САНКЦИИ, ПРИМЕНЯЕМЫЕ ГОСУДАРСТВЕННЫМИ ОРГАНАМИ НЕКОТОРЫХ ЕВРОПЕЙСКИХ ГОСУДАРСТВ, ЗА ДОПУЩЕНИЕ НАРУШЕНИЙ В ОБЛАСТИ ОХРАНЫ НАЦИОНАЛЬНОГО КУЛЬТУРНОГО НАСЛЕДИЯ

Abstract

The current research is aimed at analyzing the modalities of the breaches application issued by the administrative authorities The current research is aimed at analyzing the modalities of the breaches application issued by the administrative authorities of several European states for the persons who intentionally or by imprudence deteriorate, desecrate or destroy the objects of national cultural heritage. In order to elucidate the sanctions applied by the Republic of Moldova, related to other states, were selected the normative frames of the Republic of Moldova, Romania, Germany, France, Ukraine and Poland.The analysis of the studied materials allowed us to elucidate that each country, according to the degree of appreciation of the value of its cultural heritage monuments, establishes what kind of measures must be taken to protect them as best they can, regardless of the nature or the criteria for classifying the heritage. The actions taken include a set of measures that are of scientific, legal, administrative, financial, fiscal and technical nature in order to ensure first and foremost the security, but also the integrity expressed through the procedures of maintenance, preparation, restoration and enhancement. Therefore, during the investigation, we were able to determine that the sanctions differ from state to state depending on the legal framework established, the value of the damaged good and degree of criminal act.Likewise, the study was aimed at the legal basic of some states to apply the administrative offence or criminal sanctions and investigated the ways of sanctioning the civil servants or the dignitaries with functions of responsibility for not executing the obligations to protect the elements of national cultural heritage or admit abuses leading to its destruction. In the same context, the actus reus of the guilty acts committed by the natural persons, the official persons and the legal ones was analyzed.The investigations carried out revealed the actions of some states that administer punishments to the individuals who create impediments to the bodies of protection of cultural monuments in the process of organizing the measures aimed at the liquidation of the imminent danger caused to the cultural monuments, not allow the access on the plot of land where monuments are situated, does not comply with the restrictions on the use of monuments and the territory, where they are located, etc. They were also mentioned the sanctions for the non-execution of the legal requirements of the officials of the protection of the national cultural heritage institutions or for the non-observance of the instructions of the control bodies regarding the violations found by them in the order of maintenance and use of cultural goods.Otherwise, we can allege that the scientific approach focused on studying the contraventional and criminal framework as well as other national specialized laws that provide the modalities of protecting the cultural heritage and sanctioning the people who do not respect them.The study conducted allowed us to observe that the national legislative provisions of the countries referred to in the research provide for penalties both contraventional and criminal, only that the components of the crime are approached differently. In this way we emphasize that, in general, the harshest punishments for the deterioration or destruction of the objects (monuments) of national cultural heritage are provided by the French criminal law and the German contraventional law. On the other hand, the most gentle punishments are provided by the Moldovan and Ukrainian normative framework.At the same time, several prejudicial facts in the field of safeguarding the national cultural heritage could not be subjected to comparative analysis, given that they exist on the normative basis of one state, but are missing in another. We note that, in the evaluation process, the cultural heritage cannot be estimated exactly at its fair value, and the damage brought about by destruction, deterioration or vandalization is even harder to estimate. In the context of the last aspect, we conclude that, the prejudices caused to the state as a result of the destruction of cultural heritage objects, as a rule, are much more serious than the size of some penalties provided for in the laws of the countries investigated, but some penalties introduced in the normative acts do not correspond to the social-dangerous damages caused to the society.