Sphere of culture in the Russian Federation. Regulatory and legal framework for regulating the activities of cultural and art organizations in the Russian Federation. What is the law

Topic 17. Target programs in the field of culture

1. The concept and importance of the sphere of culture

2. Purpose and objectives of state policy in the field of culture

3. Municipal cultural sphere

4. Problems of the sphere of culture and features of the application of a program-target approach when solving them

5. Formation of the list of activities of targeted programs in the field of culture

In Chapter I of the draft federal law "On Culture in the Russian Federation", the basic concept of "culture" is determined as a set of distinguishing signs, values, traditions and beliefs that are in the lifestyle and art;

The concept of "leisure" has interpretation as "free time". The preference system and the value orientation of the leisure characterize the level of human culture, have a direct impact on its professional activities, and as a result, the economic stability of society.

The key concept of modern society, which most precisely characterizing his cultural and spiritual component, becomes today "Cultural Environment". "Cultural Environment" is, firstly, the result of the entire set of cultural activities of the Company - past and real (including the infrastructure of cultural organizations, works of art, etc.); Secondly, this is the Institute for the Advancement of Citizens to the moral values, stored by it; Thirdly, it is the area of \u200b\u200bcreative realization of the spiritual potential of Russian citizens, including the younger generation. In this regard, the formation and development of the cultural environment becomes the most important condition for improving the quality of life in the Russian Federation.

Sphere of Culture - A combination of enterprises, institutions and non-profit organizations that relate, in accordance with the official classification, to various sectors of the national economy producing material works of culture and arts, intangible services.

Cultural activities (activities in the field of culture) - activities to create, distribute, preserve, mastering and promoting cultural values \u200b\u200band the provision of cultural goods. Activities in the field of culture in the Russian Federation are: 1) professional and non-professional (amateur) creativity, including fiction, scenic, plastic, musical, visual art, photo art, other types and genres of art; 2) the creation and distribution of audiovisual products (cinema, television and other); 3) publishing activities; 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) archival business in the Russian Federation; 12) work on the manufacture and restoration of artistic and ornamental products; 13) activities in the field of decorative and applied art, 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 who carry out cultural activities in the territory of the Russian Federation, the state in the person of state authorities and local governments, the organization of culture, ethnic community, national-cultural autonomy, cultural communities and public associations, creative Employees, creative unions, as well as other entities engaged in cultural activities.

World practice and domestic experiences testify to the exceptional role of legal regulation of cultural life in any country and, in particular, in the turning point of social development. The essence of the right in the field of culture is a guarantee of the freedom of culture and cultural activity of the person through the harmonization of the relations of various subjects of cultural life of the personality, associations of citizens and the state.

The development of a market economy, the construction of new Russian statehoods demanded special attention to the formation of legal space in the field of culture. Moreover, until 1992 there was only one special law regulating relations in the field of culture. This is the law "On the protection and use of historical and cultural monuments"adopted in 1978.

In the transition period, important decisions were adopted that contributed to the conservation of culture in market conditions.

So, on December 25, 1990, a resolution of the Supreme Council of the RSFSR was adopted " ABOUT emergency measures to preserve the National Cultural and Natural Heritage of the Peoples of the RSFSR "providing for a ban on the privatization of values \u200b\u200bstored in state museums, archives and libraries, as well as their irrevocable export abroad.

The decision of the Presidium of the Supreme Council of the RSFSR from April 19, 1991 was an important role in preserving the traditions of domestic culture. "On measures for the socio-economic protection of culture and art in the transition to market relations"According to which all types of tax benefits have been preserved for creative unions.

However, these rulings could not resolve the problem of the lack of legislative acts in the country regulating relations in the field of culture.

In 1992 were accepted "Fundamentals of the legislation of the Russian Federation on culture"In which for the first time, the rights and freedoms of human, peoples and ethnic community in the field of culture are defined in the deployed form. The duties of the state in the field of culture were established, the division of the competence between the federal government bodies, the state authorities of the constituent entities of the Russian Federation and local governments, identifies the principles of state financing of culture and regulating economic activity in this area, the basis for participation in international cultural exchanges.

