The international legal basis of the criminal law policy of the Russian Federation in the field of protection of historical and cultural heritage

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Abstract

In the article, through the study of relatively independent directions of international legal protection of historical and cultural heritage, the influence exerted by individual acts of the world and regional (European) level of action on the criminal law policy of the Russian Federation in the area under study is assessed. The author draws attention to certain miscalculations made by the domestic legislator in the process of criminalizing acts against historical and cultural heritage, which are due to an underestimation of international experience in the protection of material heritage, as well as the inertia of objectively demanded changes. Based on the current political realities, the further directions of the development of the criminal law policy of the state in the field of protection of historical and cultural heritage are determined.

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About the authors

Iskander A. Khalikov

University of the Prosecutors of the Russian Federation

Author for correspondence.
Email: iskanderh@mail.ru
ORCID iD: 0000-0002-1642-0283

Kazan Law Institute (Branch), PhD in Law, Professor of the Department of Prosecutorial Supervision Over the Execution of Laws in Operational Investigative Activities and Participation of the Prosecutor in Criminal Proceedings

Russian Federation, 420111, Kazan, Moskovskaya str., 41

References

  1. Alekseev A. I., Ovchinsky V. S., Pobegailo E. F. Russian criminal policy: overcoming the crisis. M., 2006. P. 12 (in Russ.).
  2. Burdin E. A. Protection of cultural heritage sites in the USSR (1917–1991): textbook. Ulyanovsk, 2013. P. 62 (in Russ.).
  3. Martynenko I. E. Special legal protection of monuments of the CIS countries included in the World Heritage List. URL: http: zakon.kz/208820-osobaja-pravovaja-zashhita-pamjatnirov (accessed: 21.12.2022) (in Russ.).
  4. Willems W. J.H. The work of making Malta: The Council of Europe’s archaeology and planning committee 1988– 1996 // European Journal of Archaeology. 2007. No. 10 (1). Pp. 57–71.

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