Concept and signs of cultural values
In article opinions of scientists on the existing concepts and signs of cultural values are analyzed, the interpretation of cultural values by the international and domestic legislation is given. Besides, the criminal code of the Federative Republic of Germany and the legislation of the federal lands of Germany on the example of Saxony and Saxony-Angalt is considered. It is noted that in the international and Russian legislation, and also the theory of criminal law there is no uniform interpretation of the concept «cultural values». The attention is paid that the German legislator and scientists of Germany also didn’t develop a uniform definition «cultural values». In spite of the fact that some scientists carry only material immovable subjects to cultural values, in the national legislation the cultural values crossing border of the Russian Federation, being, as a result, material movable subjects are marked out in separate category. During research by means of the analysis of the doctrinal points of view, the international and Russian regulations locates that cultural values are not only material movable or immovable, but also non-material subjects. When determining cultural values in the German legislation the concept «cultural monuments» or «monuments», not having an unambiguous and accurate definition is used. In article examples of interpretation of the terms «culture» and «values» are given, their origin is considered and value comes to light. Following the results of the analysis and comparison of various approaches of doctrinal, legislative and judicial interpretation of the term «cultural values» own definition «cultural values» is formulated. In article it is proved that as a subject of criminal infringement of cultural values there can be only material objects.