International experience in the field of returning cultural property to its rightful owner
Автор: Arkhiptsev Ivan N., Sarychev Alexander V., Zhiteneva Natalia V.
Журнал: Legal Concept @legal-concept
Рубрика: Главная тема номера
Статья в выпуске: 4 т.21, 2022 года.
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Introduction: restitution in international law is a form of material compensation for damage as a result of an unlawful international act byrestoring the state that had existed before it was committed. It can be said that restitution is designed to restore lost rights, which means that it is a legal institution that promotes the protection ofhuman rights and freedoms. In this regard, it is necessary to name the purpose of the study, which is to analyze the current international legislation regulating the procedure and conditions for the return of lost cultural property to individuals. Methods: the research is based on such methods as logical, systematic, the formal legal methods, as well as the methods of analysis, synthesis and other methods of scientific cognition. Results: based on the research, it has been revealed that the development of the institution of restitution of cultural propertybyprivate individuals in the Russian Federation requires the adoption of effective measures both at the legislative level and at the level of international cooperation. Conclusions: the institution of cultural property restitution is a relatively young civil law phenomenon that requires close attention from the legislator. As a result of the research, the authors have comprehensivelyreviewed the international experience of returning cultural property to its rightful owners, as well as their grounds and subjects.
International experience, restitution, cultural property, rightful owners, private person
Короткий адрес: https://sciup.org/149141521
IDR: 149141521 | DOI: 10.15688/lc.jvolsu.2022.4.4