The Bolsheviks considered them harmful and therefore destroyed them. Thus, unique works of architecture that characterized entire eras were lost. However, not only temples were lost: a sad fate befell many folk crafts, as well as the languages and culture of small nations.

In order to ensure that types of crafts or art that are the property of peoples or nationalities are not destroyed, and that types of crafts or art are not lost, the legislation of the Russian Federation provides a precise definition of the concept of “cultural values of Russia.”

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CULTURAL VALUES

Introduction

The relevance of the chosen topic is that the preservation of the values of national culture and, accordingly, the transfer of this heritage to future generations is one of the main tasks of each state. A country is obliged to preserve cultural values located on its territory, but at the same time should not interfere with free interethnic exchange. A significant role in regulating this process on the territory of the Russian Federation is assigned to customs authorities, which ensure compliance with legislation, in terms of control over the procedure for the movement of cultural property across the customs border of the Customs Union.

One of the most important functions of customs authorities is to suppress the illegal movement of cultural property across the customs border of the EAEU. Today, cultural values, as objects of primary attention, are on a par with such particularly dangerous types of smuggling as the smuggling of weapons, drugs, radioactive substances, endangered species of animals and plants. One of the prerequisites for increasing the effectiveness of the fight against smuggling is a good knowledge of the subject with which the customs official will have to deal: he must accurately understand what is behind the wording of the concepts “cultural values” and “cultural objects”, be able to distinguish between them and know the corresponding permitting documents provided for customs clearance. On the one hand, it is impossible to burden citizens with unnecessary suspicions and unreasonably slow down customs control and clearance procedures; on the other hand, it is unacceptable to display professional incompetence and breach of duty, indirectly contributing to the illegal export of cultural property.

When applying legislation in practice, customs officials face many problems. Even a superficial glance at the current legislation on cultural values suggests a complete absence of an integrated systematic approach to rule-making in this area of legal regulation. The provisions of regulatory legal acts, the number of which is constantly increasing, are extremely inconsistent and sometimes contradict each other, which creates serious difficulties in their application in practice.

Legal relations arising when moving cultural property across the customs border of the EAEU.

The relevance of the problem under consideration, its practical significance, as well as the problems of legislative regulation and its practical application, determined the choice of research topic, purpose and main objectives thesis.

The object of the study is the system of legal relations that arise in the process of moving cultural property across the customs border of the EAEU.

The subject of the study is the legislation regulating the movement of cultural property across the customs border of the EAEU.

The purpose of the thesis is to develop proposals for improving the system of movement of cultural property across the customs border of the EAEU based on the analysis of the legislative framework, in particular, to create a project for an integrated information interdepartmental system for monitoring the movement of cultural property.

1. Cultural values as objects of customs control

1.1 The concept of “cultural values”, legal characteristics and classification features

Cultural values have been and remain the objects of close attention, both from people of different nationalities and from other segments of the population, regardless of their standard of living, social or political status. For some, it is a way of existence, for others, it is objects to satisfy cultural needs, or a means of profit.

Interest in the problem of preserving cultural property can be considered a sign of the degree of cultural development of the population of each state. Today, developing countries are demanding the return of cultural property, and this problem is being rapidly discussed by international organizations and in international forums. For educational purposes, the exchange of culture and science expands all kinds of knowledge about human civilization, enriches the cultural life of all peoples, causing mutual respect and understanding between states. However, it is important to note that cultural values, which represent one of the main elements of civilization and culture of peoples, acquire their true significance only if their origin and history are precisely known.

For the multinational people of Russia, cultural heritage sites represent unique value, and are also an integral part of the world cultural heritage. Article 44 of the Constitution of the Russian Federation proclaims not only the right of every citizen to access cultural values, but also enshrines the duty of every citizen to take care of the preservation of historical and cultural heritage, to protect historical and cultural monuments.

International law and Russian legislation provide several definitions of the concept of “cultural property”. The definition of “cultural property” was first formulated in the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. According to this Convention, the following items are considered cultural property, regardless of their origin and owner:

Valuables, movable or immovable, that have great importance for the cultural heritage of each people, such as architectural, artistic or historical monuments, religious or secular, archaeological sites, architectural ensembles, which as such represent historical or artistic interest, works of art, manuscripts, books, other objects of artistic, historical or archaeological significance, as well as scientific collections or important collections of books, archival materials or reproductions of property specified above;

Buildings whose main and actual purpose is the preservation or display of movable cultural property referred to in the first paragraph, such as museums, large libraries, archive storage facilities, as well as shelters intended to preserve movable cultural property in the event of armed conflict;

Centers in which there is a significant amount of cultural property specified in the paragraphs above are the so-called centers of concentration of cultural property."

Along with the 1954 Convention, a broad definition of the concept of “cultural property” was given in the 1964 UNESCO Recommendation “On measures to prohibit and prevent the illicit export, import and transfer of ownership of cultural property.” From the point of view of this Recommendation, “cultural property is considered to be movable and immovable property of great importance for the cultural heritage of each country, such as works of art and architecture, manuscripts, books and other objects of interest from the point of view of art, history or archeology , ethnological documents, typical specimens of flora and fauna, scientific collections and important collections of books and archival documents, including music archives.” It is significant that it is in this Recommendation that for the first time the division of cultural property into two categories is indicated: movable and immovable.

The division of things into two categories, namely immovable and movable, was known in Roman law and in the Middle Ages. In relation to movables it was applied famous formula“movement follows the person” (“mobilia personamsequuntur”). Exclusively movable cultural property became the subject of regulation of the 1970 UNESCO Convention “On the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.” According to Article 1 of the Convention: “for the purposes of this Convention, cultural property is property of a religious or secular nature which is considered by each State to be of archaeological, prehistoric, historical, literary, artistic and scientific significance.” It should be noted that the meaning of this definition for archaeology, prehistory, history, literature, and science is within the purview of the State Party to the Convention. It follows that it is within the competence of each state to determine the list of categories of cultural property.