The adoption of the "Fundamentals of Legislation" stimulated intensive rule-making activities in the field of culture. Since 1992, the development of the legislative framework begins.

A number of the most significant and necessary for the development of the industry of federal laws and programs can be distinguished.

Law of the Russian Federation of December 29, 1994 N 79-FZ "On librarian business" It was a legal framework for the preservation and development of library affairs in the Russian Federation. He established the principles of libraries, guaranteeing human rights, public associations, peoples and ethnic communities for free access to information, free spiritual development, attachment to the values \u200b\u200bof national and world culture, as well as cultural, scientific and educational activities. The law regulates the general issues of the organization of library activities, relations between the state, citizens, enterprises, institutions and organizations in the field of library case in accordance with the principles and norms of international law.

The federal law applies to libraries, funded in whole or in part at the expense of the federal budget, the funds of the budgets of the constituent entities of the Russian Federation and the funds of local budgets, and in terms of regulating the issues of the preservation and use of library funds as part of the cultural heritage of the peoples of the Russian Federation - on all libraries regardless of Their organizational and legal forms and forms of ownership.

The Federal Law of the Russian Federation "On Library Business" is one of the first "sectoral" laws. He served as the basis for the formation of regional legislation in the field of library. Currently, more than 40 laws in the constituent entities of the Russian Federation have already been adopted.

The changes and additions to the Federal Law "On Library Affairs" are due to the need to bring federal library legislation in line with the Civil Code of the Russian Federation, federal laws "On non-profit organizations", "On Information, Informatization and Information Protection", "On General Principles of Local Organization self-government.

The creation of local laws has significantly enriched legislative practice in the field of library affairs, and some achievements of the constituent entities of the Russian Federation are advisable to consolidate at the federal level.

Given the great contribution of state libraries in the development of domestic education, science and culture and the need to further increase their role in the life of society, the Russian Day of the Library was established by Decree of the President of the Russian Federation in 1995, which is celebrated on May 27.

Law of the Russian Federation of 26.05.96. N 54-FZ "On the Museum Fund of the Russian Federation and museums in the Russian Federation" Determines the peculiarities of the legal status of the Museum Fund of the Russian Federation, as well as the features of the creation and legal status of museums in the Russian Federation.

In the development of this law, by Decree of the Government of the Russian Federation on February 12, 1998, the Regulations on the Museum Fund of the Russian Federation, the Regulations on the State Catalog of the Museum Fund of the Russian Federation, the Regulation on the licensing of the activities of museums in the Russian Federation.

Decree of the President of the Russian Federation of 01.07.96. N 1010. "On measures to strengthen state support for culture and art in the Russian Federation" Determined the strategic directions for the development of the further legal framework of the cultural sphere. The program "Development and preservation of culture and art in the Russian Federation (1997-1999)" was assigned the status of presidential, 100 grants of the President of the Russian Federation were established to support creative projects of nationwide importance, scholarships were raised for outstanding cultural and art figures, issues of property transfer were considered, the Council was considered Under the President of the Russian Federation for culture and art.

In October 1996, the Regulation on this Council was approved, its composition. This is a permanent advisory body informing the President of the Russian Federation on the processes occurring in the field of culture and art and ensures the interaction of the President of the Russian Federation with organizations and cultural and artists. One of the main tasks of the Council is to prepare proposals to the President of the Russian Federation to identify the areas of state policy in the field of culture and art and specific measures for its implementation.

Cinematography of Russia, which is an integral part of culture and art, should be maintained and developed with the support of the state. The Law of the Russian Federation of August 22, 1996 №126-ФЗ. "On state support for cinematography in the Russian Federation" Identified the main directions of the state of state conservation and development of cinematography and established the procedure for state support for cinematography.

In order to further develop the industry in the Decree of the Government of the Russian Federation on December 18, 1997, the concept of development of cinematography of the Russian Federation is adopted.

In 1998, due to the fact that the law "On state support of cinematography in the Russian Federation" was not fulfilled, amendments were made to the Federal Law "On Amendments to Selected Laws of the Russian Federation on Taxes" concerning the development of national films and national cinematography.

