Countering illegal archaeological activity in the Russian Federation. Issues of legal regulation
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In the monograph, taking into account the latest changes in the legislation, the norms of administrative-dilapetous and criminal legislation are investigated, providing for administrative and criminal liability for the implementation of illegal archaeological activity in the Russian Federation. According to the author, the judicial practice in Russia in Russia on administrative offenses provided for in Art. 7.15, 7.15.1 Administrative Code of the Russian Federation, and criminal cases of a crime under Art. 243.2 of the Criminal Code of the Russian Federation, raises many questions, which requires further improvement of Russian legislation in the field of protection of cultural heritage objects.
The author offers a number of innovations that could be taken into account when developing a law on archaeological heritage and improving the relevant protective norms. Particular attention is paid to the analysis of the norm-decordations that reveal the content of the basic concepts: "object of archaeological heritage", "archaeological objects", "cultural layer". The need to refuse the "floating" age criterion (at least a hundred years), enshrined in the Federal Law on objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, is substantiated. Instead of an age -related criterion, it is proposed to introduce the concept of the "archaeological era". The content of concepts is also revealed: "illegal search and seizure of archaeological objects from the archaeological cultural layer", "archaeological cultural layer", "damage to the archaeological cultural layer", "destruction of the archaeological cultural layer".
Designed for scientists and practitioners, law enforcement officers, state authorities and local self -government, teachers, graduate students and students of law universities and faculties, historians, as well as everyone who is interested in the legal protection of archaeological heritage objects
The author offers a number of innovations that could be taken into account when developing a law on archaeological heritage and improving the relevant protective norms. Particular attention is paid to the analysis of the norm-decordations that reveal the content of the basic concepts: "object of archaeological heritage", "archaeological objects", "cultural layer". The need to refuse the "floating" age criterion (at least a hundred years), enshrined in the Federal Law on objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, is substantiated. Instead of an age -related criterion, it is proposed to introduce the concept of the "archaeological era". The content of concepts is also revealed: "illegal search and seizure of archaeological objects from the archaeological cultural layer", "archaeological cultural layer", "damage to the archaeological cultural layer", "destruction of the archaeological cultural layer".
Designed for scientists and practitioners, law enforcement officers, state authorities and local self -government, teachers, graduate students and students of law universities and faculties, historians, as well as everyone who is interested in the legal protection of archaeological heritage objects
Author:
Author:Панфилов Анатолий Николаевич
Cover:
Cover:Soft
Category:
- Category:Law & Legal
- Category:Politics & Social Science
- Category:Reference books
ISBN:
ISBN:978-5-16-017881-3
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