In 1988, the Union of Soviet Socialist Republics(hereinafter referred to as the USSR) ratified the 1970 UNESCO Convention.

In Russian legislation, for the first time, the concept of “cultural values” was enshrined in the Law of the Russian Federation of October 9, 1992 No. 3612-1 “Fundamentals of the legislation of the Russian Federation on culture” and was formulated as “moral and aesthetic ideals, norms and patterns of behavior, languages, dialects and talk, national traditions and customs, historical place names, folklore, arts and crafts, works of culture and art, results and methods of scientific research into cultural activities, buildings, structures, objects and technologies of historical and cultural significance, historically and culturally unique territories and objects.”

In 1993, the Law of the Russian Federation “On the Export and Import of Cultural Property” (hereinafter referred to as the Law) was adopted, which more clearly delineates the categories of items that belong to cultural property.

In accordance with this Law, cultural values are understood as “movable objects of the material world located on the territory of the Russian Federation, namely:

Cultural property created by individuals or groups of individuals who are citizens of the Russian Federation;

Cultural values that are important for the Russian Federation and created on the territory of the Russian Federation by foreign citizens and stateless persons living on the territory of the Russian Federation;

Cultural values discovered on the territory of the Russian Federation;

Cultural values acquired by archaeological, ethnological and natural scientific expeditions with the consent of the competent authorities of the country where these values originate;

Cultural property acquired through voluntary exchanges;

Cultural property received as a gift or legally acquired with the consent of the competent authorities of the country from which the property originates."

It should be emphasized that the “material world objects” mentioned above are also established by this law, and, in accordance with it, the following categories of objects belong to cultural values:

Historical values, including those related to historical events in the life of peoples, the development of society and the state, the history of science and technology, as well as those related to the life and work of outstanding personalities (state, political, public figures, thinkers, scientists, literature, artists) ;

Objects and their fragments obtained as a result of archaeological excavations;

Artistic treasures, including:

1) paintings and drawings entirely handmade on any basis and from any materials;

2) original sculptural works from any materials, including reliefs;

3) original artistic compositions and installations from any materials;

4) artistically designed religious objects, in particular icons;

5) engravings, prints, lithographs and their original printed forms;

6) decorative works - applied arts, including artistic products made of glass, ceramics, wood, metal, bone, fabric and other materials;

7) products of traditional folk arts and crafts;

8) components and fragments of architectural, historical, artistic monuments and monuments of monumental art;

Antique books, publications of special interest (historical, artistic, scientific and literary), separately or in collections;

Rare manuscripts and documentary monuments;

Archives, including photo, phono, film, video archives;

Unique and rare musical instruments;

Postage stamps, other philatelic materials, separately or in collections;

Ancient coins, orders, medals, seals and other collectibles;

Rare collections and specimens of flora and fauna, items of interest to such branches of science as mineralogy, anatomy and paleontology;

Other movable items, including copies, that have historical, artistic, scientific or other cultural significance, as well as those taken under state protection as historical and cultural monuments.

Based on the foregoing, we can conclude that this Law stipulates almost all items that may directly or indirectly relate to cultural values.

The legislator proposes a classification of cultural property into six commodity items. However, it should be noted that such goods are classified in other commodity items of the EAEU Commodity Classification for Foreign Economic Activity if they do not meet the conditions arising from the text notes and commodity items of this group.

Please note that this group The following categories of goods are not included:

Uncanceled postage or state duty stamps, postal stationery (stamp paper) or similar articles of heading 4907;

Theatrical scenery, studio backdrops or the like, of painted canvas (heading 59.07), except as may be included in heading 97.06; or

Pearls, natural or cultured, or precious or semi-precious stones (headings 71.01 to 71.03).

For the purposes of heading 97.02, the term “original engravings, prints and lithographs” means black and white or color prints which are made by hand by the author from one or more boards, regardless of the technique or material used by him, except by mechanical or photomechanical means. Looking at heading 97.03, it will be noted that it does not cover large-scale reproductions or handicrafts. commercial in nature, even if these products are drawn or created by artists. At the same time, commodity item 9706 does not include goods included in the previous headings of this groups.

Let's take a closer look at the categories of goods included in group 97 “Works of art, collectibles and antiques”:

1. Certain works of art: paintings, drawings and pastels, entirely by hand, collages and similar decorative images (heading 97.01); originals of engravings, prints and lithographs (commodity item 9702); originals of sculptures and figurines (heading item 9703).

“Paintings, drawings and pastels, executed entirely by hand, other than designs of heading 49.06 and other finished goods, painted or decorated by hand.” This category of goods includes paintings, drawings and pastels (antique or modern) made entirely by hand. These can be various canvases painted in oil, wax, acrylic, tempera, watercolor, gouache, pastel, miniatures, manuscripts decorated with color drawings, pencil drawings (including drawings like “Conte”), charcoal or pen drawings made on any material.

Since such work must be done by hand only, goods obtained wholly or partly by any other process are not included here. For example, paintings made on canvas or other material through a photomechanical process; paintings made by hand from an outline or from a design obtained by the usual engraving or printing process; so-called "author's copies" of paintings, which are obtained using a series of casts or stencils, even if they are recognized as authentic by the artist himself. However, copies of paintings, regardless of their artistic value, belong to this category of goods if they are made entirely by hand.

