Feature of cultural property. What are cultural values

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

quality characteristics 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 get 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 the systematization of G. Allport (and there are other typologies), all values are divided into

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

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

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

Cultural values are assets belonging to a certain group: social, ethnic, etc. All of them can be expressed in certain forms of art: oral creativity, artistic images, dances, songwriting, applied species.

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

works of culture, art;
folk crafts, trades;
standards of behavior;
national or folk 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 it that regulates the procedure for the import or export of their objects, determines the rules for their acquisition, possession, and sale.

However, cultural property, according to some experts, is not just historical crafts, objects or techniques. Cultural values are only those values that have a certain impact on the human psyche in order to convey information to descendants. This can be information about ideology, spirituality, beliefs - all those phenomena that are difficult to tell in another way.

Cultural values are a heterogeneous concept. They can be different even at the same time for different sectors of society. A striking example of this: historical temples... For the majority in our country, they were almost the main cultural values. However, for the young Soviet regime, they were not only of little value. The Bolsheviks considered them harmful and therefore destroyed them. This is how 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 peoples.

In order not to be destroyed, and the types of crafts or art that are the property of peoples or nationalities, were not lost, the legislation of the Russian Federation gives an exact definition of the concept of "cultural values of Russia".

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

a) movable or immovable values that are of great importance for the cultural heritage of each nation, such as monuments of architecture, art or history, religious or secular, archaeological sites, architectural ensembles that, as such, are of historical or artistic interest, works of art, manuscripts , books, other items of artistic, historical or archaeological significance, as well as scientific collections or important collections of books, archival materials or reproductions of the values indicated above;
b) buildings, the main and actual purpose of which is the preservation or display of the movable cultural property specified in paragraph (a), such as museums, large libraries, archives, as well as shelters intended for the preservation in the event of an armed conflict of the movable cultural property specified in point (a);
c) centers in which there is a significant number of cultural values specified in paragraphs (a) and (b), the so-called centers of concentration of cultural values. "Dracha GV Culturology. - Rn / D, 2000, p. 37.

Along with the 1954 Convention, a broad definition of the concept of "cultural property" was given in the 1964 UNESCO Recommendation "On Measures Aimed at Prohibiting and Preventing 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 to cultural heritage each country, items such as works of art and architecture, manuscripts, books and other items 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, in including musical archives. "It is essential that it is in this Recommendation for the first time that the division of cultural values into two categories is indicated: movable and immovable. Steshenko L. A. Protection of historical and cultural monuments in the USSR // Soviet state and law.

M. 1975. - No. 11. S. 17-24.

The division of things into two categories, namely immovable and movable, was known in Roman law and in the Middle Ages. With regard to movable property, the well-known formula "movable person follows the person" ("mobilia personam sequuntur") was applied. Exclusively movable cultural property became the subject of regulation of the 1970 UNESCO Convention "On Measures Aimed at 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 considered to be values of a religious or secular nature, which are considered by each state as having significance for archeology, prehistoric times, history, literature, art and science." It should be noted that the meaning of this definition for archeology, prehistoric period, history, literature, and science is attributed to the competence of the state party to the Convention. Hence, it follows that it is precisely the competence of each state that defines the list of categories of cultural values. Dyachkov A.N. Monuments of history and culture in the system objective world culture. Monuments and modernity. -M., 2007, p. 251.

In Russian legislation, for the first time, the concept of "cultural values" was enshrined in the Law Russian Federation dated 09.10.1992 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 dialects, national traditions and customs, historical toponyms, folklore, arts and crafts, works of culture and art, results and methods of scientific research of cultural activities, buildings, structures, objects and technologies of historical and cultural significance, unique territories and objects in the historical and cultural relation. " Fundamentals of the legislation of the Russian Federation on culture: Law of the Russian Federation of October 9, 1992 N 3612-I

(as revised on 1.12.2014)

In 1988, the Union of Soviet Socialist Republics(hereinafter referred to as the USSR) ratified the 1970 UNESCO Convention and, in accordance with it, adopted the Law of the Russian Federation "On the Export and Import of Cultural Property" (hereinafter referred to as the Law), which already more clearly delineates the categories of objects 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 values created by individuals or groups of individuals who are citizens of the Russian Federation;
- cultural values of great importance for the Russian Federation and created on the territory of the Russian Federation by foreign citizens and stateless persons residing in the territory of the Russian Federation;
-cultural values found 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 values acquired as a result of voluntary exchanges;
-cultural values received as a gift or legally acquired with the consent of the competent authorities of the country where these values originate. " )

The "objects of the material world" mentioned above are listed in another article of the Law, in accordance with it "the following categories of objects belong to cultural values:

1. 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 life and work outstanding personalities(state, political, public figures, thinkers, scientists, literature, art);
2. Objects and their fragments obtained as a result of archaeological excavations;
3. Artistic values, including:
- -paintings and drawings entirely handmade on any basis and from any materials;
- -original sculptural works from any materials, including reliefs;
- -original artistic compositions and assemblies from any materials;
- -artistically decorated religious items, in particular icons;
- - engravings, prints, lithographs and their original printing forms;
- - decorative works - applied arts, including art products from glass, ceramics, wood, metal, bone, fabric and other materials;
- -products of traditional folk art crafts;
- -components and fragments of architectural, historical, artistic monuments and monuments of monumental art;
4. Antique books, publications of special interest (historical, artistic, scientific and literary), separately or in collections;
5. Rare manuscripts and documentary monuments;
6. Archives, including photo, background, film, video archives;
7. Unique and rare musical instruments;
8. Postage stamps, other philatelic materials, separately or in collections;
9. Antique coins, orders, medals, stamps and other collectibles;
10. Rare collections and specimens of flora and fauna, subjects of interest to branches of science such as mineralogy, anatomy and paleontology;
11. Other movable objects, including copies, which have a historical, artistic, scientific or other cultural significance, as well as those taken under protection by the state as monuments of history and culture. "

Thus, this Law exhaustively stipulates almost all objects that may directly or indirectly relate to cultural values.

