The concept and civil aspects of cultural activities in the Russian Federation

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Introduction: cultural activities are important in the lives of people at all stages of human development without exception. At present, culture as the basis of the activity under consideration is the subject of research in many humanities and other sciences. However, this activity also has private law properties that are in many cases identical to the system elements of civil law. The purpose of the publication is to identify these properties that affect the legal nature of cultural activities. Methods: the research is based on the system method, civilized techniques and the methods of interpretation, the methods of analysis and synthesis, and the comparative legal method. Results: the paper substantiates the author’s view of cultural activity as a system of actions of the civil turnover participants aimed at creating, transforming, preserving, distributing and applying cultural values in the sphere of spiritual and material needs of a person. The studied activity is characterized by the subject elements of the civil law branch, which are manifested in the legal nature of the participants, the dynamics of ownership of the cultural objects, the contractual regulation of “cultural” relations, and the means of protecting cultural rights. Conclusions: in the course of the research, the author identifies the qualifying features of the cultural activity, united by the dynamics of cultural values in the context of improving the spiritual and material needs of people. The essence of civil law aspects inherent in cultural activities at the present stage of civil turnover development is determined and argued. The systemic nature of the fundamental, subject, object, real-law, contractual, intellectual, protective and other private-law aspects allows us to qualify cultural activities as a process of exercising civil rights.

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Culture, cultural activities, civil law, civil law aspects, civil law system, civil rights implementation process

Короткий адрес: https://sciup.org/149130451

IDR: 149130451   |   DOI: 10.15688/lc.jvolsu.2020.4.14

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