Legislation in the field of culture: concept and meaning. Development of culture in modern Russia
Federal legislation on culture, guided by the Constitution of the Russian Federation as the fundamental law of the country, as well as other federal treaties and norms of international law, proclaims the following basic principles:
- The fundamental role of culture in the development and realization of the personality, the education of humanity in a person, as well as the preservation of the identity of the peoples of Russia;
- Close connection between the processes of creation and preservation of cultural values and progress in the socio-economic, democratic spheres, the consolidation of the population and the strengthening of state sovereignty;
- Focus on interethnic cooperation in the field of culture and the integration of Russian culture into the world.
What is a law?
The legal basis for the preservation and development of mass culture, creativity and art in Russia is document N 3612-1 called "Fundamentals of the legislation of the Russian Federation on culture", approved by the Supreme Court of the Russian Federation in October 1992.
The document is composed of ten sections, including 62 articles. Briefly, the structure of the law is as follows:
- General provisions: goals, objectives, terminology, relevant legislation, scope, sovereignty of the Russian Federation in the field of culture, equality of the status of cultures of various peoples of Russia, their rights and obligations in this area, the obligation to include cultural areas in federal programs and plans;
- Inalienable rights and freedoms a person for creativity, originality, familiarization with values, aesthetic education and art education, the creation of various creative organizations and associations, the freedom to export their own works abroad, conducting cultural activities in other countries, etc .;
- Rights and freedoms of peoples and ethnic communities for the preservation and development of national identity, cultural and national independence; state protection of cultures of small ethnic groups, creative and cultural organizations of the Russian diaspora abroad, as well as foreign ones in Russia;
- Cultural heritage: property of the peoples of Russia, all-Russian library, archival, museum and other funds;
- Creative worker status: the state and workers, the state and creative organizations;
- Responsibilities of the state: state programs for the preservation and development of culture in the Russian Federation, ensuring the availability of cultural activities and values for the population, granting freedom and independence to the subjects of cultural activities, creating prerequisites for the realization of talents, ensuring priority positions for nat. cultures of the Russian Federation, maintaining profile statistics, independent assessment of the quality of the conditions for the provision of services, information openness;
- Membership Powers: federal and regional state bodies. authorities, as well as local governments; annual state report on the achievements and state of Russian culture;
- Economic regulation: creation and liquidation of creative organizations, management features, sources of funding, income from activities, pricing, cooperation with organizations from other fields of activity, social support for cultural workers;
- International cultural exchange: subjects of exchange, policy and priorities, cooperation with fellow citizens living abroad, Russian cultural and historical values abroad, foreign centers of Russian culture;
- Responsibility for violating relevant laws.
It is also useful to familiarize yourself with the latest amendments to Federal Law No. 161. More
The first article of the law states that main tasks relevant legislation are:
- Protection and implementation of the constitutional right of the population of Russia to cultural activities;
- Ensuring the freedom of activity of associations, ethnic communities and nationalities of the Russian Federation in the field of creativity and arts;
- Designation of the principles of planning the core federal policy, the provision of state. support; the principle of ensuring non-interference in creative activity.
The provisions of the law cover the following areas:
- Monuments of history and culture— their definition, study, protection, restoration and use;
- Genres of art, such as: thin. literature, music, cinema and photography, theatrical and choreographic art, architecture, design, etc.;
- folk culture in all its manifestations: trades and crafts, languages, dialects, folklore, traditions and rituals;
- Creative amateur performance;
- Collecting and exhibiting;
- Publishing of books and printed matter, their distribution, use, archival and librarianship;
- Television and radio broadcasting in the context of the creation and dissemination of cultural values;
- Education in the field of arts;
- The study of culture from the point of view of various sciences;
- International exchanges(knowledge, works, etc.);
- Creation of material and technical base and other activities contributing to the preservation, creation and promotion of cultural values.
Read also Federal Law No. 161 in the latest edition
Latest amendments
The law on culture in the latest edition is dated December 5, 2017. Then, with the release of the law FZ-392 on amendments to certain acts of the Russian Federation on issues improving the independent assessment of the quality of the conditions for the provision of services, Articles 36.1 and 36.2 have been amended.
Most of the changes in the law concerned the same type of wording. The phrases in which the word “quality” was present were supplemented after it with the word “conditions” (for example, quality conditions provision of services).
Separate provisions of the articles of the law were set out in a new edition.
Part 2 Art. 36.1 states that an independent assessment of the quality of the conditions for the provision of services is carried out on the basis of the following criteria:
- Openness and accessibility of information about ongoing events;
- Comfort;
- Friendly and polite attitude of employees of organizations;
- Satisfaction of the audience with the quality of services provided;
- Accessibility of services for people with physical disabilities.
According to part 6 of article 36.1, public chambers of the Russian Federation, constituent entities of Russia and municipalities in the event of an appeal by the executive authority authorized in the field of development and implementation of state. policy and legal regulation in the field of culture, within no more than one month should form a public council to conduct an independent assessment of the quality of the conditions for the provision of services by cultural organizations. The council includes representatives of public organizations authorized in the field of protecting the rights and interests of citizens, as well as members of associations of the disabled. Such an audit can be carried out in relation to state organizations or organizations financed from the budget.
IN part 7 of the same article states that the aforementioned council is formed for a three-year term of not less than five members. When a new composition is appointed, at least 1/3 of the members of the council is replaced. The Council operates on a voluntary basis. Representatives of executive authorities, local self-government, public creative associations, heads and employees of organizations providing services in the cultural sphere cannot be members of an independent assessment council. However, they may be engaged as consultants. Information on the course and results of the council's activities should be published on the official website of the body under which it was created.
Article 36.1 was supplemented by parts 17 and 18, which state that the heads of state and municipal cultural institutions, in accordance with the labor legislation of Russia, should be held liable for failure to comply with instructions to eliminate deficiencies identified as a result of an independent assessment.