Despite the fact that international law and Russian legislation provide several definitions of the concept of "cultural values", the general specificity remains unchanged: cultural heritage forms a set of material and spiritual cultural values of other eras, subject to preservation, reassessment and use of existing achievements. The concept of "cultural values" covers both material objects and spiritual activities of a person. Means of labor and its material products, works of spiritual creativity, can have cultural value. philosophical ideas, scientific achievements, traditions, moral and legal norms, etc.

Today it has become fashionable to talk about culture. Some argue that society loses it from year to year, some, on the contrary, argue that culture is reborn and becomes more and more multifaceted. Is it so? Let's figure out what these are - cultural values, and try to answer the question of what happens to them.

What is culture

In Latin, the word "cultura" originally meant "cultivation". How did it happen that over time the term changed its meaning? In fact, the meaning of the word "culture" remains the same. Upbringing, development and education - this is the cultivation of the human soul.

It was culture that helped a person move from a primitive communal tribe, first to an agrarian, and later to cultural revolution... Today, the concept includes various areas of human activity, being a set of skills, abilities and products of self-expression. Cultural values are an integral part of life of society. Let's take a closer look at them.

What is cultural property?

Oddly enough, but this concept can be interpreted in different ways. The first option: cultural values are the moral and moral foundations of a person. It is according to established patterns of behavior that a person lives and thinks. But when these boundaries of moral norms are violated, a person is automatically recognized as uncivilized. Moreover, it does not interfere with his life in any way, but those around him can sometimes shock.

The second interpretation is the most popular. Cultural values are buildings, paintings, objects, technologies and objects. All that can be seen or understood. All this knowledge and the material product of human activity helped our society to make a rapid leap in its development.

The third variant of the meaning of cultural values is a product of human activity, which is hidden from our view in the heads of people. This includes knowledge, science, skills and scientific values.

Well, the last interpretation of the cultural values of society is languages, traditions, crafts, folklore. All that, thanks to which we consider ourselves a civilized society with a rich history.

Do different countries have the same or different cultural values?

If you look at the interpretation of the term itself, everything becomes clear. Each country has its own history, set of laws and, as a result, a unique culture. Accordingly, the values will be different everywhere. Why did it happen? Countries developed in different conditions, and their religions were also different.

But it is precisely the beliefs of a person that constitute a huge layer of culture. Our country long time was pagan, and this could not but affect modern society... Russians have been considered barbarians for many centuries, and now foreigners who have never been to our country, but only know about it from news releases, have the same opinion.

But this does not mean that our ancestors did not have a culture. The pagan faith required not only strict obedience to the gods, but also the creation of temples, totems and monuments. And when monotheism replaced polytheism, people did not abandon their heritage. They simply remade the Byzantine faith, adapting it to our country. Thus, it turned out that in the process of various evolutions and revolutions, people and their consciousness changed.

What is cultural norms?

Typically, this term refers to standards of conduct. Moreover, like the cultural values of peoples, the norms are different in all countries. They are expressed in the form of awards and punishments, and are regulated by the state. In our country, cultural norms are not just lip service. They are written in the Constitution, which limits human rights within reasonable limits. But at the same time, it gives him maximum freedom of action within the framework of reason. In case of non-observance of cultural norms, a person will face a regulated punishment.

Human cultural values

There are many peoples and nationalities on earth. Each individual person has a set of cultural values and norms. What are they like with him? It is clear that each country has its own concept of culture, but most of the values are still similar:

Striving to know our history and understand the essence of what is happening to us and our homeland. This value, called "love for the Fatherland", is embedded in every person. After all, only a person who knows his own history can create future countries.
Knowledge of the peculiarities of national creativity. Folklore, crafts, traditions and customs are rarely taught in school. This knowledge is given to a person in the family. And only thanks to them a person can better know who he is and what he is doing in this world.
Religion is one of the main cultural values of a person. It is she who establishes the unwritten rules, not regulated by the constitution, by which all people should live.

Cultural values of the state

Citizens of one country represent a single group that is united by common history and common future. The values of the whole society as a whole include the cultural norms of each individual person. What is the difference then? In the globality of thinking. The rulers of countries can change cultural values if they want. But people treat such changes very badly, so they do not happen often.

The main task of any state is to preserve and enhance cultural values. That is, it should help talented people to realize themselves, scientists - to make discoveries, and architects - to build buildings. Today, intangible cultural values are fading into the background, and the first is the product of people's activities, which brings some benefit to society and the state.

How cultural property is protected

Today, many states are concerned about the increasing growth of vandalism. That is why many of them have united and set themselves the goal of protecting cultural values. Thus, it was decided to protect buildings, paintings, sculptures. Yes this most of heritage of any country. It is by these monuments that have survived to our time that one can judge how our ancestors lived.

