Delimitation of vandalism from the crime of deterioration or destroyment of cultural heritage goods

Abstract

Despite the fact that vandalism has deep historical roots, with the development of civilization accompanied by the evolution of the urbanization process, this criminal act has become more widespread. This is due to the increasing share of transport infrastructure (the emergence of new public transport units, railways, etc.), cultural infrastructure and cults that include an impressive number of goods of historical, cultural or religious value; distancing the relations between the members of the social group; formalization of social relations and as a result the loss of informal social control over members of the community, etc. All these factors directly favor the commission of acts of vandalism, which affect the historical, cultural and religious values protected by the state. In the conditions of the existence of a rule of law, the fight against the crimes that threaten the public order acquires a special relevance. These circumstances were taken into account by the legislator in the process of elaborating the legal measures meant to counteract such criminal acts, measures that were reflected in the criminal legislation in force. The legal protection of patrimonial relations also implies the incrimination of the facts that harm the cultural heritage goods. In this sense, pursuing the purpose of heritage protection, the legislator incriminated the damage or destruction of cultural heritage assets in art. 1991 CP.