Please note that this category of goods also does not include:

Plans and drawings for architectural, engineering and industrial purposes, being hand-drawn originals (heading 4906);

Sketches or drawings of models fashionable clothes, jewelry, wallpaper, fabrics, furniture, which are originals made by hand (commodity item 4906);

Theatrical scenery, backdrops for art studios or the like, of painted canvas (heading 59.07 or 97.06);

Hand decorated finished goods, such as wall coverings consisting of hand-painted fabrics, holiday souvenirs, boxes and caskets, ceramic tableware (dishes, plates, vases, etc.), all of this is included in the corresponding headings.

Consider “Collages and Similar Decorative Images.” This category of goods includes collages and similar decorative images, consisting of particles and pieces of various materials of animal, plant or other origin, arranged in the form of a picture or decorative image, motif and fixed with glue or other means on a substrate, for example, wood, paper or textile material. The backing can be plain or hand-painted or printed decorative elements, forming part of the overall design. Collages vary in quality, from cheap works produced in large quantities for sale as souvenirs, to works that require a high level of skill and can be outstanding works of art.

Thus, for the purpose of this category, the term “similar decorative images” does not apply to articles consisting of a single piece of material, even if it is framed or glued to a backing.

Frames for pictures, drawings, pastels, collages or similar decorative images are classified with them in this heading only if their nature and value correspond to these works of art; in other cases, frames are classified separately in the corresponding headings as products made of wood and metal.

Let's look at "Original engravings, prints and lithographs (9702)". This heading covers original engravings, prints and lithographs (antique or modern), that is, black and white or color prints made by the author from one or more boards by hand, regardless of the technique or material used by him, except by mechanical or photomechanical methods.

Provided that they meet the other requirements of the previous paragraph, they are also referred to as original lithographs made using the transfer method (in which the artist first makes a drawing on special paper and then transfers it to stone).

Prints, as stated above, are obtained from engraved plates, which can be made using various processes, such as line engraving, drypoint, aquatint (acid process) or stippling.

Original prints are also included in this heading, even if they have been retouched. It is often difficult to distinguish an original from a copy, forgery or reproduction, but the relatively small number of prints and the quality of the paper can be useful guides in identifying the original. On the other hand, evidence of the use of half-tone curtains (in photogravure and heliogravure) and very often the absence of a mark left by the plate on the paper may indicate that it is a copy or reproduction.

"Frames for engravings, prints or lithographs" are classified with them in the heading only if their character and value are consistent with these works of art; in other cases, frames are classified separately in the corresponding headings as products made of wood and metal. It should be noted that this heading does not cover plates (copper, zinc, stone, wood or any other material) from which engravings are made (heading 84.42).

“Original sculptures and figurines from any materials” (9703). This heading includes original sculptures and figurines, ancient or modern. They can be made of any material (stone, reconstructed stone, terracotta, wood, ivory, metal, wax, etc.), have a voluminous, relief or carved shape deep into the material (statues, busts, figurines, sculptural groups, images of animals, including bas-reliefs for architectural purposes).

It follows from this that this heading includes not only originals made by the sculptor, but also copies and reproductions of these models obtained by the second method described above, regardless of who made them - the sculptor himself or another author.

The following items are not included (even if designed or made by artists):

Ornamental sculptures of a commercial nature;

Items of personal decoration and other handicrafts of a commercial nature (jewelry, religious images);

Reproductions of large-scale production from gypsum, plaster with an admixture of fibrous substances, cement, papier-mâché.

With the exception of articles of ornament falling in heading 71.16 or 71.17, all such articles are classified according to the material of their constituent material (heading 44.20 for wood, heading 68.02 or 68.15 for stone, heading 69.13 for ceramics, heading 83.06 for base metals ).

2. Postage or state duty stamps and similar stamps, canceled postage marks, including the first day of cancellation, postal stationery (stamp paper) and similar items, used or unused, with the exception of goods of heading 4907 (heading 9704).

This heading covers the following articles, whether or not used, other than articles of heading 49.07:

Postage stamps of all types, that is, stamps usually used for affixing to correspondence or parcels; stamps with the words “payable.”

State duty stamps of all types, which are stamps affixed upon receipt, registration stamps, stamps permitted for circulation, consular stamps, duty stamps.

Canceled postage stamps, that is, letters with a postmark but without a postage stamp, were used before the introduction of postage stamps.

Postage stamps affixed to envelopes or postcards, including "first day cancellations", which are envelopes usually marked "first day", with an affixed postage stamp (or set of such), stamped with the date of issue, and "card maximums" " The latter are cards with a postage stamp and a reproduction of the design depicted on the stamp. The postage stamp is canceled with a simple or special stamp indicating the place associated with the design and the date of issue.

Postal stationery (stamp paper), i.e. franked envelopes, letters of secretion, postcards, newspaper wrappers.

Similar products can be presented in packs (individual stamps, corners with dates, full sheets) or in collections. Albums for collections of such products are considered an integral part of these collections, provided that their value corresponds to the value of the collection.

Let's look at what is not included in this heading:

Anniversary cards and illustrated first day postage marks (whether illustrated or not) without postage stamps (heading 4817 or group 49);

Unused postage or government duty stamps, postal stationery (stamp paper) and similar articles, current or new, in the country in which they have or will have a recognized face value (heading 49.07);

Coupons in the form of "savings stamps" issued by private or commercial organizations to customers, and stamps sometimes issued by various merchants to customers as a discount on purchases (heading 4911).

3. Collections and collectibles in zoology, botany, mineralogy, anatomy, history, archaeology, paleontology, ethnography or numismatics (heading 9705).

These items often have extremely low intrinsic value, but are of interest due to their rarity, classification and the way they are presented.

