«Культурні цінності»: поняття та застосування відповідного терміна в законодавстві

Abstract

The article examines the concept of «cultural values» and the use of the corresponding term in international legislation. The term «cultural values» is increasingly used in the research discourse, and at the same time is one of the categories of philosophy, culture, ethics, cultural studies, and, of course, law. At the same time, the term «cultural values» denotes a multifaceted concept, which covers a wide range of phenomena and objects of a spiritual and material nature. It was noted that in international legal documents the term «cultural values» occurs in two meanings. First, to denote tangible and intangible objects - objects, movable and immovable monuments, that is, elements of cultural heritage. The second value is a qualitative indicator of the importance, significance, value of the element of cultural heritage. The analysis of the texts of international documents shows that the terminology of legislation in the field of protection of cultural values has been developing for many years, gradually changing and clarifying. The author noticed that in the authentic texts of international acts, regulatory documents of foreign states and works of foreign researchers, in addition to the terms «cultural values», «cultural heritage», «cultural property», the following terms are also used: «cultural goods», «cultural resources», «cultural artifacts», «cultural items», «cultural products». This state of affairs is obviously related to the diversity of legal systems, different national approaches to the designation of the same legal phenomena and objects. It is obvious that the concepts of "cultural heritage" («cultural values») and «cultural property» reflect not so much different terminology, but different legal and social concepts. In general, today the terminology regarding the concepts of cultural values and cultural heritage is not unified. International documents are mostly based on the concept of «cultural values» given in the Convention of 1954. This is the broadest definition of the concept of "cultural values" as material objects. In some cases, the concepts of «cultural values» and «cultural heritage» are used interchangeably and are used as the same terms. It is concluded that when translating international documents, there are significant difficulties with the interpretation of terms. Obviously, the translation of such terms should be carried out in the context of the legal norms and legal systems of a particular state. Therefore, already at the stage of negotiations regarding the drafting of a bilingual international text, it is important for the authorized subjects to make sure that the different language versions not only convey the same content, but also take into account and express the relevant legal traditions.