But culture is not only material values... This term is understood as our mentality and language. And few people follow the purity of their speech. Today there is so much slang in the Russian language that it is difficult to talk about the culture of the language. This also applies to religion. If churches, mosques and other religious buildings are protected and, as a result, preserved, then faith itself changes from year to year.

Perspective of the development of cultural values

As mentioned above, the world does not stand still. Culture and cultural values change and transform. But don't regret it. This is a natural stage of development. You need to believe that everything that happens is always for the best. Of course, this does not mean that you need your own with my own hands kill cultural monuments of past centuries.

Although sometimes one can be quite surprised at how quickly street art came to be considered art. It's not bad when artists paint boring gray houses, but when they start to create on churches or monuments, it makes you shiver. To prevent this from happening, each person must understand the line of what is permissible and not overstep it.

The cultural values of the 21st century generation are mainly located on the web. Therefore, it is difficult to imagine how the collection, systematization and preservation of this type of creativity will take place in the future. Perhaps, separate servers will be created, where paintings by artists, songs and films will be stored, and it is they that will become the rebirth of modern museums.

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Introduction

1. Cultural values

1.1 Values. Cultural values

1.2 Classification of cultural property

2. Protection of cultural property

2.1 The problem of ensuring the safety of cultural property

2.2 The need to ensure the safety of cultural property

2.3 State control

Conclusion

Bibliography

Introduction

Cultural values have always been the object of close attention from people of different nationalities and different segments of the population, regardless of their standard of living, political or social status.

For some, these are objects to satisfy their cultural needs, for others, it is a way of existence or a means of profit.

Satisfying cultural needs is both the enjoyment of already created works of art, and the opportunity for a work of art to create, store, collect, study, etc. Cultural heritage forms a set of material and spiritual cultural values of other eras, subject to preservation, reassessment and use of existing achievements.

Interest in the problem of cultural values can be considered an indicator of the level of cultural development of the population of any country. Today, developing countries demand the return of cultural property, and this problem is actively discussed by international organizations and at international forums.

Naturally, the very concept of "cultural values" or "works of art" implies a careful and attentive attitude towards them both on the part of workers in the "cultural" sphere, and on the part of customs authorities, who are accustomed to dealing mainly with "ordinary "A commodity, that is," a product of labor created for sale. "

The aim of the work is to study cultural values, their safety and security.

To achieve this goal, the following tasks are solved in the work:

get acquainted with the safety and protection of cultural property;

determine the degree of protection of cultural property;

consider the safety of cultural property.

The object of research in term paper are cultural values.

The subject of research is their protection

1. Cultural values

1.1 Values. Cultural values

Cultural values - according to the definition of the Fundamentals of the Legislation of the Russian Federation on Culture of October 9, 1992 - moral and aesthetic ideals, norms and patterns of behavior, languages, dialects and dialects, national traditions and customs, historical toponyms, folklore, arts and crafts, works culture and art, the results and methods of scientific research of cultural activities, buildings, structures, objects and technologies of historical and cultural significance, unique in the historical and cultural sense, territories and objects.

What are cultural property? Cultural values are the property of a certain ethnic, social, sociographic group, which can be expressed in some forms of artistic, visual and other types of arts.

At the same time, a prerequisite for the belonging of works of art to cultural values is their possible impact on the psyche and consciousness of people in order to convey to them in one form or another information about ideological and spiritual values that are difficult to convey in another way. Cultural values in different time periods differed among themselves and even for the same people - cultural values are something not necessarily homogeneous in their content.

Many epochs of mankind keep in themselves the origins of culture, the origins of spirituality, the origins of the real humane human values and trends. In order to be able to meet them at modern man much more opportunities due to the fact that the information space is connected into a single whole thanks to multiple communication networks, the Internet, television. But 30 years ago, for example, could anyone have suggested that in order to get acquainted with the Louvre or the exposition of the National British Museum There will be no need for the arts to travel to them. And all this can be done behind a monitor screen in Belgorod or Orel. The world has become closer, much closer than it was before. We are at the stage of mass mixing of cultures and the penetration of the West and the East in their approaches to each other. Now the concept of cultural values is changing and modified in accordance with the way in which a person changes and improves. The development of new branches of culture takes place at the junction of old and new concepts of cultural values, on the threshold of new discoveries and the development of the finest technologies of a new generation.

G. Lotz, W. Windelband, G. Rickert contributed to its development.

There are various approaches to understanding values. Scientists usually proceed from the following concepts.

Value is a characteristic of a person's attitude to an object fixed in a person's consciousness.

Objects that give him positive emotions are valuable for a person: pleasure, joy, pleasure. Therefore, he desires them and strives for them. Valuable may be material items, processes or spiritual phenomena (knowledge, ideas, ideas).

But the value itself is not an object, but special kind meaning that a person sees in an object or phenomenon.

The value sense exists in the consciousness of a person, but it is, as it were, objectified and takes the form of a special spiritual education - value as a certain essence contained in an object.

If an object becomes desirable, satisfying the needs, needs of the individual, it acquires value. Consequently, it is not the object itself, but the person's attitude to it that leads to the emergence of value. However, in practice, value is called not only the ability of an object to satisfy needs, but also the object itself.