Information about the performance of the manager, including the results of an independent assessment and the implementation of the plan to eliminate deficiencies, is included in the employment contract. These results are also taken into account when assessing the effectiveness of the activities of heads of executive bodies, self-government bodies and officials.
Download the text of the law on culture of the Russian Federation
Section 8 of the law we have reviewed states that creative activity is recognized as an inalienable right of all Russians, regardless of racial and ethnic origin, gender, social and financial status, language, views on politics and religion, education, profession and other factors.
To learn more about the procedure for exercising such a right, as well as the regulatory framework in the field of preservation and development of art and creativity, we offer (approved by the Supreme Court of the Russian Federation of 09.10.1992 N 3612-1) in the current edition.
List of federal cultural laws
The law considered in this article is basic, but far from being the only one in this area. The creative sphere is directly or indirectly regulated by dozens of laws and regulations. Below are the names and links to download the main such documents.
- which, in Article 44, proclaims the freedom of creativity and teaching, the right to participate in the cultural life of society, the use of cultural institutions and access to cultural property;
- "On approval of the Fundamentals of State Cultural Policy", determining the most important directions of state policy in this area. It is positioned as a basic document that serves to write and improve other legal acts that regulate the development of Russia in this direction;
- dated February 29, 2016 on the approval of the State Cultural Policy Strategy (SCP) for the period up to 2030. Based on this document, relevant regional strategic plans are being developed.
Topic 17. Targeted programs in the field of culture
1. The concept and meaning of the sphere of culture
2. Purpose and objectives of the state policy in the field of culture
3. Municipal sphere of culture
4. Problems of the sphere of culture and features of the application of the program-target approach in their solution
5. Formation of a list of activities of targeted programs in the field of culture
Chapter I of the draft federal law "On Culture in the Russian Federation" defines the basic concept of "Culture" as a set of distinctive features, values, traditions and beliefs inherent in a society or social group, which are expressed in lifestyle and art;
The concept of "leisure" is interpreted as "free time". The system of preferences and the value orientation of leisure characterize the level of a person's culture, have a direct impact on his professional activity, and, as a result, on the economic stability of society.
The key concept of modern society, which most accurately characterizes its cultural and spiritual component, is today "Cultural environment". "Cultural environment" is, firstly, the result of the totality of the cultural activities of society - past and present (including the infrastructure of cultural organizations, works of art, etc.); secondly, it is an institution for introducing citizens to the moral values stored by it; thirdly, it is an area of creative realization of the spiritual potential of Russian citizens, including the younger generation. In this regard, the formation and development of the cultural environment is becoming the most important condition for improving the quality of life in the Russian Federation.
Sphere of culture- a set of enterprises, institutions and non-profit organizations that, in accordance with the official classification, belong to various sectors of the national economy that produce material works of culture and art, intangible services.
Cultural activities (activities in the field of culture) - activities for the creation, dissemination, preservation, development and popularization of cultural values and the provision of cultural benefits. The types of activities in the field of culture in the Russian Federation are: 1) professional and non-professional (amateur) creativity, including fiction, stage, plastic, musical, visual arts, photography, other types and genres of art; 2) creation and distribution of audiovisual products (cinema, television, etc.); 3) publishing activity; 4) cultural and leisure activities; 5) aesthetic education of citizens; 6) education, pedagogical activity; 7) research activities; 8) preservation, use, popularization and state protection of the cultural heritage of the Russian Federation; 9) museum activities; 10) library activities; 11) archiving in the Russian Federation; 12) activities for the manufacture and restoration of artistic and decorative products; 13) activities in the field of arts and crafts, design, architecture; 14) activities for the organization and development of cultural tourism; 15) information activities aimed at popularizing the sphere of culture and other types of cultural activities.
The subjects of cultural activity are citizens of the Russian Federation, foreign citizens and stateless persons carrying out cultural activities on the territory of the Russian Federation, the state represented by state authorities and local self-government bodies, cultural organizations, ethnic communities, national-cultural autonomies, cultural communities and public associations, creative workers, creative unions, as well as other entities carrying out cultural activities.
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Brrr is a question.
The concept of legislation in the field of culture
The legislation of the Russian Federation on culture consists of the Fundamentals of the legislation of the Russian Federation on culture, the laws of the Russian Federation and the laws of the constituent entities of the Russian Federation on culture.
In the cases provided for by these Fundamentals and other legislative acts of the Russian Federation on culture, regulatory legal acts of the Russian Federation in the field of culture are issued.
Basic concepts of the "Fundamentals of the Legislation of the Russian Federation on Culture"
Cultural activities - activities for the preservation, creation, dissemination and development of cultural values.
Cultural values - moral and aesthetic ideals, norms and patterns of behavior, languages, dialects and dialects, national traditions and customs, historical toponyms, folklore, arts and crafts, works of culture and art, results and methods of scientific research of cultural activities that have historical cultural significance of buildings, structures, objects and technologies, historically and culturally unique territories and objects.
Cultural goods are the conditions and services provided by organizations, other legal entities and individuals to satisfy citizens of their cultural needs.
Creative activity is the creation of cultural values and their interpretation.
A creative worker is an individual who creates or interprets cultural values, considers his own creative activity an integral part of his life, is recognized or requires recognition as a creative worker, whether or not he is bound by labor agreements and whether or not he is a member of any association. artists (artists include persons classified as such by the Universal Copyright Convention, the Berne Convention for the Protection of Works of Literature and Art, the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organs).
The dignity of the cultures of peoples and national groups is the recognition of their value and the manifestation of respect for them.
Cultural heritage of the peoples of the Russian Federation - material and spiritual values created in the past, as well as monuments and historical and cultural territories and objects significant for the preservation and development of the identity of the Russian Federation and all its peoples, their contribution to world civilization.
Cultural heritage of the peoples of the Russian Federation - a set of cultural values, as well as organizations, institutions, cultural enterprises that have a national (all-Russian) significance and therefore belong undividedly to the Russian Federation and its constituent entities without the right to transfer them to other states and unions of states with the participation of the Russian Federation .
