Розвиток понятійно-термінологічного апарату правової охорони культурної спадщини в Україні

Abstract

The purpose of the article is to analyze the formation and development of the conceptual and terminological apparatus of legal cultural heritage protection in Ukraine.In order to achieve it, the following tasks are being analyzed: to analyze the evolution of legal cultural heritage in Ukraine; To find out the nature and essence of notions «attraction», «cultural heritage», «cultural values» etc... The basis of the used methodology was dialectical and logic-legal, systemic, historical-legal, comparative-legal and other methods. Also to establish the content of the investigated categories, forming the conceptual and category apparatus, the author used the gnoseological, anthropological methods, methods of modeling and forecasting etc. The scientific novelty of the article is to analyze the development of the conceptual and terminological apparatus in the legal doctrine, as well as in detecting the specifics of the use of terms and concepts of legal cultural heritage protection in the legislation of Ukraine.Conclusions. Legal cultural heritage protection in Ukraine was developing for a long time, this fact influenced the formation and development of its conceptual and terminological apparatus. During the Ukrainian Revolution of 1917–1921 the concepts of «monuments» and «cultural heritage» were used already, although these concepts were not defined in legislation. With the adoption of the «Regulations on Culture and NatureMonuments» of June 16, 1926, «monuments of culture» was introduced as a basic concept in the Soviet legislation, but its definition was not given in the Regulations. After a lengthy terminological discussion of the second half of the 1970s – the first half of the 1980s, to which V. I. Akulenko, S. I. Kot and other scientists actively joined, the concept of «monument» in Ukraine was replaced by «memorial», and the definition of «history and culture memorials» was given in the Law of the USSR «On Protection and Use of History and Culture Memorials» of July 13, 1978. In independent Ukraine the first special legislative act on cultural issues was «The basics of the legislation of Ukraine on culture», adopted on February 14, 1992, which, by the Soviet tradition, used the concepts of «history and culture memorials» and «cultural values». The Law of Ukraine «On the Protection of Cultural Heritage», adopted on June 8, 2000, defined as the basic concepts «cultural heritage» and «cultural heritage memorial». The specificity of Ukrainian legislation is the use of the term «memorial» to marking only fixed objects, but in many foreign countries this concept also covers moving objects. Today the most of Ukrainian professionals – memorial-protectors use the terms and concepts defined in current legislation. At the same time, the legal doctrine continues to discuss the advisability of improving the concept «memorial» and other basic terms and concepts, in particular «cultural heritage» and «cultural values», and their unification, including in international law. Keywords: law; legislation; categories; concepts; cultural heritage; cultural values.