Value in cultural studies is not identical to the economic understanding of it as a value (monetary expression of value). Values cannot always be expressed in monetary terms. It is impossible to express inspiration, recollection, the joy of creativity and other manifestations of the human soul in a commodity-money form. Value must be distinguished from utility. A valuable thing may be useless, and a useful thing may have no value. In axiology, various options for the classification of values are accepted. There are classifications in which values are arranged in a hierarchical sequence - from the lowest (sensual) to the highest (saints). Most often, values are divided into spiritual, social, economic, material. On the basis of the value concepts prevailing in culture, a system of personal value orientations is formed. Each individual orders them in his own way. Family happiness, material well-being, love, successful career, decency, etc. In a person of high culture, spiritual values become decisive. Values often turn out to be incompatible with each other. Therefore, a person is practically doomed to the torment of choosing alternative values.

1.2 Classification of cultural property

From the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 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 that, as such, are of historical or artistic interest, works of art , manuscripts, books, other items of artistic, historical or archaeological significance, as well as scientific collections or important collections of books, archival materials or reproductions of the values indicated above;

b) buildings, the main and actual purpose of which is the preservation or display of movable cultural property specified in paragraph "a", such as museums, large libraries, archives, 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 number of cultural values specified in paragraphs "a" and "b", the so-called "centers of concentration of cultural values".

Cultural values - according to the legislation of the Russian Federation -

Moral and aesthetic ideals;

Norms and patterns of behavior;

Languages, dialects and dialects;

National traditions and customs;

Place names;

Folklore;

Arts and crafts;

Works of culture and art;

Results and methods of scientific research of cultural activities;

Buildings, structures, objects and technologies of historical and cultural significance;

Historically and culturally unique territories and objects.

Cultural values - property values of a religious or secular nature that have historical, artistic, scientific or other cultural significance: works of art, books, manuscripts, incunabula, archival materials, components and fragments of architectural, historical, artistic monuments, as well as monuments of monumental art and other categories of items.

The list of cultural property, the export of which is carried out on the basis of Certificates for the right to export cultural property, was approved by Order of the Ministry of Culture of the Russian Federation of August 7, 2001 N 844 "On clarifying the procedure for processing documentation for the right to export cultural property and cultural items from the territory of the Russian Federation." These cultural values include:

Cultural values included in the Museum, Archival and Library funds of the Russian Federation (with the exception of copies taken from documents stored in federal and state archives(documentation storage centers) of the constituent entities of the Russian Federation, state museums and libraries of the system of the Ministry of Culture of the Russian Federation, the State Film Fund of Russia, institutions of the RAS system)

Objects and collections of historical, scientific, artistic or other cultural significance, associated with significant events in the life of peoples, the development of society and the state, with the history of science and technology:

memorial items related to the life of prominent political, statesmen, national heroes, scientists, literature and art

items and collections of uniforms and equipment for industrial, military and other purposes, created more than 50 years ago

technical items, devices, instruments, apparatus, scientific, industrial, household and military equipment and / or their components, created more than 50 years ago

objects and their fragments obtained as a result of archaeological excavations

Artistic values (excluding painting, sculptural and graphic works, items of decorative and applied art, design projects, installations, items of children's creativity, created less than 50 years ago, as well as household items, regardless of the time of their creation, which are not registered with the state and are classified as cultural items according to the results of the examination):

works of painting, sculpture

works of graphics and original graphic printing plates

religious items of various denominations

arts and crafts

decorated weapon

Components and fragments of architectural, historical monuments and monuments of monumental art

Printed publications over 50 years ago

Manuscripts, documentary monuments, archives, including phono, photo and film archives, created more than 50 years ago

Unique and rare musical instruments, including original folk instruments, created more than 50 years ago (with the exception of musical instruments of factory (manufactory) production, including folk instruments(balalaikas, domras, button accordions, etc.)). For stringed bowed instruments (violin, viola, cello, double bass) and bows that are not unique and rare, a passport can be issued, in which the Ministry of Culture of Russia or its territorial departments for the preservation of cultural values makes the following entry: "Rossvyazokhrankultura (or its territorial administration) confirms that this musical instrument / bow is not subject to the Law of the Russian Federation of 15.04.1993 N 4804-1 "On the export and import of cultural property" and can be exported without issuing a certificate for the right to export cultural property from the territory of the Russian Federation. " the record is certified by the signature of the official and the seal of Rossvyazokhrankultura or its territorial administration.

Postage stamps (postage stamps and blocks), pre-stamped postcards and envelopes, tax stamps and similar stamps created more than 50 years ago

Coins, bonds, banknotes and securities created over 50 years ago

Ancient orders and medals (with the exception of personal awards, for the wearing of which there are order books or award certificates, exported by the recipient himself or his heirs, as well as badges), as well as commemorative and award signs, table medals and seals created more than 50 years ago

Rare specimens and collections of flora and fauna, items of interest to areas of science such as anatomy, paleontology and mineralogy, including:

plants, animals and their parts, regardless of the method of conservation (including herbaria, stuffed animals, shells, etc.)

artificial or natural preparations of whole organisms (including fossils), individual organs, their parts or systems

remnants of fossil organisms and / or their parts (including their prints), regardless of preservation

samples and collections of minerals (except synthetic), rocks and natural non-crystalline substances of terrestrial and extraterrestrial origin

Cultural values do not include modern souvenirs, cultural items of serial and mass production.