Cultural aspects of development programs - prospects for socio-economic, scientific, technical and other development programs in terms of the impact of the results of their implementation on the preservation and development of culture, as well as the influence of culture itself on these results.
State cultural policy (state policy in the field of cultural development) - a set of principles and norms that guide the state in its activities to preserve, develop and disseminate culture, as well as the state's activities in the field of culture.
The Importance of Legislation in the Sphere of Culture
State cultural policy is the implementation of the harmonization of the interests of the artist, the public, society and the state. The basis of such coordination, which guarantees the consolidation of the rights and obligations of the parties, are legislative acts in the field of culture and art: laws, decrees, resolutions and other documents having the force of law.
Decree of the President of December 24, 2014 No. 808 “On Approval of the Fundamentals of the State Cultural Policy” is a document that marked the beginning of a new historical stage in the domestic policy of our state, when culture is elevated to the rank of its priorities. Culture is recognized as the basis of economic prosperity and state sovereignty, and the state cultural policy is included as an integral part of the national security strategy.
Such a statement of the question returns the cultural policy of our state to its traditional course and points to the ongoing historical turn in the assessment of culture, in its very interpretation in the context of state building, especially in comparison with the previous period - from the collapse of the USSR in 1991 to the adoption of this law in 2014
The period of formation of the post-Soviet state was difficult for all spheres of society, while socially significant areas - education, health and culture - were in a particularly critical state. Certain positive shifts in the economy emerged in the 2000s. In 2008, the Concept for the Long-Term Development of the Russian Federation (Concept-2020) was adopted, which proclaimed the country's transition to an innovative, socially oriented development path. The Concept refers to the importance of human development, with the main emphasis on science and education. The program of anti-crisis measures of the Government of the Russian Federation, adopted after the Conception-2020, does not contain a section on anti-crisis measures in the field of culture. The problem of the budget deficit regularly turned into a reduction in spending on culture and the arts.
The attitude towards the sphere of culture was clearly expressed in the fact that the activities of cultural and art organizations were classified as services. As a result, a simply anecdotal situation arose: in the All-Russian Classification of Economic Activities (OKVED), “services” of cultural institutions fell into the section “Provision of other communal, social and personal services”.
The sphere of culture was perceived as unprofitable for the state budget and burdensome for the state.
The new legislative act overcomes these trends that are dangerous for society and the state, frees culture from the Procrustean bed of utilitarian market categories and points to its true role: "Russia is a country of great culture, a huge cultural heritage, centuries-old cultural traditions and inexhaustible creative potential."
The future of the country is closely linked in the document with the future of its culture: “The current stage of Russia's development requires the maximum involvement of the potential of culture in the processes of social progress. The culture of Russia is as much her property as her natural wealth. In the modern world, culture is becoming a significant resource for socio-economic development, which allows us to ensure the leading position of our country in the world.”
In this regard, for our country, the need to strengthen statehood and national security, the unity of the whole people, the awareness of our own civilizational identity and dignity has increased tremendously. All these ideas are reflected in the Decree of the President "On approval of the Fundamentals of the State Cultural Policy". Culture in its fundamental sense underlies the self-identification of the people, i.e. in identifying oneself as a citizen with the history of the country, with its heroic military and labor exploits, moral and spiritual ideals. The "Fundamentals" points to the value-forming influence of Orthodoxy, the Russian language and Russian culture on the tradition of friendly interethnic relations in our multinational state. The path to a higher quality of society is seen through “the formation of a moral, responsible, independent-thinking, creative personality”, the upbringing of patriotism, through the transfer to new generations of “a set of moral, ethical and aesthetic values \u200b\u200bthat form the core of national identity”.
IN Decree of the President "On approval of the Fundamentals of State Cultural Policy" outlines the goals and principles of the state cultural policy, as well as its tasks in the following areas:
- cultural heritage of the peoples of the Russian Federation;
- the implementation of all types of cultural activities and the development of related industries;
- humanitarian sciences;
- Russian language, languages of the peoples of the Russian Federation, domestic literature;
- expansion and support of international cultural and humanitarian ties;
- upbringing;
- education;
- children's and youth movement;
- formation of an information environment favorable for the formation of personality.
To achieve the set goals and objectives, the Decree provides for a comprehensive improvement of the management system, the creation of new structures (institutions). One of the main new formations will be the coordinating body, which will be entrusted with the organizational, analytical and information support for the development and implementation of the state cultural policy. Resource support for the development and implementation of the state cultural policy will be entrusted to the Russian Fund for Cultural Development.
Important to remember!
It is difficult to overestimate the presence of a legislative basis in the management of the sphere of culture, especially in transitional moments in the history of the state.
A huge role in the preservation of the country's cultural heritage was once played by the decision of the Supreme Council of the RSFSR dated December 25, 1990 No. 447-1 "On urgent measures to preserve the national cultural and natural heritage of the peoples of the RSFSR" (on a ban on the privatization of valuables stored in state museums, archives and libraries, as well as on their irrevocable export abroad) and the Decree of the Presidium of the Supreme Council of the RSFSR dated April 19, 1991 No. benefits for creative unions).
In 1992, a key document was adopted in the legislative base of the sphere of culture - "The Fundamentals of the Legislation of the Russian Federation on Culture". For the first time, it enshrined in an expanded form the rights and freedoms of a person, peoples and ethnic communities in the field of culture, established the duties of the state in the field of culture, divided competences between federal state authorities, state authorities of the constituent entities of the Russian Federation and local governments, determined the principles of state financing and regulation of economic activity in the field of culture, established the principles of participation in international cultural exchanges.
IN Law of the Russian Federation of July 9, 1992 No. 3612-1 "Fundamentals of the legislation of the Russian Federation on culture"(hereinafter - Law No. 3612-1) the rights and freedoms of citizens, peoples and other ethnic communities of the Russian Federation in the field of culture are clearly defined (sections II, III): citizens of the country have the right to cultural activities, creativity, personal cultural identity, the right to familiarization with cultural values, humanitarian and art education. The state guarantees citizens the right to property in the field of culture, the right to create organizations, institutions, enterprises, public associations in the field of culture, to export the results of their creative activity abroad, to cultural activities in foreign countries. Foreign citizens and stateless persons are equalized with citizens of the Russian Federation in their rights in the field of culture.