This heading covers collections and collectibles of zoology, botany, mineralogy or anatomy. For example, dead animals of any kind, preserved by drying or in liquid; stuffed animals for collections; blown or “sucked” eggs; insects in boxes, frames (except for framed items that are jewelry or key chains); empty shells, except those used for industrial purposes; seeds or plants dried or preserved in liquid; herbariums, specimens of minerals (other than precious or semi-precious stones belonging to group 71); fossil specimens; osteological samples (skeletons, skulls, bones), anatomical and pathological samples.

Considering the product item “Collections and collectibles in history, ethnography, paleontology or archaeology,” we highlight the following classification of items:

Products that are material remains human activity, suitable for studying activities previous generations, such as: mummies, sarcophagi, weapons, religious accessories, items of clothing, items that belonged to famous people.

Products that can be used to study the activities, morals, customs and characteristics of modern backward tribes, for example, tools, weapons or religious accessories.

Geological specimens for the study of fossils (extinct organisms whose remains or imprints are found in geological strata) of animal or plant origin.

Goods manufactured under a commercial obligation to perpetuate, celebrate, commemorate or reflect an event or for any other reason, regardless of restrictions on quantity or circulation, are not included in the heading as collections or collectibles of history or numismatics, unless these the goods themselves have not acquired relevant interest due to their age or rarity. cultural value customs painting

4. Antiques over 100 years old (commodity item 9706).

This heading includes all antiques over 100 years old, provided that they are not included in headings 9701 - 9705. Interest in these goods is related to their age and, as a general consequence, their rarity.

Provided they retain their original character, this heading covers antique articles, repaired or restored. For example, the following categories of items include: antique furniture with parts made in modern times (such as fittings and replacement parts), antique tapestries, leather or fabrics mounted on modern wood bases. This heading does not cover, regardless of age, natural or cultured pearls, precious or semi-precious stones of headings 71.01 to 71.03.

A source for understanding the concept of “cultural values” can be the works of scientists. For example, V.V. Bratanov, analyzing crimes related to the theft of cultural property, came to the conclusion that the subject of these crimes is movable property and documents that have special historical, scientific, artistic or cultural value.

The fight against smuggling of cultural property is carried out by customs authorities, border troops, operational units for the fight against organized crime and corruption of the FSB and the Ministry of Internal Affairs. The effectiveness of such work depends on the level of operational interaction between these law enforcement agencies.

Cultural assets, which are objects of primary attention, are on a par with such particularly dangerous types of smuggling as the smuggling of weapons, drugs, radioactive substances, and endangered species of animals and plants.

It is unacceptable to promote the illegal export of cultural property, as well as the manifestation of incompetence on the part of customs officials, but on the other hand, it is impossible to burden citizens with unnecessary suspicion, slowing down customs control and clearance procedures. Consequently, to increase the effectiveness of the fight against the illegal movement of cultural property, it is of great importance to have a good knowledge of their work, the education of customs workers, precise knowledge of the subject, and, accordingly, an idea of what is behind the formulation of the concept of “cultural property”.

1.2 History of the formation and development of legislation on the protection of cultural property in Russia

Problem legal protection cultural values in Russia have deep historical roots. Attempts to regulate this area of public relations can be traced back to the 15th century in the Pskov Judgment Charter, which established liability in the form of the death penalty for a church thief. Pursuing the main goal of protecting church property from criminal attacks, the Pskov Judgment Charter unwittingly contributed to the preservation of cultural values concentrated in monasteries and churches.

During XVIII century there is an awareness of the importance of cultural heritage and the problems of its protection. In 1726, the first historical and art museum was created in Russia - the Armory Chamber. Becoming historical science, the establishment of archaeological societies and the start of their excavations forced us to pay great attention to the material evidence of the past.

Many attempts were made to regulate relations related to cultural values in the 19th century. As a result of the reform of state power under Alexander I, issues of cultural heritage protection were assigned to the competence of the Ministry of Internal Affairs Russian Empire, and in 1859 the Imperial Archaeological Commission was created under the Ministry of the Imperial Household.

At this stage of development of legislative thought, considerable attention of legal scholars was paid to determining the specific range of structures and things that should be classified as historical monuments. Together with the recognition of their artistic, scientific value and social significance, measures were developed to ensure the safety of cultural values, protecting them from accidental or deliberate destruction. Initially, they tried to solve this problem by relying on legal regulation through departmental instructions. An example of this is the circular letter of 1826 and the decrees of the Holy Synod of 1842, as well as a special article of the Construction Charter of 1857, which prohibited the demolition of ancient buildings. The adoption of these documents could not constructively change the existing situation, and therefore forced specialists to begin developing a new approach to the problem of protecting cultural heritage, the main principles of which were: the adoption of a law on the protection of monuments, the establishment of relevant state bodies, and the creation of a Code of Monuments. At the same time, there was a search for a temporary criterion for assessing monuments, i.e. establishing their minimum age.

At the beginning of the 20th century, proposals were made to establish a more flexible criterion: 100 years from the moment of its creation for an antiquity monument and 50 years for a monument of art. In October 1911, the State Duma considered the bill “On the Protection of Antiquities.” However, it was not possible to finalize the project due to revolutionary events 1917

The change in government power was marked by the adoption of several documents at once, testifying to increased attention on the part of the new leadership of the country to the issues of preserving cultural values. Thus, in November 1917, the Petrograd Council of Workers' and Peasants' Deputies adopted an “Appeal on the need to preserve cultural heritage.” Later, in 1918, such fundamental documents as the Decree of the Council of People's Commissars “On Monuments of the Republic”, “On the Prohibition of the Export and Sale Abroad of Objects of Special Artistic and Historical Significance” and the Decree of the Council of People's Commissars “On Registration, Registration” appeared. and the protection of monuments of art and antiquity in the possession of private individuals, societies and institutions.”