It is prohibited to export movable objects of historical, artistic, scientific or other cultural value and classified as especially valuable objects of the cultural heritage of the peoples of the Russian Federation, regardless of the time of their creation.

movable objects, regardless of the time of their creation, protected by the state and included in the protection lists and registers

cultural values permanently stored in state and municipal museums, archives, libraries, other state repositories of cultural values

cultural values created over 100 years ago

The ban on the export of cultural property on other grounds is not allowed.

In accordance with international treaties and the legislation of the Russian Federation, cultural values illegally exported from its territory and illegally imported into its territory are subject to return.

2. Protection of cultural property

The Convention for the Protection of Cultural Property in the Event of Armed Conflict, adopted at an international conference in The Hague on May 14, 1954, provides for the following measures:

a) prohibiting the use of these valuables, structures for their protection, as well as the areas immediately adjacent to them for purposes that may lead to the destruction or damage of these valuables in the event of an armed conflict;

b) prohibition, prevention and suppression of any acts of theft, robbery or misappropriation of cultural property in any form, as well as any acts of vandalism in relation to these values; c) the prohibition of the requisition and the adoption of any repressive measures against cultural property. The First Additional Protocol of 1977 prohibits any hostile action directed against those historical monuments, works of art or places of worship that constitute the cultural or spiritual heritage of peoples. The Protocol complements the system of guarantees for the protection of cultural property introduced by the 1954 Hague Convention.

The most important cultural property is taken under special protection and is included in the International Register of Cultural Property, which is maintained by The Director General UNESCO; a copy of the register is kept by the UN Secretary General and by each party to an armed conflict. From the moment of their inclusion in the International Register, valuables receive military immunity, and the belligerents are obliged to refrain from any hostile act directed against them.

Cultural property under special protection during armed conflicts must be marked with a distinctive sign. The 1970 Convention on Measures Aimed at Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property includes in the list actions that are a direct or indirect result of the occupation of a country by a foreign power. The 1954 Hague Convention, as mentioned above, provides for two types of protection for cultural property. Under the general protection regime, a special list of cultural values is not drawn up, and their protection can be withdrawn in the event of "urgent military necessity." Special protection, conceived to preserve cultural values such as Versailles, the Taj Mahal or the Hermitage, requires the inclusion of the relevant cultural property in the International Register of Cultural Property, and their protection can only be withdrawn in “exceptional cases of imminent military necessity”. However, this system special protection on the whole it did not succeed and turned out to be not vital. Over the 50 years of the existence of the Hague Convention, only 6 objects (!) Have been included in the International Register of cultural property under special protection - the Vatican and five centers for the storage of cultural property (in Austria, Holland and Germany).

It is important to note that the Covenant protects movable and immovable cultural values. Some authors express the opinion that the Roerich Pact protects only immovable cultural values. For example, the protection of museums, about which the first article of the Covenant speaks, means the protection of the building of museums and their exhibits. The museum unites in a single whole the building and the movable cultural values stored in it, and this whole cannot be torn apart, because the building itself is not a museum, but at best an architectural monument. This argument also applies to movable cultural property in scientific, educational, cultural and artistic institutions protected by the Roerich Pact.

The Pact protects the personnel of the aforementioned cultural, scientific and educational institutions.

The Covenant introduced and established the following principles and rules in international law for the first time:

Cultural values, regardless of their belonging, are the cultural heritage of all mankind;

They are unconditionally subject to protection and respect in times of armed conflict;

Cultural property loses its immunity only if it is used for military purposes;

Cultural values are subject to protection equally in an international armed conflict and in a conflict that does not have an international character;

Cultural property is subject to protection in times of peace;

Cultural values should be registered and included in the list for the purpose of protection, both in time of peace and in war;

A well-known and obligatory sign is established to protect cultural values, both during an armed conflict and in peacetime;

The national protection regime applies to foreign cultural property.

The Hague Convention of 1954 is the recipient of many of the most important principles and provisions of the Roerich Pact, but it largely follows the track laid by the Hague Conventions of the early 20th century, subordinating the protection of cultural values to military necessity.

In 1972, the Convention on the Preservation of the World Cultural and Natural Heritage was adopted in Paris. Although the Convention nowhere refers to the Roerich Pact, there is no doubt that it consolidates and develops the principle of the protection of cultural values in peacetime established by the Pact. safety cultural value security

2.1 The problem of ensuring the safety of cultural property

Over the past decades, the topic of preserving cultural heritage has been discussed quite often. The widespread interest in this issue is associated with the development of museums and tourism, as well as with the growth in the number of educational institutions and, as a consequence, with the expansion of the number of library readers. Providing access to museum treasures and library funds without prejudice to the collections themselves - one of the most important tasks and problems of our time.

The problem of ensuring the safety of cultural property acquired in last years so acute that the Ministry of Culture and mass communications The Russian Federation has identified it as one of the leading cultural institutions in the activities. The issue of normative regulation of the work of the security services already created in dozens of museums and libraries has not yet been resolved. The lack of a single standard governing the use of methods and means of fire protection of objects storing cultural values leads to the adoption of rash measures for the use of inappropriate or ineffective alarm systems, fire extinguishing, fire retardant and fire extinguishing compositions that quickly lose their properties or damage cultural and material values. The implementation of such projects may entail untimely evacuation of employees and visitors from the premises in the event of a fire, damage people's health, pose a threat to their lives, lead to loss and damage to cultural property, as well as to unjustified financial costs. The continuing theft of historical and cultural rarities from museums and libraries, the loss of monuments as a result of fires and accidents testifies to the lack of reliable security and insufficient equipment with security systems in the vast majority of cultural institutions.