The peoples and other ethnic communities of the Russian Federation are guaranteed the right to preserve and develop their cultural and national identity, the right to cultural and national autonomy. The state guarantees its protectionism (patronage) in relation to the cultures of small ethnic communities, moral, organizational and material support to cultural and national organizations of compatriots outside the Russian Federation.
The state, represented by the Government of the Russian Federation, establishes in the Law its obligations to preserve the cultural heritage of the peoples of the Russian Federation, including the all-Russian library, museum, archival, film, photo and other funds (Section IV).
The law regulates relations between the state and artists (Section V), guaranteeing artists freedom, moral, economic and social rights, facilitating the creation of creative unions and other organizations of artists, giving them the opportunity to participate in the development of cultural policy. The law guarantees non-interference of the state in the activities of these organizations, unless otherwise provided by the legislation of the Russian Federation.
The law establishes the obligations of the state in the field of culture (section VI), which include the development and resource support of federal state programs for the preservation and development of culture, ensuring accessibility for citizens of cultural activities, cultural values and benefits, ensuring the freedom and independence of all subjects of cultural activity, overcoming monopoly in the field of culture, creating conditions for the self-realization of talents, especially in relation to creative youth, providing priority conditions for the national cultures of the Russian Federation, maintaining culture statistics, ensuring an independent assessment of the quality of services and information openness of cultural organizations.
In sec. VII "Fundamentals of the Legislation of the Russian Federation on Culture" delineates powers in the field of cultural management between three levels of state power: federal bodies, authorities of the constituent entities of the Russian Federation and local governments.
Economic regulation in the field of culture (section VIII) is carried out by the state with the help of the constituent functions of state authorities. At the same time, the Law grants the right of founding both to state authorities (the Government of the Russian Federation, constituent entities of the Russian Federation, municipalities), as well as legal entities and individuals. Features of managing a cultural organization should be set out in the charter of a cultural organization.
The law denies the possibility of privatization in relation to the cultural heritage of the peoples of the Russian Federation, including cultural property stored in the funds of state and municipal museums, archives and libraries, in art galleries, at enterprises of the art industry and traditional folk crafts, as well as in relation to premises and buildings where they are located.
Regarding the financing of cultural organizations, it is said that the organization covers its expenses at the expense of the founder (founders), income from its own activities and other income and receipts permitted by the legislation of the Russian Federation.
This section also reflects such issues as the income-generating activities of state and municipal cultural organizations, foreign economic activity in the field of culture, prices and pricing in the field of culture, the relationship of cultural organizations with organizations of other fields of activity, social support for cultural workers.
Section IX is devoted to the issues of cultural exchanges between the Russian Federation and foreign countries.
Section X deals with liability for violations of cultural law.
Important to remember!
"Fundamentals of the Legislation of the Russian Federation on Culture" became an incentive for intensive rule-making activities in the field of culture.
The law has been revised many times, the latest revision was carried out in accordance with the Federal Law of July 21, 2014 No. 256-FZ “On Amendments to the Legislative Acts of the Russian Federation on the Issues of Independent Assessment of the Quality of Services Provided by Organizations in the Field of Culture, Social Services, Health Protection and Education ".
Among other important laws in the field of culture and art, the following should be mentioned:
- Law of the Russian Federation No. 4804-1 dated April 15, 1993 “On the export and import of cultural property”;
- Law of the Russian Federation of July 9, 1993 No. 5351-1 “On Copyright and Related Rights”;
- Federal Law No. 78-FZ of December 29, 1994 “On Librarianship” (hereinafter referred to as the Law “On Librarianship”);
- Federal Law No. 54-FZ of May 26, 1996 “On the Museum Fund of the Russian Federation and Museums in the Russian Federation”;
- Decree of the President of the Russian Federation of July 1, 1996 No. 1010 "On measures to strengthen state support for culture and art in the Russian Federation";
- Federal Law No. 126-FZ of August 22, 1996 “On State Support for Cinematography in the Russian Federation”;
- Federal Law of January 6, 1999 No. 7-FZ “On Folk Artistic Crafts”; Decree of the Government of the Russian Federation of March 25, 1999 No. 329 “On state support for theatrical art in the Russian Federation”;
- Federal Law of the Russian Federation of June 25, 2002 No. 73-F3 “On Cultural Heritage Objects”.
In addition to special laws in the field of culture and art, legislative activity in this area is based on fundamental Russian laws, such as the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Budget Code of the Russian Federation, the Labor Code of the Russian Federation, the Tax Code of the Russian Federation, federal laws "On non-profit organizations" dated 12.01 .1996 No. 7-FZ, “On Autonomous Institutions” dated November 3, 2006 No. 174-FZ, “On Information, Informatization and Information Protection” dated February 20, 1995 No. 24-FZ, etc.
plays an important role in the legislative process Council under the President of the Russian Federation for Culture and Art, created by Decree of the President of the Russian Federation of 07/01/1996 No. 1010. This Council "is an advisory body under the President of the Russian Federation, created to inform the head of state about the state of affairs in the field of culture and art, to ensure its interaction with creative associations, organizations of culture and art, representatives creative intelligentsia, development of proposals to the President of the Russian Federation on topical issues of state policy in the field of culture and art.
