TOPICAL ISSUES OF DELIMITATION OF ENCROACHMENTS ON OBJECTS OF CULTURAL HERITAGE AND OBJECTS PERPETUATING THE MEMORY OF PERSONS WHO DIED IN THE DEFENSE OF THE FATHERLAND

Abstract

The urgent task of the Russian Federation is to ensure the protection of objects of cultural heritage from criminal encroachments. The article studies law enforcement problems arising in the qualification of a criminal encroachment on objects of cultural heritage, namely, military burials, monuments, steles, obelisks, memorials and others perpetuating the memory of those who died in the defense of the Fatherland, or on the objects dedicated to the days of military glory of Russia; delimitation of encroachments on objects of cultural heritage and other equivalent objects. The purpose of the article is to establish the exact signs of the subject of criminal encroachment specified in Article 2434 of the Criminal Code of the Russian Federation in its diversity, acting as a crime-forming factor, as well as distinguishing it from related subjects, which are objects of cultural heritage. The importance of establishing the signs of the objective and subjective sides in relation to the specifics of the subject of the crime is emphasized. The research employs modern methods of cognition: general scientific (dialectical, system-structural, comparative legal), specific scientific (formal-legal, descriptive-analytical). The ways are proposed to delimit the studied corpus delicti of crimes (Articles 243, 2434, 244, 3541 of the Criminal Code of the Russian Federation).

Keywords

• object of criminal law protection
• public morality
• objects of cultural and historical heritage
• historical memory of the people
• corpus delicti
• crime-forming signs
• qualification of crimes