Противодействие незаконной археологической деятельности в Российской Федерации: вопросы правового регулирования и правоприменения.

Abstract

Taking into account the latest changes in legislation, the monograph examines the norms of administrative-tort and criminal legislation providing for administrative and criminal liability for illegal archaeological activities in the Russian Federation. According to the author, the emerging judicial practice in Russia in cases of administrative offenses provided for in Articles 7.15, 7.15.1 of the Administrative Code of the Russian Federation, and criminal cases of a crime provided for in Article 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 suggests a number of innovations that could be taken into account when developing a law on archaeological heritage sites and on improving the relevant protective norms. Special attention is paid to the analysis of norms-definitions that reveal the content of the basic concepts: "archaeological heritage object", "archaeological objects", "cultural layer". The necessity of abandoning the "floating" age criterion (at least one hundred years old), fixed in the Federal Law "On Objects of Cultural Heritage (historical and cultural monuments) of the peoples of the Russian Federation", is substantiated. Instead of the age criterion, it is proposed to introduce the concept of "archaeological epoch" into legal circulation. The content of the 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". It is intended for scientists and practitioners, law enforcement officials, public authorities and local self-government, teachers, graduate students and students of law schools and faculties, historians, as well as anyone interested in the legal protection of archaeological heritage sites.