The Regulation on the Council highlights its main tasks:
- “development of proposals to the President of the Russian Federation but the definition of priority areas of state policy in the field of culture and art and measures aimed at its implementation;
- systematic informing the President of the Russian Federation about the state of affairs in the field of culture and art in Russia and abroad;
- conducting, on behalf of the President of the Russian Federation, an examination of draft federal laws and other regulatory legal acts on issues of culture and art and preparing relevant proposals;
- consideration of issues related to the award of State Prizes of the Russian Federation in the field of literature and art, and preparation of relevant proposals to the President of the Russian Federation;
- development of proposals to the President of the Russian Federation on issues of interaction with creative associations, organizations of culture and art, representatives of the creative intelligentsia;
- discussion, at the suggestion of the President of the Russian Federation, of other issues related to the sphere of culture and art and of great national importance”.
The practice of parliamentary hearings is used in the preparation of laws. according to the Constitution of the Russian Federation (part 3, article 101), both chambers of the Federal Assembly (the highest legislative body) - the Federation Council and the State Duma - hold parliamentary hearings on issues within their jurisdiction.
Leading figures of culture and art, representing all regions of the country, representatives of ministries and departments of the sphere of culture take part in the parliamentary hearings. The results of the parliamentary hearings are formulated in recommendations, which, at the end of the hearings, are sent to all subjects of the Federation for local discussions. The received proposals are carefully analyzed and taken into account in the work on the law.
Thus, legislative activity in the field of culture is based on democratic principles and the will of the broadest public.
In contact with
culture art public administration
The right to participate in cultural life and use cultural institutions, as well as access to cultural values of every citizen of the Russian Federation is guaranteed by the Constitution of the Russian Federation (Article 44) .
The transformations carried out in Russian society could not but affect cultural life, which in the last decade has been affected by two opposite trends noted in the Federal Target Program "Culture of Russia (2001-2005)", approved by Decree of the Government of the Russian Federation of December 14, 2000 No. 955 :
1. The formation of the democratic foundations of the state led to the growth of the creative initiative of citizens, the emergence of theaters, museums, creative teams and associations. The freedoms obtained by cultural figures and organizations provided optimal conditions for its development. Accordingly, new types of consumers and customers of professional art have emerged, building their relationships with artists on market terms.
2. At the same time, the state consistently reduced its participation in the support of domestic culture, believing that the emerging market would solve the emerging problems. As a result, the influence of culture on Russian society, on the formation of positive attitudes and value orientations of citizens, began to decrease.
Culture at the present time, as many years ago, is one of the most important areas of activity of the Russian state, inextricably linked with the economic and socio-political life of society. From a legal point of view, in general, the legislative basis for the development of the cultural sphere in our country has already been formed.
The concept of culture includes many aspects of the spiritual sphere of people's lives. The most important areas of cultural activity are defined in the Fundamentals of the Legislation of the Russian Federation on Culture of October 9, 1992, including: identification, study, protection, restoration and use of historical and cultural monuments; fiction, cinematography, stage, plastic, musical art, architecture and design, photography, other genres and types of art; artistic folk arts and crafts, folk culture in its manifestations such as languages, dialects and accents, folklore, customs and rituals, historical toponyms; amateur (amateur) artistic creativity; museum business and collecting; book publishing and librarianship, as well as other cultural activities related to the creation of printed works, their distribution and use, archiving; television, radio and other audiovisual means in terms of the creation and dissemination of cultural values; aesthetic education, art education, pedagogical activity in this area; scientific research of culture; international cultural exchanges; production of materials, equipment and other means necessary for the preservation, creation, dissemination and development of cultural values; other activities, as a result of which cultural values are preserved, created, distributed and mastered.
From the point of view of the formation of an interstate position on the regulation of the cultural sphere, the following international legal acts are most important:
UNIDROIT Convention on Stolen or Illegally Exported Cultural Property (Rome, 24 June 1995), Convention on Cooperation in the Fields of Culture, Education, Science and Information in the Black Sea Region (Istanbul, 6 March 1993), European Convention on Film Co-Production (Strasbourg, 2 October 1992), European Convention on Transfrontier Television (Strasbourg, 5 May 1989), Convention for the Protection of the Architectural Heritage of Europe (Grenada, 3 October 1985), Convention for the Protection of the World Cultural and Natural Heritage (Paris, 16 November 1972 ), the European Convention for the Protection of the Archaeological Heritage (London, May 6, 1969), as well as many other international acts, most of which are aimed at protecting various cultural values, the formation of a single cultural space (world or European) in a particular area of cultural activity .
The internal legislation of the Russian Federation in the field of culture is divided into federal legislation (in turn, divided into legislative acts and by-laws) and the legislation of the constituent entities of the Russian Federation, which is also divided into legislative and by-laws. In addition, the structure of the domestic legislation of the country includes regulations adopted at the level of local government.
The legislation on culture establishes four levels of competence in this area:
The first level is the competence of the federal bodies of state power and administration in the field of culture, provided for in paragraph "e" of Art. 71 of the Constitution of the Russian Federation and art. 37 Fundamentals of the legislation of the Russian Federation on culture, including ensuring human rights and freedoms in the field of culture, establishing the foundations of federal cultural policy, adopting federal legislation in the field of culture and federal state programs for cultural development, etc.
The second level is the joint competence of the federal bodies of state power and administration of the Russian Federation, bodies of state power and administration of the republics within the Russian Federation, the autonomous region, autonomous districts, territories, regions, cities of Moscow and St. Petersburg in accordance with Art. 38 Fundamentals of the legislation of the Russian Federation on culture. The joint competence includes: ensuring human rights and freedoms in the field of culture; ensuring the preservation of the cultural heritage of the peoples of the Russian Federation, historical and cultural monuments, historical and cultural territories included in the Code of historical and cultural monuments of the Russian Federation; implementation of federal cultural policy, development and implementation of federal state programs of cultural development, their financial and logistical support; protection of copyright and related rights, intellectual property rights, inheritance rights in the field of culture; approval of requirements (standards) for professional education in the field of culture; creation of conditions for the cultural development of all peoples and ethnic communities of the Russian Federation; implementation of the state financial policy in the field of culture, labor policy, employment and remuneration of cultural workers; financing of especially valuable objects of cultural heritage of the peoples of the Russian Federation.