On April 11, 1983, the People's Commissariat for Foreign Affairs sent a dispatch to all embassies in Moscow with the following content: “The Protocol Department of the People's Commissariat for Foreign Affairs has the honor to draw the attention of members of the diplomatic corps to the following: The Soviet government notes a significant leak abroad of antiques and art objects of artistic value for the Soviet Union. Thus, the General Directorate of Customs was ordered to issue permits for the export of such items in strict accordance with the instruction of the General Directorate of Customs No. 120 dated September 28, 1928, copy attached ... ".

The result of the “pre-perestroika” period of formation of domestic legislation on culture and cultural values was the adoption of numerous regulatory documents that formed the legal basis for the legislation of the USSR and union republics on the protection of cultural property, which included the RSFSR Law of December 15, 1978 “On the Protection and Use historical and cultural monuments."

Currently, more than 15 normative and legal acts have been adopted regulating the movement of cultural property across the customs border of the Customs Union, the main one of which is the repeatedly mentioned Law of the Russian Federation of April 15, 1993 “On the export and import of cultural property”

The law is aimed at protecting cultural property from illegal export, import and transfer of ownership, and is also intended to promote the development of international cultural cooperation. This law determined the creation of the Federal Service for the Preservation of Cultural Property, which is currently federal Service for supervision of compliance with legislation in the field of cultural heritage protection (Rosokhrankultura). The structure of this Federal Service also includes 13 territorial departments by district. These structures are endowed with the right to make decisions when exporting cultural property and the right to conduct special registration when importing cultural property.

1.3 Global experience in regulating the movement of cultural property across the customs border

One of the tasks of any state is to ensure the preservation of the values of national culture. Naturally, cultural values created in the process of creativity can and are in circulation, including the ability to move across the borders of many countries around the world, both for the purpose of exhibition and sale. However, not all cultural property is transported legally.

Most affected by criminal attacks on cultural property among countries Western Europe Italy. This is due to the fact that over 60 percent of all works of art are located in Italy. Every year in this country there are about eighteen thousand thefts of paintings, statues, and archaeological valuables. Italian mafia organizations are active in the art market. It was they who led to the devastation of the resources of ancient Italian art.

The reasons mentioned above explain the adoption by Italy, as well as the UK, Germany, India, Mexico and a number of other countries of laws on the export of cultural monuments, which establish criminal liability for their violation. The purpose of the laws is to prevent the export of valuable cultural objects from the country concerned. They establish special export rules for cultural property, which are characterized by detailed regulation and certain rigidity.

The export of cultural property in these countries is carried out mainly under a special permit (license), but the conditions for obtaining licenses are different in all states. For example, Mexico does not issue permits for the export of archaeological sites. In Indonesia, export permits are only issued for registered monuments. In Great Britain, the following rules are established: a license is required to export from the country manuscripts of any purpose, documents, archives, photographs and negatives made more than seventy years ago. The license is provided for antiquities of any purpose dating back at least a hundred years (including works of art), if their value is less than 4 thousand pounds sterling. There are exceptions to this rule. The export of cultural property for the purposes of scientific research, exchange and for display at exhibitions is allowed.

In Germany, according to Federal law of August 6, 1955 “On the protection of German cultural property from export”, the availability of a special permit for the export of cultural property abroad is taken into account. Such permission is issued by the Ministry of Culture or the Ministry of Higher and Secondary Education of Germany. If the export of cultural property from Germany would cause serious damage to national heritage or science, an export permit will not be issued. Exporting protected items from Germany abroad without permission is punishable by imprisonment or a fine. At the same time, things are confiscated, regardless of whether they are the property of the perpetrator or third parties. All works of art and other cultural property (including archival materials), the removal of which would be considered an irreparable loss to the German cultural heritage, must be included in the List of Cultural Property of National Heritage. Permission to export such items is issued on the basis of the conclusion of an expert commission, otherwise such valuables cannot be exported.

In Poland, taking a monument abroad without permission or failing to return it within the prescribed period is punishable by imprisonment and a fine. Selling or intermediary in the sale of monuments for the purpose of exporting them abroad is also punishable by imprisonment and a fine.

In France, back in 1975, within the framework of the French Ministry of Internal Affairs, the Central Bureau for Combating the Theft of Works and Art Objects was created. It is entrusted with several main tasks: coordination of activities aimed at preventing thefts; coordination of activities aimed at combating thefts, as well as concealment and purchase of stolen items; centralization of relevant information; special training for the entire country. Structurally, the Central Bureau is part of Interpol in France, which gives it the opportunity to have access to all international information related to works of art and cultural property in general. Like other foreign similar services, the Central Bureau places the main emphasis on the prevention of these crimes.

In legislative acts on cultural values different countries There is a lot in common, but some differences remain between the countries from which cultural values are actively exported, primarily illegally, and the states into which they are imported. Let us dwell on the legal regulation that exists in some of these states, both the first and second groups.

The states of the first group include Greece, Italy, a number of countries in Asia and Africa, and Latin American countries. Thus, in Argentina, Brazil, Jordan, and Mexico, a ban has been imposed on the export of certain categories of cultural property. A feature of Italian legislation is the free re-export of items for five years after their import, which is often used for fraudulent transactions with valuables through the initial import of counterfeits and the subsequent export of originals from Italy on an allegedly legal basis.

