Culture is an essential element in any state system. That is why it should be regulated by law. There is a law “Fundamentals of the legislation of the Russian Federation on culture”, adopted back in 1992. It is this normative act that will be considered in the article.
Objectives of the Law
The first article of the Federal Law "Fundamentals of the Legislation of the Russian Federation on Culture" speaks of the priority tasks set by the creators of the normative act. Here are some highlights:
- formation of legal guarantees for the implementation of professional cultural activities on a free basis;
- association of peoples, ethnic groups and citizens for the cultivation and popularization of culture;
- protection and enforcement of the constitutional right of citizens of the Russian Federation to cultural activities;
- determination of basic principles and legal norms in the field of culture;
- timely financing of various cultural organizations;
- determination of the principles of cultural policy;
- support and legislative consolidation of the principle of state non-interference in creativity;
- lack of censorship.
What areas are regulated by the normative act? It is worth noting work with cultural monuments, with literature and cinema, television and science, museum work, folk crafts and many other phenomena.
The following should be told what is generally understood as cultural and creative activity in the foundations of the legislation of the Russian Federation on culture.
What is the law talking about?
Cultural activity, according to the law, is a set of functions for the preservation, formation, popularization and dissemination of various cultural values. Cultural values are usually called ideals of a moral or aesthetic nature.
Cultural values often form cultural goods - various kinds of services and conditions that are provided by organizations or ordinary people to meet the needs of citizens. Cultural values and benefits make up the Russian cultural heritage and heritage. But for the operation of such a system, a high-quality state policy is necessary, by which the law refers to a set of different norms and principles for the activity on the formation, preservation, popularization and dissemination of culture. It is the activity of the state that regulates the law "Fundamentals of the legislation of the Russian Federation on culture".
Cultural human rights
Sections II and III of Law No. 3612-1 speak of human rights, as well as of various peoples and ethnic groups in the cultural sphere of the Russian Federation. Thus, article 8 enshrines the most important principle of the inalienability of the rights of every person to cultural activities. In subsequent articles, priority is given to human rights over the rights of the state, various groups and organizations. The law "Fundamentals of the legislation of the Russian Federation on culture" secures rights and freedoms for the following activities:
- on creativity and the manifestation of personal cultural identity;
to familiarize with cultural values; - on upbringing and education through the prism of artistry and aesthetics;
- on the sale of property in the field of culture;
- on the creation of organizations, enterprises, public associations or institutions in the cultural fields;
- to export the results of cultural activities abroad, etc.
Thus, the principle of state protectionism in the cultural sphere is enshrined in the law. Any professional activity of a person in the field of culture should cultivate a national treasure.
About State Responsibilities
Section VI of the Law "Fundamentals of the Legislation of the Russian Federation on Culture" indicates the main responsibilities of state bodies in this area. Here are some highlights:
- the formation of special state programs for the preservation and development of Russian culture;
- ensuring accessibility for citizens of cultural activities, values and various kinds of benefits;
- creation of conditions for self-realization of talents among citizens;
- timely financing of cultural and creative organizations;
- maintaining accurate and quality statistics in the field of culture;
- conducting an independent assessment of the quality of services by cultural organizations controlled by the state;
- ensuring information transparency by cultural organizations.
A separate place in government responsibilities is economic regulation. It is about him that will be described later.
About economic regulation
Article 41 of the Law "Fundamentals of the Legislation of the Russian Federation on Culture" of 1992 refers to the formation and liquidation of cultural institutions. According to the regulatory act, the founders can be only regions of the Russian Federation or the Russian Federation itself as a single state. Legal and physical type persons are also highlighted here. Moreover, the decision-making on financing, liquidation or reorganization of archives, libraries, museum funds and other organizations is made only by the state in the person of executive bodies.
Article 44 of the law sets forth the principle of the privatization of culture. It is necessary both for timely financing of cultural objects, and for their high-quality preservation.
Changes in the law
For more than 20 years, the normative act under consideration has undergone considerable changes. The Law "Fundamentals of the Legislation of the Russian Federation on Culture" (2015 as amended) was periodically supplemented and amended. So, the law was supplemented by section IX, which enshrined the principle of close cooperation with foreign countries. This is necessary mainly for the popularization of Russian culture at the global level.
It is also worth highlighting minor changes regarding the legislative consolidation of powers of various state bodies, including local authorities. Some of the articles have lost their force, especially those that refer to a meeting of bodies that still do not exist (like the council of people's deputies, etc.).