The third level is the competence of state authorities and administration of the constituent entities of the Russian Federation in the area under consideration (Article 39 of the Fundamentals of Legislation on Culture).
The legislation of the subjects of the Russian Federation in the field of culture regulates a wide range of issues.
The fourth level is competence, according to Art. 40 Fundamentals of the legislation of the Russian Federation on culture, local governments in the specified area.
Let's take a look at some of these levels.
1. The formation of the structure of the legislation on culture in our country in the form in which it is currently systematized dates back to 1992, when the Law of the Russian Federation of October 9, 1992 No. 3612-1 "Fundamentals of the legislation of the Russian Federation on culture". This normative legal act recognized the fundamental role of culture in the development and self-realization of the individual, the humanization of society and the preservation of the national identity of the peoples inhabiting the territory of the Russian Federation. Its main tasks were recognized as ensuring and protecting the constitutional rights of citizens to cultural activities, creating legal guarantees for free cultural activities of associations of citizens, peoples and other ethnic communities of the Russian Federation, determining the principles and legal norms of subjects of cultural activities, as well as determining the principles of state policy in the field of culture, legal norms of state support for culture and guarantees of state non-interference in creative processes.
In addition, the Fundamentals fixed the basic concepts and categories used in the legislation on cultural issues, in particular, such as "cultural activities", "cultural values", which are understood as moral and aesthetic ideals, norms and patterns of behavior, languages, dialects and dialects, national traditions and customs, historical toponyms, folklore, artistic crafts and crafts, works of culture and art, results and methods of scientific research of cultural activities that have historical and cultural significance buildings, structures, objects and technologies that are unique in historical and cultural terms territories and objects.
Thus, if earlier the presence of such an element as an act of creativity was the main thing for attributing values to the category of "cultural values", then in accordance with the specified definition, this understanding of "cultural values" seems to be somewhat narrowed.
Indeed, it is quite difficult to find an element of creativity in moral and aesthetic ideals or norms and patterns of behavior, in the concepts of "cultural goods", "creative worker", "cultural heritage of the peoples of the Russian Federation".
But most importantly, the concept of state cultural policy (state policy in the field of cultural development) was given as a set of principles and norms that guide the state in its activities to preserve, develop and disseminate culture, as well as the state's activities in the field of culture.
At the same time, it is impossible to clearly define the place of the Fundamentals of the Legislation of the Russian Federation on Culture in the hierarchical system of normative legal acts. The second article of the Fundamentals states what normative legal acts the legislation of the Russian Federation on culture consists of, however, only in relation to the legislative acts of the constituent entities of the Russian Federation, the rule is established that in the event of disagreements between the legislative acts of the constituent entities of the Russian Federation and these Fundamentals, the norms of the Fundamentals apply. It is more difficult to resolve problems in the event of contradictions between federal laws regulating various issues in the sphere of culture and the Fundamentals of the Legislation of the Russian Federation on Culture - due to the fact that the Fundamentals were adopted before the 1993 Constitution of the Russian Federation was approved by popular vote, and the vast majority of legislative acts, regulating certain issues in the cultural sphere, saw the light after 1993 and, accordingly, initially did not contradict the Constitution of the Russian Federation. In addition, as a general rule, unless otherwise specified in the law, in the event of a conflict between one legislative act and another, preference in resolving the issue is given to a later and special legislative act. Therefore, the Ministry of Culture of the Russian Federation, together with the Committee for Culture of the State Duma of the Russian Federation and the relevant committee of the Federation Council, are actively working to solve this problem.
Cultural issues are also reflected in many basic legislative acts, such as:
1. The Civil Code of the Russian Federation: in terms of the issues of seizure of mismanaged cultural property from the owners, the establishment of general principles for the activities of institutions and organizations, including non-profit ones, the general principles of civil circulation of real estate, as well as intellectual property issues;
2. Code of Administrative Offenses of the Russian Federation: in terms of administrative liability for violation of copyright and related rights, requirements for the preservation, use and protection of cultural heritage objects (monuments of history and culture), their territories and zones of their protection, etc.;
3. The Criminal Code of the Russian Federation: on the issue of liability for damage and destruction of historical and cultural monuments, violation of copyright and related rights, smuggling of cultural property; Land Code of the Russian Federation: in terms of the definition and procedure for establishing historical and cultural lands;
4. Urban Planning Code of the Russian Federation: on the issue of preserving historical settlements, historical and cultural monuments in the process of building and reconstructing the urban environment;
5. Federal Law "On non-profit organizations": on the legal status of cultural organizations;
6. Federal law "On charitable activities";
7. Federal Law "On Licensing Certain Types of Activities": on the issue of licensing works on the design and production of works on the restoration of historical and cultural monuments, film screening, production and distribution of audiovisual works and phonograms;
8. The Budget Code of the Russian Federation: in terms of establishing the principle of financing budgetary institutions, developing long-term federal targeted programs;
9. The Tax Code of the Russian Federation: in terms of tax benefits for organizations and cultural institutions that carry out certain types of work; Customs Code of the Russian Federation: in terms of benefits for imported equipment for the needs of museums and art objects.
In addition, there are a large number of by-laws, including:
Decree of the Government of the Russian Federation "On state support of theatrical art in the Russian Federation";
Decree of the Government of the Russian Federation "On the federal target program "Culture of Russia" (2001-2005)";
Decree of the Government of the Russian Federation "Issues of the State Academic Bolshoi Theater of Russia";
Decree of the Government of the Russian Federation "Issues of the Ministry of Culture of the Russian Federation";
Decree of the Government of the Russian Federation "On the procedure for free visits to museums by persons under the age of eighteen", etc.
A huge number of normative legal acts have been issued by federal executive bodies that carry out state administration and regulation in the field of culture.
Thus, in addition to the basic law - the Fundamentals of the Legislation of the Russian Federation on Culture - in almost all areas of cultural life in the country, special regulatory legal acts have been adopted that regulate the features of state influence in a particular area.