This is a significant layer of legislative work in which members of the Committee of the Federation Council on Science, Culture, Health and Ecology are actively involved. Kostyukovich A.F. Legislative base of Russian culture: problems and prospects / information and analytical management of the Council of the Federation Council of the Federal Tax Service of the Russian Federation, p.5

An important place in the legal sphere of culture occupies the decision of the State Duma of the FS of the Russian Federation of 05.03.97. N 1189-2 GD "On the draft federal law" On creative workers and creative unions ". It determines the legal relationship between the state with the creative workers of literature and art, as well as the procedure for creating, activity, reorganize and eliminate their creative unions. The purpose of the law is to ensure legal guarantees and promote the activities of creative associations in the interests of the development of literature and art, the preservation of art schools and traditions, raising the prestige of creative professions in society, the protection of the rights of creative workers for free self-expression, legal, material, social and other guarantees of their constitutional rights . The law defines the legal status of a creative employee, as well as the legal status of a specific type of public association - the Creative Union, the procedure for its creation, activities, reorganization and liquidation, its legal relations with government bodies and local governments, public associations, legal entities and individuals.

In 1992-1993, acute problems arose in connection with the transfer of historical and cultural monuments to the ownership of the Church. Often evicted from these buildings, cultural institutions were not provided with the premises necessary to continue their work. In May 1994, a government decree was adopted, establishing the procedure for the transfer of religious associations of property related to federal property. This procedure takes into account the interests of cultural institutions and ensure the protection of historical and cultural heritage. For example, in the Tambov region, the regional local history museum, located in the Pokrovsky Cathedral since 1937, was translated into the building of the former. Houses of political visiting.

As practice shows, on the ground in most regions, laws in the field of culture with the orientation of the federal laws have been adopted. These are the foundations of the legislation on culture, museums, movies, libraries.

Therefore, the Federation Council Committee on Science, Culture, Health and Ecology has decided to study the problem of cultural branches that are not regulated by legislative acts.

An important component of the Committee's target work is the adoption of special laws. In particular, such laws like the law "On the theater and theater activities" and law "On government museum reserves".

The specificity of the theater as a special institution numbering about three centuries in our country is not always reflected in general, legislation. The traditions of theatrical art, theatrical school in Russia, recognized as a vast value of almost the entire world community, often turn out to be unprotected, due to the fragmentation and contradictory of regulatory legal acts operating in this area.

The need for the law is also caused by the fact that many norms that determine the relations of the state and theater in the Constitution of the Russian Federation, the law on culture is not supported by specific implementation mechanisms. Such mechanisms can only be taken into account in a special law.

Therefore, in 1999, the Federation Council supported two legislative initiatives of the Committee: "On theater and theater activities in the Russian Federation" and "On State Reserve Museums".

The decision on the preparation of these laws was adopted on parliamentary hearings conducted in 1997-1998. Dedicated to these issues.

Parliamentary hearings, which are invited to lead leaders of culture and art from all regions of the country, representatives of ministries and cultural departments, lawyers, political scientists, allow you to analyze the situation on the ground, to summarize the current state of affairs in one area or another. Recommendations of parliamentary hearings are sent to all subjects of the federation, the proposals received in the development of the law make it possible to take into account the interests of all regions.

The development of the draft law "On the theater and theatrical activity in the Russian Federation was supported by a wide theatrical public at the All-Russian Theater Forum" Theater: Time of Change ", and during the preparation for him - at the zonal conferences of theaters in Vladivostok, Omsk, Krasnodar, St. Petersburg.

Preliminary analytical work and legal analysis of the provisions in the industry under this law make it possible to state a clear position of the Committee in justifying the need to take this particular law.

A similar way was the work on the legislative initiative of the Committee - the draft Federal Law "On State Museum-Reserves".

Museums - Reserves are the main keepers of the country's historical and natural heritage, promote the preservation, revival and development of its multinational culture. Insufficient understanding of the specifics of the reserves museums as a special type of cultural institutions led to the problems of museums - reserves generally fell out of the legal field.

