Legal problems of culturological expertise in the field of protection and use of monuments of history and culture in the Republic of Armenia
The legal issues of the judicial and culturological expertise in the sphere of the protection and usage of historical and cultural monuments in the Republic of Armenia are discussed. Nowadays the issue of improving legislation and methodologies of judicial inspections in order to increase the efficiency of examinations in the sphere has gained significant importance. The aim of this report is to address the main legal problems and limitations of the current legislation concerning judicial and culturological expertise in the Republic of Armenia. The report presents practical examples, which thoroughly reflect the depth of such limitations. The urgency of the research presented in this article is predetermined by the increase in the number of cases of causing of harm to objects of historical and cultural heritage (monuments and historic environment). On the example of the legislation of the Republic of Armenia it is proved the necessity of development of normative and scientific documentation, defining the order, conditions and timing of cultural expertise. The same problems arise determining the cultural significance of the monument. On specific practical examples it is emphasized the uncertainty of the procedure of carrying out the corresponding examinations. In the article it is noted that one of the requirements of the law in criminal and civil proceedings is the duty of the expert to answer all the questions put to him and give a reasonable and objective conclusion. However, in practice there are many cases where the expert’s conclusion is not consistent with the principles of the historical and cultural expertise, in particular, the principles of scientific validity, objectivity and legality. Taking into account the implementation of the state policy in the field of protection and use of monuments of history and culture, the author came to the conclusion about necessity of development of normative methodical documents in the field of the relevant expertise in this area, which must meet certain requirements. In the results of the research it is formulated some considerations about the procedure of appointment and carrying out judicial examinations in civil, criminal and administrative cases. The article and its findings and recommendations can be used in practical activities of law enforcement agencies in proving damage, the qualification of actions of violators in cases of crimes, the subject of which is historical monuments.