There are many conflicting provisions in the federal regulatory legal acts on culture. Let's highlight the following issues:
In the Fundamentals themselves there are norms that contradict each other. For example, Art. 37 and 38, commenting, respectively, on the competence of federal state authorities and the joint competence of federal state authorities and state authorities of the constituent entities of the Russian Federation, repeat the same provision regarding human rights and freedoms in the field of culture;
Legislative and by-laws issued in the development of the Basic Legislation of the Russian Federation on Culture, as a rule, do not reflect benefits in a particular area (for example, on the issue of preferential conditions for access of creative workers to relevant educational institutions, libraries, museums, archives and other cultural organizations). This provision is present only in the Fundamentals of the Legislation of the Russian Federation on the Archival Fund of the Russian Federation and archives, other regulatory legal acts are generally silent about such a benefit, not to mention determining the mechanism for its implementation;
The Decree of the Government of the Russian Federation "On State Support for Theatrical Art in the Russian Federation" provides for a significant block of benefits for theaters. However, tax breaks should be provided for by legislation, not by-laws;
In the field of culture, there is a huge number of acts regulating most areas of cultural activity. But there is no specialized normative act on the issues of concert activity, despite the fact that this area is extremely specific, and in the process of activity of concert organizations there are many problems, in particular, related to the mechanism of state support for concert organizations;
In contrast to world practice, architectural and museum activities, as well as the circulation of antiques, were excluded from the list of licensed types of activities in accordance with the Federal Law "On Licensing Certain Types of Activities".
Thus, taking into account the changing socio-economic and psychological atmosphere, there is a need to make appropriate changes to the current legal norms, as well as to adopt new regulatory legal acts that reflect the emerging social relations in the field of culture.
In accordance with paragraph "g" and "e" h. 1 Article. 72 of the Constitution of the Russian Federation, the delimitation of state property and general issues of culture are within the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.
Federal laws and laws adopted in accordance with them and other normative legal acts of the subjects of the Russian Federation are issued on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. In addition, relevant agreements are concluded between the state authorities of the Russian Federation and the state authorities of the constituent entity of the Russian Federation on the issues of delimitation of subjects of jurisdiction and powers. The resolution of issues on the delimitation of property is also carried out on the basis of agreements (contracts) on the delimitation of property between the Russian Federation and the corresponding subject of the Russian Federation. However, despite the presence of these provisions on the issues of joint jurisdiction of the Russian Federation and its constituent entities, numerous conflicts often arise, since there are no concluded agreements on the delimitation of property between the Russian Federation and the constituent entities of the Russian Federation, especially on issues of historical and cultural monuments.
The totality of legislative acts developed and adopted by the constituent entities of the Russian Federation includes more than 200 laws. Therefore, we consider only those that regulate the most general, basic relations in the field of organizing cultural activities.
In the constituent entities of the Russian Federation, the legislative regulation of cultural issues has gone in two different ways.
The republics have adopted laws, the main provisions of which almost completely coincide with the main provisions of federal legislative acts. At the same time, the effect of the federal law on the territory of the republics was often replaced by the effect of the republican one.
In other subjects of the Russian Federation (regions, territories, autonomous formations), legislators sought to consolidate, for the most part, the norms specifying the norms of federal legislation, as well as to adopt norms in the development of federal legislation.
It should be noted that in some subjects of the Russian Federation, no laws have been adopted at the moment in the development of federal legislation. All regulation in the field of culture is carried out here by issuing by-laws by the heads of subjects and various executive authorities. This applies to the Khabarovsk Territory, Novgorod, Novosibirsk, Penza, Saratov, Samara regions and other regions.
The first direction is represented by the laws of the constituent entities of the Russian Federation, which duplicate the texts of the Basic Legislation of the Russian Federation on Culture and other federal laws in the field of culture, up to the numbering of articles and paragraphs in articles. Legislation at the level of the subject of the Russian Federation is manifested only in minor additions and changes to the original document - the text of the Fundamentals of the Legislation of the Russian Federation on Culture - and other federal laws in this area.
The most indicative from this point of view are, in particular, the Law of the Republic of Buryatia "On Culture" of February 1, 1996 N 246-1, the Law of the Republic of Bashkortostan "On Culture" of July 13, 1993 N ВС-18/19 (as amended by the Laws dated January 28, 1998 N 133-z, dated June 23, 2000 N 78-z), Law of the Republic of Adygea "On Culture" dated July 15, 1998 N 87.
It should be noted that even minor additions and changes to the original text of the federal law, carried out by the subject of the Russian Federation and legalized by him in the text of the corresponding law, demonstrate the general approaches that prevail at the level of this subject, and the relationship between the center and the territory. So, in Art. 7 Fundamentals of the legislation of the Russian Federation on culture, the Laws "On Culture" of the Republics of Bashkortostan and Adygea, we are talking about the obligatory nature of cultural aspects in state or republican development programs. At the same time, in the Law "On Culture" of the Republic of Buryatia, in this article, it is only about the status of culture in state and other development programs of the Republic.
And similar examples can be continued. The Fundamentals of the Legislation of the Russian Federation on Culture and Section Two of the Law of the Republic of Bashkortostan "On Culture" speak of human rights and freedoms in the field of culture. However, the Law "On Culture" of the Republic of Adygea does not contain such norms at all. And in the Law of Buryatia, this section among the rights and freedoms of peoples and other ethnic communities in the field of culture names the right to cultural and national autonomy, the right to open cultural and national organizations of compatriots outside the Republic and cultural and national organizations of other states in the Republic. But it is known that the Russian Federation independently implements on its territory agreements and other acts regulating Russia's relations in the field of culture with other states, associations of states, as well as international organizations.
The laws "On Culture" of the Republics of Buryatia and Bashkortostan contain the concept of sovereignty in the field of culture, although according to the Constitution of the Russian Federation and clarifications of the Constitutional Court of the Russian Federation, sovereignty is a sign of the state, and not of national-territorial and administrative-territorial entities.
