International legal standards in the field of protection of cultural heritage and their implementation in the national legislation of the states

Abstract

The aim of the study is to define international legal standards in the field of protection of cultural heritage and legal acts aimed at the implementation of relevant standards in the national legislation of the state. The methodological base of the research combines general scientific and special scientific concepts, theories and methods. Such methods of cognition as historical, comparative analysis, empirical generalization, modeling and abstraction, dialectical, systemic, complex, and others are used as the methodological base of the research. So, for the knowledge of the legal content of the concept “protection of cultural heritage” the dialectic method is used. The methods of modeling and abstraction are used in the process of studying the implementation of international legal standards for the protection of cultural heritage. Gnoseological methods of cognition are also widely used - induction, deduction, analysis and synthesis, which made it possible to solve the problem of studying the ontological and practically praxeological paradigm of cultural heritage in the modern context of constitutional and legal development. The scientific novelty of the research lies in the fact that the issue of the implementation of international legal acts in the field of protection and preservation of cultural heritage from the perspective of contemporary global challenges has been actualized for the first time. Сonclusions. As a result of the study, the following most important characteristics of international legal standards for the protection of cultural heritage and their implementation in the national legal system should be noted: providing citizens of the state with legal means of using the norms of international treaties on the protection of cultural heritage; mediation of the national implementation of international treaties by all types of legal activities of the state; the need for official publication implemented an international treaty on the protection of cultural heritage; the saturation of international treaties on the protection of cultural heritage with evaluative concepts, the high level of abstractness of their requirements; influence on the practice of implementing the norms of the studied international treaties of acts of international law enforcement agencies; the presence of international mechanisms that monitor the implementation of international obligations undertaken by states under treaties for the protection of cultural heritage.