The second group includes countries such as the United States of America (hereinafter referred to as the USA) and Japan. There is no doubt that one of the countries into which antiques are actively imported is archaeological finds from all over the world, is the USA. Every year, tens of thousands of works of art and antiquities cross the border of this country. Legal regulation of the circulation of cultural property is carried out in the United States both through the adoption of legislative acts and through the adoption of court decisions (precedents), recognized as sources of law. Another country actively importing cultural property is Japan, where the Law on the Protection of Cultural Property was adopted in 1950. According to this Law, only items that are part of the “national treasure” or “important cultural property” are subject to export controls.

A comparative examination of the laws of many states shows that the list of cultural values largely coincides. However, at the same time, there are differences, the presence of which reflects historical characteristics, traditions of national cultures, and the role that the protection of cultural values plays in a particular country. One thing remains unchanged: the government of each country is interested in preserving the country’s cultural heritage on its territory, regardless of the political system, as well as a particular historical period.

Thus, the issues of preserving the cultural heritage of our country have been relevant for many centuries, regardless of the political regimes and ideologies that prevailed in one or another historical period in Russia.

For these purposes, it is formed government system protection of cultural heritage. Customs various countries provide direct control over the movement of cultural property across the customs border of the Customs Union.

In general, resolving issues related to the illegal movement of cultural property requires consolidation and intensive international cooperation, close interaction between domestic and foreign law enforcement systems. One of the significant shortcomings of the work carried out by customs authorities in order to prevent, suppress and identify facts of illegal movement of cultural property across the customs border is the lack of proper interaction between the Federal Customs Service and the Ministry of Culture. There are currently no legal acts obliging customs authorities and bodies of the Ministry of Culture to carry out joint activities aimed at preventing the illegal movement of cultural property across the border. Due to contradictions and problems in the legislation, it is impossible to ensure the prevention of crimes related to the illicit trafficking of cultural property at the proper level.

2. Analysis modern system customs regulation of the movement of cultural property across the customs border of the Russian Federation

2.1 Bodies of state regulation and control of the Russian Federation over the export and import of cultural property

Various people take part in preserving the cultural heritage of Russia government bodies authorities, law enforcement and security agencies, public and non-governmental organizations for the protection of cultural heritage, such as:

Ministry of Culture of the Russian Federation;

Ministry of Internal Affairs of the Russian Federation;

Federal Service for Supervision of Compliance with Legislation in the Field of Protection of Cultural Heritage;

Federal Security Service of the Russian Federation;

Border Service of the Federal Security Service of the Russian Federation;

Federal Customs Service of the Russian Federation and its divisions;

Regional government bodies exercising management in the field of culture of the constituent entities of the Russian Federation;

Municipal bodies exercising management in the field of culture;

Museums, art galleries, archives, libraries, exhibition centers;

Scientific research institutes;

Higher and secondary specialized educational institutions;

Unions of artists and others creative people, associations of collectors.

The Government of the Russian Federation has established that one of the functions of the Ministry of Culture of the Russian Federation is the creation of normative legal acts on the issues of preserving cultural heritage objects, as well as on their state security. To carry out this function, the Ministry includes the Department of Cultural Heritage and visual arts.

As part of the implementation of these functions, the central office of the Ministry of Culture of the Russian Federation issues and certifies with the official seal the following types of permits and supporting documents:

Certificate for the right to export cultural property from the territory of the Russian Federation;

Notice of extension of the period for temporary export of cultural property (for customs authorities that carried out customs clearance during the temporary export of cultural property);

A letter confirming the classification of items imported into the Russian Federation by individuals for personal use as cultural property;

A certificate of the established form confirming that the exported items are not cultural values subject to the law of the Russian Federation of April 15, 1993 “On the Export and Import of Cultural Property” are not registered with the state, and a certificate of entitlement is not required for their export export of cultural property from the territory of the Russian Federation.

The Ministry of Culture of the Russian Federation also has jurisdiction over the executive body responsible for the protection of cultural property - the Federal Service for Supervision of Compliance with Legislation in the Field of the Protection of Cultural Heritage (hereinafter referred to as Rosokhrankultura). Rosokhrankultura carries out its activities directly and through its territorial bodies, in interaction with other federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, public associations and other organizations. The powers of Rosokhrankultura and its territorial bodies, in particular, include:

Exercising state control over the export and import of cultural property;

Drawing up a list of cultural property subject to the Law, the export of which is carried out on the basis of certificates for the right to export cultural property from the territory of the Russian Federation;

Making decisions on the possibility of export or temporary export of cultural property;

Issuance of certificates to legal entities and individuals for the right of their export and temporary export;

Registration of cultural property imported and temporarily imported into the territory of the Russian Federation;

Concluding agreements on the return of exported cultural property with persons applying for their temporary export;

Ensuring the examination of cultural property declared for export and temporary export, as well as when they are returned after temporary export.

The activities of the Ministry of Internal Affairs of the Russian Federation (Ministry of Internal Affairs of the Russian Federation) are carried out on the basis of the Regulations “On the Ministry of Internal Affairs of the Russian Federation” dated March 1, 2011. In order to prevent the illegal export abroad of cultural property, the Ministry of Internal Affairs of the Russian Federation develops and implements state policy in the field of movement of cultural property valuables, ensures their protection, determines the main directions of activity of internal affairs bodies, organizes and carries out, in accordance with the legislation of the Russian Federation, the search for persons and stolen cultural property, organizes and carries out inquiries and preliminary investigations in criminal cases related to the illicit trafficking of cultural property.

An important role in regulating this process on the territory of our state is assigned to the Federal Customs Service of the Russian Federation, regional customs departments, customs houses, and customs posts. Customs authorities ensure compliance with the legislation, in terms of control, over the procedure for moving cultural property across the customs border of the Customs Union, while interacting with the Ministry of Culture of the Russian Federation, Rosokhrankultura or its territorial departments for the protection of cultural heritage.