This legislative initiative of the Committee was unanimously supported at a meeting of the Federation Council and on the Council of the State Duma of the Federal Assembly of the Russian Federation. Kostyukovich A.F. Legislative base of Russian culture: problems and prospects / information and analytical management of the Council of the Federation Council of the Federal Tax Service of the Russian Federation, p.5

Among the most significant documents adopted by the Government should also be allocated:

"Regulations on the licensing of certain types of activities on historical and cultural monuments";

"Regulations on the procedure for the privatization of historical and cultural monuments";

"Regulations on the basics of economic activities of cultural and art organizations".

The federal legislation on culture, guided by the Constitution of the Russian Federation as the main law of the country, as well as other federal agreements and norms of international law, proclaims the following basic principles:

The fundamental role of culture in the development and implementation of the individual, education in man of humanity, as well as the preservation of the identity of the nationalities of Russia;
Close relationship between the processes of creating and preserving cultural values \u200b\u200band progress in the socio-economic, democratic spheres, consolidation of the population and the strengthening of state sovereignty;
The focus on inter-ethnic cooperation in the field of culture and the integration of Russian culture to the world.

What is the law?

The legal framework in the field of conservation and development of Maskultura, creativity and art in Russia is a document N 3612-1 called "Fundamentals of the legislation of the Russian Federation on culture", approved by the Russian Supreme Court in October 1992.

The document is made up of ten partitions, including 62 articles. In summary of the law, the structure of the law is as follows:

General provisions: goals, objectives, terminology, profile legislation, scope, sovereignty of the Russian Federation in the field of culture, equality of the status of cultures of various nations 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, identity, attachment to values, aesthetic education and art education, the creation of various creative organizations and associations, freedom of export of own works abroad, conducting cultural activities in other countries, etc.;
Rights and freedoms of nations and ethno communities on 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 - we have in the Russian Federation;
Cultural heritage: The domain of the peoples of Russia, All-Russian library, archival, museum and other funds;
Creative Worker Status: State and employees, state and creative organizations;
State duties: Government programs for the preservation and development of culture in the Russian Federation, ensuring the availability of cultural activities and values \u200b\u200bfor the population, the provision of freedom and independence to the subjects of cultural activities, the creation of prerequisites for the implementation of talents, ensuring priority positions for NAC. cultures of the Russian Federation, the maintenance of profile statistics, an independent assessment of the quality of the provision of services, information openness;
Powers of participants: federal and regional state bodies. authorities, as well as local governments; The annual report of the state about the achievements and state of Russian culture;
Economic regulation: creating and eliminating creative organizations, specialty management, sources of financing, income from activities, pricing, cooperation with organizations from other areas of activity, social support for cultural workers;
International Cultural Exchange: Subjects of exchange, politics and priorities, cooperation with fellow citizens living abroad, Russian cultural and historical values \u200b\u200babroad, foreign centers of Russian culture;
Responsibility For violation of profile legislation.

It is also useful to read the latest changes in the Federal Law No. 161. More details

The first article of the law states that the main tasks Profile legislation are:

Protection and implementation of the constitutional right of the population of Russia for cultural activities;
Ensuring freedom of activities of associations, ethnic communities and nationalities of the Russian Federation in the field of creativity and arts;
Designation of the principles of planning a profile federal policy, providing state. support; The principle of providing non-interference in creative activity.

The provisions of the law covers the following areas:

Monuments of History and Culture - their definition, study, protection, restoration and use;
Art genres, such as: Hood. literature, music, cinema and photography, theater and choreographic art, architecture, design, etc.;
Folk culture In all its manifestations: crafts and crafts, languages, dialects, folklore, traditions and rites;
Creative amateur;
Collecting and exposure;
Publishing books and printed products, their distribution, use, archival and library case;
Television and broadcasting in the context of creating and distributing cultural values;
Education in the field of artistic arts;
Study of culture from the point of view of various sciences;
International exchanges (knowledge, works, etc.);
Creating a material and technical base and other activities that contribute to the preservation, creating and promoting cultural property.

Recent corrections

The law on culture in the latter editor is dated 5th of December 2017. Then, with the release of the FZ-392 law on the introduction of changes to individual acts of the Russian Federation on issues improving the independent assessment of the quality of the provision of services, The amendment underflore Article 36.1 and 36.2.