Such a difficult situation with the protection of cultural property is caused by many factors, first of all, extremely low funding for this area for a long time. Often, funds for ensuring security are sorely lacking and they have to be sought from various sources. With the constantly increasing cost of services of public and private security companies, having common system funding, some leaders, in order to ensure the safety of the cultural institutions entrusted to them, close exhibition, cultural, educational, restoration projects, others, due to lack of funds, remove the police and fire brigade, including a centralized one, leaving museums and libraries completely unprotected.

The organization of an effective security system should include not only regular improvement of the means and methods of protecting cultural objects from fires, criminal encroachments, and other danger factors that threaten the safety of funds, but also the management of the flow of visitors, the accumulation of which in separate halls can lead to both an accident and deliberate damage to works of art.

Roerich's Pact is the basis for international legal protection of cultural values and its future. It is the first international treaty that comprehensively addresses the protection of cultural property. The pact became the basis of the modern international legal system for the protection of cultural values. It has provided tremendous opportunities for the preservation of culture and brings new perspectives for the future. Some of these opportunities have been exploited in the past, others have been lost. It depends on us how much we will be able, in the name of Culture, to embody the new that is laid down in the Pact.

To substantiate the above, let us turn to the legal provisions of the Treaty on the Protection of Artistic and Scientific Institutions and Historical Monuments. Let us compare the provisions of the Roerich Pact and the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and, in particular, the nature of the protection that these treaties provide, as well as the objects of protection, the conditions for registering these objects and the sign of protection of cultural values. The analysis will also consider other acts of international law: Protocol I of 1977 to the Geneva Conventions of the Red Cross, the Second Additional Protocol of 1999 to the Hague Convention of 1954 and others.

2.2 The need to ensure the safety of cultural property

According to the first paragraph of Article 4 of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, cultural property should not be the object of hostile actions directed against them, and should not be used for purposes that could lead to their destruction or damage. However, immediately, in the second paragraph of this article, it is said: "The obligations specified in paragraph 1 of this article may be violated only if military necessity urgently requires such a violation."

This clause applies to cultural objects which are subject, according to the 1954 Hague Convention, general protection... In addition to the general one, the Convention also created a system of special protection for those movable and immovable cultural values that are given priority. But even for these values, the Hague Convention provides for protection with a reservation - their immunity can be lifted, that is, they can be deprived of protection, in "exceptional cases of unavoidable military necessity." Thus, the protection of cultural property provided for by the 1954 Hague Convention is protection with a reservation, protection with a condition. The 1954 Hague Convention borrowed this limitation from the 1907 Hague Convention on Laws and Customs land war.

However, these concepts themselves - "urgent military necessity" and "exceptional cases of unavoidable military necessity" - were not defined by the 1954 Hague Convention, their content remained unclear. Therefore, one cannot but agree with those who believe that the clause on imperative military necessity, as well as on inevitable military necessity, “opens up the possibility of deliberate destruction cultural monuments for purely military reasons, and therefore this formulation is unacceptable and must be changed. "

In 1977, the Additional Protocol to the Geneva Conventions of 1949 was adopted, relating to the protection of victims of international armed conflicts (Protocol I of 1977). With its adoption, it did away with the approach established by the 1954 Hague Convention. This protocol stipulates that only military objectives can be subject to military attack, and civilians and civilian objects cannot be subject to such an attack. Cultural values are civilian objects and as such cannot be the object of a hostile military act directed at them. Civilian objects, and therefore cultural values, can only become the object of hostile acts if they are turned into military objects. There are no exceptions to this rule.

The diplomatic conference, which adopted Protocol I of 1977, defined the concept of "military object", and this is considered one of its great achievements. According to article 52, paragraph 2, the definition of a military object contains two criteria that must be met simultaneously (cumulatively) in order for the object to be recognized as a military one: firstly, the nature, location, purpose or use of the object, which must be such so that they "lead to an effective contribution to military action", and, second, the military advantage that the destruction, capture or neutralization of this object gives, while the military advantage must be "definite, in the given circumstances."

In 1992, the Dutch government, together with UNESCO, commissioned Professor Patrick Boylan to conduct a thorough analysis of the 1954 Hague Convention (and its First Protocol, which was also signed in 1954) in order to find out the reasons for its "apparent failure" in achieving clear and worthy goals. that were put before her.

As a result of the recommendations contained in Professor Boylan's report, and a large preparatory work The Dutch government and UNESCO convened a Diplomatic Conference, within the framework of which the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict was signed on May 17, 1999 (currently 33 states have ratified it), which entered into force in 2004 ...

