To the question of the legal category of «cultural values» in the context of criminal liability for encroachment on them in the conditions of armed conflict
Year: 2025
Type: article
Abstract: The author in his work examines the problems of legal support for cultural values, emphasizing the need for a comprehensive approach to their protection. Particular attention is paid not only to criminal legal mechanisms, but also to the importance of a clear definition of the concept of «cultural values», the formation of a single list of such objects and their proper accounting. The author notes that the lack of a unified definition in the legislation complicates their legal protection, creates gaps in law enforcement and can have negative consequences for preserving cultural heritage, especially in times of crisis or armed conflicts. The work analyzes different definitions of cultural values, including concepts such as «cultural heritage», «cultural object», «cultural property», etc., used in normative acts. The components of «cultural values» and their legal nature, in particular their status as objects of criminal law, are investigated. The procedure for keeping such objects, regulatory requirements and the real practice of their implementation in the pre-war period and in war conditions are considered separately. The problems of legal regulation are determined and it is emphasized that approaches in regulations remain incomplete. Particular attention is paid to increased criminal responsibility for encroaching on cultural values. The possibility of allocation of relevant crimes into a separate section of the Criminal Code of Ukraine is considered. An additional criminalization of actions against cultural heritage, especially in the context of armed conflict, is proposed, because of the systemic destruction of cultural objects during the war. The work emphasizes that without proper organization of accounting, protection and control of cultural objects, criminalization of such crimes may remain declarative and not ensure the real and effective protection of cultural heritage as an important element of national identity and historical memory. Thus, the work is aimed at developing a comprehensive approach to the protection of cultural values, which includes improving the legislative framework, creating effective accounting and control mechanisms, as well as the introduction of effective sanctions for illegal actions on cultural heritage.
Author: A. Holub
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408943779