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RESOLUTION OF INTER-PARLIAMENTARY ASSEMBLY OF EURASIAN ECONOMIC COMMUNITY

of May 13, 2009 No. 10-18

About Recommendations about harmonization of the legislation of state members of EurAsEC in the field of cultural policy (on the basis of the comparative and legal analysis of national legal systems)

The inter-parliamentary Assembly decides:

1. Approve the Recommendations about harmonization of the legislation of gosudarstvchlen of EurAsEC provided by the Permanent commission of MPA on social policy in the field of cultural policy (are applied).

2. Submit Recommendations in parliaments of state members of EurAsEC and Integration Committee for use in work on harmonization of national legal systems and enhancement of the legal base of Community.

 

Chairman

Inter-parliamentary Assembly M. Ubaydulloyev

Appendix to the resolution MPA of EurAsEC of May 13, 2009 No. 10-18

Recommendations about harmonization of the legislation of state members of EurAsEC in the field of cultural policy (on the basis of the comparative and legal analysis of national legal systems)

The purpose of this document is preparation of suggestions for improvement and standardization of the legislation of state members of EurAsEC in the field of culture for review of approaches to regulation of the specified sphere, developments of single legal principles taking into account the general directions in regulation of legal relationship in the field of cultural policy of state members of EurAsEC and the conventional international standards.

The carried-out comparative and legal analysis showed that in state members of EurAsEC the corresponding legal base is created and there are necessary constitutional and institutional bases of regulation of activities in the field of culture, and also conditions for further work on standardization of the legislation in the specified area are created.

The basic principles of national legal systems on culture are enshrined in constitutions of state members of EurAsEC on the basis of which practically in all states are adopted and the laws on culture, and in the Russian Federation - Bases of the legislation of the Russian Federation on culture are effective.

At the same time the two-level system of creation of legal acts for culture (availability basic and the thematic laws), except for the Republic of Uzbekistan where the public relations in the field of culture at the legislative level are governed only by two thematic laws is characteristic of the majority of state members of EurAsEC.

The basic laws regulate the general principles, patterns of cultural development, the attitude of the state towards culture (fundamentals of cultural policy).

In the thematic laws regulating the separate directions of cultural activities the relations in specific spheres are in more detail regulated, national peculiarities and traditions are reflected, specifics of the state activities are expressed (The law of the Republic of Belarus of July 9, 1999 "About folk art, national crafts (crafts) in the Republic of Belarus", the Law of the Republic of Tajikistan of August 1, 2003 "About library activities"). Some special laws determine legal regime of separate cultural values (The law of the Republic of Uzbekistan of August 29, 1998 "About export and import of cultural values", the Federal Law of the Russian Federation of June 25, 2002 "About objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation") or legal status of separate organizations (associations) in the field of culture (The law of February 5, 2000 "About the museums and Museum fund of the Kyrgyz Republic", the Law of the Republic of Belarus of December 16, 1999 "About the creative unions and creative specialists").

Harmonization of national legal systems of state members of EurAsEC in the field of culture shall be performed on the basis of the principles of voluntariness and independence of determination of the directions and depth of participation of data of the states in processes of rapprochement and unification of legal regulation. At the same time system and integrated approach to work on harmonization of national legal systems of gosudarstvchlen of EurAsEC for the purpose of scope of all array of the legislation governing the relations in the field is necessary.

Based on the carried-out comparative and legal analysis work on rapprochement and standardization of national legal systems in the field of culture, shall be performed on the basis of the following offers:

1. The basic laws on culture of some state members of EurAsEC not always perform functions of the integrating legal acts. It is expressed, first of all, in lack of the categorical conceptual framework creating basis for effective application both the law, and other legal acts for culture. Recommend to the Kyrgyz Republic and the Republic of Tajikistan to create categorical conceptual framework in the existing basic laws on culture.

2. The determinations of the basic concepts used in the basic laws, and also questions of determination of the list of the objects relating to cultural values, regulation of the rights and obligations of citizens in the field of culture, the status of creative specialists, creation of the organizations of culture require unification.

3. One of significant places in the basic laws on culture is occupied by the rights of citizens in the field of culture. Among the most widespread constitutional rights and freedoms it should be noted freedom of creativity that emphasizes fundamental value of freedom of creativity for legal regulation of the analyzed relations in these states. It is offered to regulate more accurately in the basic laws on culture the rights of citizens in the field of culture.

4. It is represented reasonable for the purpose of familiarizing of citizens with cultural values to provide possibility of preferential (free) visit of the organizations of culture which are in state-owned property in the basic laws of state members of EurAsEC.

5. Not always in the basic laws on culture the accurate ratio with other industries of the legislation, for example, with civil is traced. Many regulations carry excessively general, declarative, referential nature. Deficit of regulations of direct action takes place.

6. Reforming in the field of culture is direct consequence of the happening economic transformations. It is conventional that basis of the state guarantees of preserving and cultural development is public financing. In this regard it is necessary to regulate more accurately in the basic laws questions of the state support of culture.

So, for example, in the Republic of Tajikistan annual development financing of culture is performed as required and the existing opportunities from republican and local budgets.

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