This Protocol adopted the provision of Protocol I of 1977 that no hostile actions can be directed against cultural values, except when they become military objectives. The second protocol, in contrast to Protocol I of 1977, limited the cases that give reason to believe that a cultural object has become a military one. This limitation was achieved with great difficulty at the 1999 Diplomatic Conference in The Hague. There was no dispute that, unlike other civilian objects, the nature and purpose of the value of culture cannot turn it into a military object, while its use for military purposes can. However, the question of whereabouts has sparked heated debate. The Greek and Egyptian delegations, as well as the International Committee of the Red Cross, were categorically opposed to the fact that the location of a cultural property in itself could turn it into a military object, because in this case, the protection of cultural property, in principle, would be significantly impaired. Although the criterion for the location of cultural property was not convincingly substantiated, several delegations, most of them from NATO countries, persisted in it. Ultimately, a compromise was reached and the following formulation was adopted: a hostile act can be directed at the value of culture only if, by virtue of its function, it is turned into a military object. One can agree with the lawyer of the International Committee of the Red Cross Jean-Marie Gencaerts, who participated in the work on the Second Protocol, that only with a great imagination can it be argued that the word "function" includes not only the use, but also the "location" of cultural property.

The dispute over the application of the location criterion related to cultural property, which is subject to a general protection regime under the 1954 Hague Convention and its Second Protocol. As for cultural property, which, by virtue of the Second Protocol, is subject to an enhanced protection regime, there was no disagreement: the protection of a cultural object can be lifted only if this object is used as a military one.

Roerich's Pact on the Protection of Artistic and Scientific Institutions and Historical Monuments, signed on April 15, 1935 at the White House, provides for their protection without reservations. Thanks to the active initiative of N.K. and E.I. The Roerichs and their associates, in many countries of the world a huge victory was achieved on the eve of World War II, because the Pact for the first time clearly and categorically established in international law the principle of the priority of protecting cultural values that are of lasting importance for all mankind, over military necessity, which is transitory and opportunistic. meaning. This very formulation of the question shows a huge difference between the Roerich Pact and the 1907 Hague Conventions adopted before it on the laws and customs of war on land and on bombing by naval forces during the war.

By signing the Roerich Pact, all peoples and mankind were given a tremendous opportunity to save many priceless cultural treasures in the forthcoming world war, for the Roerich Pact was conceived and developed as a universal international treaty. This should be especially emphasized. The Pact was the first to regulate the principles and rules for the protection of cultural property, and these provisions had and are of global significance. The universal character of the Pact is evidenced by the materials of the III Conference held in November 1933 in Washington, which recommended that this humane document be adopted by "the governments of all nations as a demonstration of the noble attitude of their peoples towards the protection of culture." Moreover, the text of the treaty itself says that states that did not sign the treaty at the time of its opening can sign or accede to it at any time. Recall that when signing the treaty, President Roosevelt said: "Offering this Pact for signing to the peoples of the whole world, we strive for the worldwide application of one of the most important principles of preserving modern civilization."

Due to the fact that many countries, and especially European ones, did not join the Roerich Pact on the eve of World War II, the opportunity to save many treasures of human genius was lost. The Hague Conventions of 1907, as shown by the First World War, did not help protect cultural values. Baron Michel de Taube wrote about this in his message to the III Conference on the Roerich Pact: "... both conventions of 1907 have sufficiently demonstrated their failure during the world war." Unfortunately, the ineffectiveness of the Hague Conventions was confirmed by the Second World War. In 1999 Jean-Marie Gencaerts wrote: “History has shown us, however, that the concept of military necessity could not significantly limit military action. In World War II, for example, hostilities were conducted under the terms of an agreement that no property could be destroyed unless urgent military necessity required it. And yet entire cities were destroyed. "

After the Second World War, another opportunity was lost - to retain the positions won by the Roerich Pact with regard to the international protection of cultural property: the Roerich Pact was not offered to all countries of the world to join it and therefore remained a regional treaty signed only by the countries of both Americas.

During the Diplomatic Conference, which adopted the Hague Convention of 1954, the United States, Britain and some other countries insisted on the clause "in case of military necessity". An interesting fact - the representative of Romania pointed out that the Roerich Pact did not contain this clause, and expressed surprise that it was the United States, which signed the Roerich Pact, insisting on its inclusion. The Soviet delegation was against this reservation, its leader V.S. Kemenov said that protecting cultural property for future generations is a task that goes beyond any "military necessity." When the bombs fell over the Acropolis, Versailles and Westminster, hardly anyone could be reassured by the fact that the destruction was carried out "legally", in accordance with the Hague Convention. Nevertheless, the reservation was adopted at the conference by a majority vote and in the 1954 Hague Convention was written in the form of the formula "urgent military necessity". In this respect, the 1954 Hague Convention was a step backward compared to the Roerich Pact. And only half a century later, in 2004, when the Second Protocol to the Hague Convention of 1954 came into force, the level of unconditional protection that the Roerich Pact provided for back in 1935 was achieved!

The fifth article of the Covenant states that cultural values cease to be protected if they are used for military purposes. Neither the location of a cultural property, nor anything else, can serve as a basis for lifting the protection provided for in the Covenant. This simple and only correct decision was made in the 1999 Second Protocol to the 1954 Hague Convention with great difficulty and thanks to compromises in the wording several decades after the signing of the Covenant.

This Protocol contains some new rules that are not in the Roerich Pact and which create additional guarantees for the protection of cultural values. These new rules, developed on the basis of the 1977 Protocol I annex to the Geneva Conventions, once again prove N.K. Roerich, who always insisted on studying and using the experience of the Red Cross in matters of protecting culture. According to the Second Protocol, a cultural monument, which has been turned into a military object, can be attacked only if there is no alternative and only after a preliminary warning (when circumstances permit such a warning). Great achievement The 1999 Second Protocol also includes provisions on the individual criminal responsibility of individuals for violations of international rules protection of cultural values.