The competence of customs authorities includes identifying, preventing and suppressing the illegal trafficking of cultural property across the Customs border of the Customs Union and (or) the State border of the Russian Federation. If it is necessary to use specialized equipment and special knowledge for customs clearance of certain types of goods, the Federal Customs Service of Russia has the right to establish certain customs authorities for declaring such goods, in order to ensure effective control over compliance with the customs legislation of the Russian Federation, in particular this applies to the movement of cultural property .

A separate task of the Federal Customs Service of Russia, represented by the relevant regional customs authorities, in relation to the issue of cultural property, is the creation of a “specialized service” that exercises control over the procedure for the export and import of cultural property at customs checkpoints across the state border. In addition, departments have been created within operational customs to combat particularly dangerous types of smuggling, one of whose tasks is to prevent possible crimes involving the loss of cultural property.

Along with the Ministry of Culture, Rosokhrankultura and the Federal Customs Service of Russia, other government agencies mentioned above are also involved in the preservation of the country’s cultural heritage.

Thus, the large number of departments dealing with this issue is determined by the specifics of the object under consideration: the exchange of cultural values for the purposes of education, science and culture expands knowledge about human civilization, enriches cultural life of all peoples and causes mutual respect and understanding between countries. It is important to note that cultural values, being one of the main elements of civilization and culture of peoples, acquire their true value only if their history and origin are precisely known.

2.2 The procedure for the export and temporary export of cultural property from the territory of the Russian Federation

The export of cultural property means the movement by any person for any purpose across the customs border of the Russian Federation of cultural property located on the territory of the Russian Federation, without the obligation to re-import it.

When exporting cultural property from the Russian Federation, the following rules are established:

...

1. The concept of cultural values

In international agreements, in national legislation and in scientific literature the concept of “cultural value” is used along with the concepts of “cultural heritage” and “cultural property”. For example, the concept of “cultural heritage” often appears in certain UNESCO documents. Just like cultural values, it can be applied to immovable and movable objects.

Cultural property and cultural heritage may consist of items of both a tangible and intangible nature. Thus, the 1989 UNESCO Recommendation on the Conservation of Folklore recognizes that folklore constitutes an integral part of “cultural heritage and living culture.”

The concept of cultural value has the broadest character. However, each individual international convention develops its own definition, which is directly applied for the purposes of this document.

The concept of cultural values is multifaceted. Each state independently determines a special range of objects that have special significance for its culture. Indeed, most authors note the diversity of definitions of the concept of “cultural values” in each specific state. It should be added that in the same country in different branches of law different definitions may be applied.

If we talk about international experience, the definition of “cultural property” was first formulated in the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (hereinafter referred to as the 1954 Hague Convention). It was thanks to this convention that this concept was introduced into international terminology. In Art. 1 of the 1954 Hague Convention states: “According to this Convention, cultural property is considered regardless of its origin and owner:

a) values, movable or immovable, which are of great importance for the cultural heritage of each people, such as monuments of architecture, art or history, religious or secular, archaeological sites, architectural ensembles, which as such are of historical or artistic interest, works of art , manuscripts, books, other objects of artistic, historical or archaeological significance, as well as scientific collections or important collections of books, archival materials or reproductions of the values mentioned above;

b) buildings whose main and actual purpose is the preservation or display of movable cultural property referred to in paragraph “a”, such as museums, large libraries, archive storage facilities, as well as shelters intended for the preservation of movable cultural property in the event of an armed conflict, specified in paragraph “a”;

c) centers in which there is a significant amount of cultural property specified in points “a” and “b”, the so-called “centers of concentration of cultural property”.

We can also turn to another, no less significant international document, namely the 1964 UNESCO Recommendation on measures aimed at prohibiting and preventing the illegal export, import and transfer of ownership of cultural property (hereinafter referred to as the 1964 UNESCO Recommendation) , where a broad definition of “cultural value” was also enshrined. From the point of view of this Recommendation, “cultural property is considered to be movable and immovable property of great importance for the cultural heritage of each country, such as works of art and architecture, manuscripts, books and other objects of interest from the point of view of art, history or archeology , ethnological documents, typical specimens of flora and fauna, scientific collections and important collections of books and archival documents, including music archives.”

As can be seen from the definition, the list of components of “cultural values” is really wide, however, it cannot be called exhaustive, since it is the state that in each specific case makes a conclusion about whether any object is important for the cultural heritage of a given country or not.

Another merit of this document is that it divided cultural property into two categories: movable and immovable.

Let us turn to the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (hereinafter referred to as the 1970 UNESCO Convention). This convention came into force for the Republic of Belarus on July 28, 1988. The subject of regulation of this document is exclusively movable cultural property.

According to Art. 1 of this convention: “... cultural property is property of a religious or secular nature which is considered by each State to be of archaeological, prehistoric, historical, literary, artistic and scientific significance and which falls into the following categories:

Rare collections and specimens of flora and fauna, mineralogy, anatomy and objects of paleontological interest;

Values relating to history, including the history of science and technology, the history of wars and societies, and those associated with the lives of national figures, thinkers, scientists and artists and with major national events;

Archaeological finds (including ordinary and secret) archaeological discoveries;

Components of dismembered artistic and historical monuments and archaeological sites;

Antiquities over 100 years old, such as inscriptions, minted coins and seals;

Ethnological materials;

Artistic values such as:

1) canvases, paintings and drawings entirely handmade on any basis and from any materials (with the exception of drawings and industrial products decorated by hand);

2) original works of sculptural art from any materials;

3) original engravings, prints and lithographs;

4) original artistic selections and montages from any materials;

Rare manuscripts and incunabula, ancient books, documents and publications of special interest (historical, artistic, scientific, literary, etc.), individually or in collections;

Postage stamps, tax stamps and similar stamps, alone or in collections;

Archives, including sound, photo and film archives;

Furniture from over 100 years ago and antique musical instruments.”