In accordance with Art. 12 of the Law "On Culture" of the Republic of Bashkortostan, each person has the right to familiarize himself with cultural values, to access state library, museum, archival funds, and other collections in all areas of cultural activity. Restrictions on the availability of cultural property for reasons of secrecy or a special regime of use are established by republican legislation. However, these standards must be established by federal law. Thus, the republican legislator invaded the competence of the federal legislator, implicitly arrogating to himself the right to establish restrictions on the accessibility of cultural property for reasons of secrecy or a special regime of use.
The above examples indicate that seemingly minor changes and additions to the laws of a constituent entity of the Russian Federation lead to the fact that some of the norms of regional legislation conflict with federal legislation and the Constitution of the Russian Federation, which established that the laws and other regulatory legal acts of the constituent entities The Russian Federation cannot contradict the federal laws adopted on the subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation (Article 76). The Constitution of the Russian Federation and the laws of the constituent entities of the Russian Federation establish that in the event of a contradiction between the federal law and the law of the constituent entity of the Russian Federation on subjects of joint jurisdiction, the federal law shall apply.
Thus, despite the system of legislative and subordinate regulations on cultural activities that has developed at the federal level and at the level of the constituent entity of the Russian Federation, there are gaps and contradictions in the system of these acts both at the federal and regional levels, which require elimination in the manner prescribed the legislation of the Russian Federation.
So, after we have considered the main legal acts regulating the activities of cultural and art organizations, we consider it necessary to study the issues of managing the sphere of culture. This is the subject of the next section of this work.
Culture is a concept that is interpreted in different areas of human life. It determines the objectivity and subjectivity of a person by:
- competencies;
- character;
- skills;
- Knowledge.
To preserve the culture of the Russian Federation, Federal Law No. 3612-1 was created.
The federal law "Fundamentals of the Legislation of the Russian Federation on Culture" was adopted on October 9, 1992. On July 26, 2017, the last changes were made.
The main tasks of the Federal Law:
- Protection and provision of the constitutional rights of citizens of the Russian Federation;
- Providing conditions that contribute to the creation of cultural activities on the territory of the Russian Federation;
- Determining the goals of the subjects of cultural activities;
- Determination of the goals of state policy and non-interference of the Government in creative processes.
In accordance with this Federal Law, every citizen of the Russian Federation may engage in creativity. For the correct choice of the field of activity, the interests and abilities of a particular person are taken into account.
Changes in the law on culture
The heads of state cultural institutions should, first of all, pay attention to the draft law “On Culture”. The first legislative acts of the Federal Law were sent to the State Duma for consideration. It should be noted that the Ministry of Culture of the Russian Federation has high hopes for this project. However, the main legislative provisions are based on the same ideas, tasks and principles that are presented in the Fundamentals of State Cultural Policy.
The project clearly expresses the relationship between society, culture and the main associations of citizens in the creative field. Now every citizen of the Russian Federation will be able to enjoy cultural benefits, such as:
- literature;
- art;
- religion and so on.
The draft law proposes to no longer use funds on a residual basis, but to develop special norms that will represent a separate reserve fund aimed at cultural activities. The calculation should take into account the salaries of employees who actively promote cultural activities in the Russian Federation. At the same time, the level of remuneration should not be lower than the average for the region.
It is planned that this method of financing will be more flexible, and spending on various areas of cultural activity will become more efficient.
Cultural cooperation with foreign compatriots
The government maintains contact with foreign compatriots and their descendants. Cultural centers are organized especially for them, in which various creative events are held. In addition, the state takes care of creative individuals. It creates all the conditions for such citizens to return to their homeland.
Taking into account Federal Law 3612-I, cultural events are organized not only for charitable purposes, but also for commercial purposes. The cost of tickets is set by the organizers, however, there are categories of citizens for whom benefits are provided.
In addition, read the text.
Benefits can be received:
- Preschool children;
- students;
- Disabled people;
- Military personnel.
If a cultural event is held at the federal level, the cost of tickets and other organizational expenses are set by the Government of the Russian Federation. If a cultural event is organized by local self-government bodies, control over its proper conduct is established by state authorities.
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The development of cultural activities in the foreign economic environment does not stand still. Trade is popular today:
- works of art;
- fine products;
- antique items.
When selling such goods, the trade procedure provided for by Federal Law 3612-I is taken into account.
The profit from the sold goods is divided between the authors, intermediaries and performers according to the contract signed during the transaction. What percentage each of them will receive is determined individually.
To organize a cultural event, citizens can use loans in national or foreign currency kept in domestic and foreign banks.
Cultural values that are stored in municipal and state museums (archives, art galleries, libraries) cannot be transferred to banking organizations as collateral for obtaining a loan.
Residents of the Russian Federation may export objects of their creative activity abroad for the purpose of:
- Holding an exhibition in various cities;
- Other forms of public presentation of one's own activities;
- Sales.
Transactions in cultural property must be carried out in accordance with the procedure provided for by Federal Law 3612-I.
Cultural values of the peoples of the Russian Federation, which are listed in municipal and state museums, are not subject to privatization. Other facilities may be privatized in accordance with the procedure provided for by this Federal Law.
However, for this, certain conditions must be met.:
- Work in the field of cultural activities for the preservation and restoration of the values of peoples;
- Maintain the provision of core services;
- Organize a demonstration of privatized cultural values to privileged categories of the population;
- Provide third parties with jobs and other social guarantees.
Some organizations working in the cultural field can provide social support to certain categories of citizens. These organizations are:
- Associations;
- Public organizations;
- Creative unions.
According to the law on culture, a creative person has the right to a pension. The pension payment is accrued in the manner prescribed by the law of the Russian Federation "On Pension Provision". Other artists who have sole income from royalties are eligible for an insurance pension. But only if such citizens pay insurance premiums to the Pension Fund of the Russian Federation.
Do you want to get acquainted with the legislative provisions of the Federal Law "Fundamentals of the legislation of the Russian Federation on culture"? Download the law at .
You can also download the text.