2.3 State control

The federal body executive power carrying out the functions of control and supervision in the field of mass communications and the protection of the cultural heritage of the Russian Federation? is the Federal Service for Supervision of Compliance with Legislation in the Sphere of Mass Communications and the Protection of Cultural Heritage (Rosokhrankultura).

Rosokhrankultura is under the jurisdiction of the Ministry of Culture and Mass Communications of the Russian Federation. Regulation on Federal Service on supervision of compliance with legislation in the field of mass communications and protection of cultural heritage (Rosokhrankultura) approved by the Decree of the Government of the Russian Federation of June 17, 2004 N 301.

Rosokhrankultura carries out its activities directly and through its territorial bodies in cooperation with others federal authorities executive power, executive bodies of the constituent entities of the Russian Federation, local government bodies, public associations and other organizations.

The powers of Rosokhrankultura, in particular, include:

implementation of state control over the export and import of cultural property

making decisions on the possibility of export or temporary export of cultural property, issuance of legal and individuals certificates for the right of their export and temporary export

registration of cultural property imported and temporarily imported into the territory of the Russian Federation

conclusion of contracts on the return of exported cultural property with persons applying for their temporary export

provision of expertise of cultural property declared for export and temporary export, as well as when they are returned after temporary export

The functions assigned to it are carried out by Rosokhrankultura together with:

State Archival Service of Russia

customs authorities

the internal affairs bodies

federal authorities state security RF

other law enforcement agencies

As a collegial body for the export and import of cultural property, an Interdepartmental Council for the export and import of cultural property is formed.

The Ministry of Culture of the Russian Federation draws up a list of cultural property falling under the Law on the Import and Export of Cultural Property.

The Federal Customs Service of the Russian Federation, by means of a specialized service, exercises control at customs points over the procedure for the export and import of cultural property established by the Law.

Examination of cultural property declared for export, temporary export, and also returned after temporary export is carried out by specialists from museums, archives, libraries, restoration and research organizations and other specialists authorized by the Ministry of Culture of the Russian Federation and the State Archival Service of Russia to carry out this activity.

One of the activities of the Department of Culture and Cultural Heritage is to ensure the preservation and protection of cultural values in everyday conditions and in emergency situations of peace and war. For this purpose, a service for the protection of cultural values has been created on the basis of the Department. The Department of Cultural Heritage of the Department protects immovable cultural values (monuments of architecture, history, etc.).

The issue of protecting cultural property is very relevant and difficult to implement; it requires a systematic approach and appropriate financial investments.

The main activities for the protection of cultural property include the following:

Activities carried out in advance

Classification of cultural property into groups;

Compilation and approval of a list of values;

Values marking;

Development of planning documents;

Accumulation of containers, packaging material, tools;

Personnel education and training;

Ensuring the protection of valuables in places of permanent location (working out the organization of security, fire safety, etc.)

Measures taken in case of a threat of an emergency

Request work force, loading equipment and transport, as requested;

Preparing storage facilities to hide valuables in place;

Packing values of 1 and 2 groups in a container;

Loading and evacuating valuables to the suburban area or to other specific places;

Preparation of shelters for low-transport facilities;

- "burial" and shelter of low-transport values of groups 1 and 2;

Protection of non-transportable values of groups 1 and 2;

Organization of security and safety of valuables along the route and in new places of accommodation.

Conclusion

In conclusion, based on the study, the following conclusions can be drawn:

The problem of protecting cultural property is complex. Yes, it rests on complex economic processes, but it is not limited to them. A huge role here is played by politics, law, morality, determination to preserve the truly priceless cultural heritage that we have inherited, to master it and pass it on to our children in a multiplied, renewed, ennobled by duty, patriotism, concern for the future, form.

The history of the protection of the cultural heritage of Russia has more than three centuries - during this period protection legislation was formed, the state protection system was created, the basic methodological principles of the protection of monuments were developed, and the national restoration school was formed.

In the last decade, a number of problems in the field of protection of antiquities have become aggravated, the solution of which is impossible without taking into account the experience of past years. One of these problems is the privatization of monuments and the formation different forms ownership of them. In this regard, the regulation of the rights of owners by the state, the development of optimal relations between the parties is one of the most important issues of today's monument protection policy.

Modern Russian cities changing their appearance - new houses are being built, squares are being formed, monuments are being erected, monuments once lost are being recreated. At the same time, the peculiarities of the architectural and historical environment are often ignored: houses of new architecture are being built that are in no way connected with Russian traditions, original unique objects are distorted and destroyed and countless remakes are being erected.

The cultural and natural heritage of Russia is actively involved in the world cultural space. Our country is a full member of such authoritative international organizations as the United Nations Educational, Scientific and Cultural Organization (UNESCO), the International Council of Museums (ICOM), and the International Council for Monuments and Sites (ICOMOS). Many unique monuments Russia is under the auspices of these organizations.

Modern domestic research is developing new methodological approaches to the protection of values that correspond to the international level. In the future, the Russian practice of protection is the preservation of unique territories with the comprehensive regeneration of historical and cultural monuments, traditional forms of management and nature management.

Russian cultural values will only become a full-fledged part of the world heritage when Russian society realizes the need to preserve its national heritage and an effective protection legislation is created in the country.

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