It can be noted that at the very beginning of this definition, such a criterion as the nature of the object, and not its age, was taken as the basis for constructing the list.

This document also contains a provision that the assignment and determination of the list of categories of cultural property is within the competence of each state party to the 1970 UNESCO Convention. Belarus has been participating in it since July 28, 1988.

A significant role in the formation of categories of movable cultural property is played by the UNESCO Recommendation for the Protection of Movable Cultural Property, adopted by the General Conference of UNESCO at its twentieth session on November 28, 1978 (hereinafter referred to as the 1978 UNESCO Recommendation).

The Recommendation proceeds from the fact that movable cultural property, characteristic of different cultures, is part of the common heritage of mankind, and as such, each State has a moral responsibility for their protection and preservation to the entire international community.

The Recommendation provides the broadest definition of the concept of “movable cultural property”. This definition is combined with a list, which, unlike the list of the 1970 UNESCO Convention, is not exhaustive or closed.

This Recommendation, as well as the 1970 UNESCO Convention, places within the competence of each UNESCO Member State the development of criteria for determining the values located on its territory that should be protected on the basis of archaeological, artistic, scientific or technical value.

To a certain extent, the 1970 UNESCO Convention is supplemented by the UNIDROIT Convention of June 24, 1995 concerning stolen or illegally exported cultural property (hereinafter referred to as the 1995 UNIDROIT Convention). It contains a similar definition, but there are no provisions that would allow states to determine the significance and importance of a particular object for archaeology, art, literature, etc.

As M.M. notes. Boguslavsky: “The concept of “cultural heritage” is used in other UNESCO legal documents. The main criterion for classifying cultural property into protected categories is the criterion of “outstanding universal value from the point of view of history, art and science.” It should be noted that this criterion is contained in the Convention of 16 November 1972 for the Protection of the World Cultural and Natural Heritage.

If we take a comparative look at the laws of many states, we can conclude that the list of categories of cultural property is largely the same. But there are also differences due to historical features, traditions of national cultures, with the role that the protection of cultural property plays in a particular country.

However, despite all these differences, “...one should still come to general conclusion that cultural value is a special object of legal regulation, to which general provisions on the legal status of movable things are not automatically applicable.”

At the regional level, the most complete regulation, including with regard to the classification of cultural property, is carried out in the European Union. In the EU, cultural property is treated as goods. At this level, there is an important document, this is EU Regulation No. 3911/92 of December 9, 1992 “On the export of cultural property.” This document identifies 14 categories of cultural property depending on cost and time criteria.

If we turn to the legislation of the Republic of Belarus, the fundamental legal act in this area is the Law of the Republic of Belarus dated January 9, 2006 No. 98-3 “On the protection of the historical and cultural heritage of the Republic of Belarus” (effective as amended on July 18, 2007 ) (hereinafter referred to as the Law on the Protection of Historical and Cultural Heritage).

This legal act singles out the category “historical and cultural values”, i.e. these are material objects (material historical and cultural values, the material manifestation of which constitutes their content) and intangible manifestations of human creativity (intangible historical and cultural values, the material manifestation of which does not have a significant impact on their content), which have distinctive spiritual, artistic and ( or) documentary merits and which have been assigned the status of historical and cultural value (Article 1). In Art. 13 of this law lists the types of material cultural assets:

Documentary monuments (acts of state bodies, written and graphic documents, film and photographic documents, sound recordings, ancient and other manuscripts and archives, rare printed publications);

Monuments of archeology and architecture (stone crosses and cult stones, statues, treasures, mausoleums, religious buildings, objects of folk architecture);

Historical monuments (objects associated with historical events and personalities);

Monuments of art (works of fine, decorative and applied art and other types of art).

Based on the decisions of the Belarusian Republican Scientific and Methodological Council on Historical and Cultural Heritage under the Ministry of Culture of the Republic of Belarus, historical and cultural values are assigned certain categories. There are 4 categories for material historical and cultural values. This rule was established by the Resolution of the Council of Ministers of the Republic of Belarus dated May 14, 2007 No. 578 “On the status of historical and cultural Kashtoun people.”

According to our legislation, namely in accordance with Art. 52 of the Law on the Protection of Historical and Cultural Property, the owner of a cultural property cannot freely use his rights to it in international civil circulation. In particular, it is prohibited:

Alienation or other transfer of ownership without approval of the Ministry of Culture of the Republic of Belarus;

Change of location and conditions of detention without agreement with the Ministry of Culture of the Republic of Belarus;

Export abroad on a permanent basis.

In order to ensure the safety of cultural values and prevent violations of their legal regime, information about them is systematized, and they themselves are subject to centralized accounting. By decision of the Council of Ministers of the Republic of Belarus, cultural values are included in the State List, maintained by the Ministry of Culture. An registration card and a passport are compiled for each historical and cultural value. The State Border Troops Committee, within its competence, exercises control over the export of historical and cultural values abroad.

Thus, having considered international experience in resolving issues relating to the determination of the status and concept of historical and cultural values, experience at the regional level, as well as those turning to our national legislation, we can say that the definition of historical and cultural values is very similar in different states. However, in any case, the states themselves will determine the list of categories that can be included in the concept of “historical and cultural values”, since only they have such a right.

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