Most of the changes in the law affected the same type of wording. The phrases in which the word "quality" was present was supplemented after him by the word "conditions" (for example, quality conditions providing services).

Separate provisions of the articles of the law were set forth in the new edition.

Part 2 Art. 36.1. It states that an independent assessment of the quality of service provisions is carried out on the basis of the following criteria:

Openness and availability of information on the events;
Comfort;
Friendly and polite relationship of employees of organizations;
Satisfaction to the audience with the quality of services rendered;
Accessibility of services for people with physical restrictions.

According to Part 6 of Article 36.1, Public Chambers of the Russian Federation, subjects of Russia and municipalities in the case of an appeal of the executive authorityauthorized in the field of developing and implementing the state. Policies and regulatory regulation in the field of culture, for no more than one month should form a public council on the independent assessment of the quality of services for the provision of services by cultural organizations. The Council includes representatives of public organizations authorized in the field of the protection of the rights and interests of citizens, as well as members of the associations of persons with disabilities. Such a check can be carried out in relation to state organizations or organizations funded from the budget.

AT part 7th The same article states that the above-mentioned advice is formed for a three-year period of at least five people. When appointing a new composition, at least 1/3 of the members of the Council is replaced. There is a council on a public basis. Representatives of the executive authorities, local governments, public creative associations, managers and employees of organizations providing services in the cultural sphere cannot be included in the Independent Evaluation Council. However, they can be attracted as consultants. Information on the progress and results of the activities of the Council should be published on the official website of the organ at which it has been created.

Article 36.1 was supplemented with parts 17 and 18He says that the leaders of state and municipal cultural institutions, in accordance with the labor legislation of Russia, should be responsible for non-fulfillment of instructions to eliminate the shortcomings identified as a result of an independent assessment.

Information on the effectiveness of the work of the head, including the results of an independent assessment and on the implementation of the plan to eliminate the shortcomings, is made to the employment contract. These results are also taken into account when evaluating the effectiveness of the leaders of the executive bodies, self-government bodies and officials.

Download the text of the Law on Culture of the Russian Federation

Article 8 of the law considered by us states that Creative activity is recognized as the inalienable right of all Russians,regardless of racial and ethnic origin, gender, social and financial status, language affiliation, views on politics and religion, education, profession and other factors.

To familiarize yourself with the procedure for the implementation of such a right, as well as the regulatory framework in the field of preservation and development of art and creativity, we offer (approved. Of the Russian Federation of 09.10.1992 N 3612-1) in the urgent editorial board.

List of federal culture laws

The law considered in this article is basic, but far from the only thing in the art. The creative sphere is directly or indirectly regulate dozens of laws and regulatory acts. Below are the names and links to download the main 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 values;
"On approval of the foundations of state cultural policies",determining the most important areas of state policy in this area. It is positioned as a basic document that serves to write and improve other regulatory acts governing the issues of Russia's development in the specified direction;
of February 29, 2016 on the approval of the Strategy of State Cultural Policy (GKP) for the period up to 2030. Based on this document, relevant regional strategic plans are being developed.

Culture is a concept that is interpreted in different areas of human livelihoods. It determines the objectivity and subjectivity of a person by:

Competence;
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 latest changes were made.

The main tasks of the FZ:

Protection and provision of the constitutional law of citizens of the Russian Federation;
Providing conditions that contribute to the creation of cultural activities in the territory of the Russian Federation;
Determination of objectives of cultural activities;
Determination of the goals of government policies and non-interference of the government into creative processes.

In accordance with this Federal Law, every citizen of the Russian Federation can engage in creativity. For the right choice of the scope of activity, the interests and abilities of a particular person are taken into account.

Changes in the law on culture

Heads of government agencies of culture should, first of all, to pay attention to the draft law "On Culture". The first legislative acts of the Federal Law were sent for consideration in the State Duma. It should be noted that the Ministry of Culture of the Russian Federation places high hopes for this project. Nevertheless, the main legislative status is based on the same ideas, objectives and principles that are presented in the "Fundamentals of State Cultural Policy".

The project pronounced 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 take advantage of cultural benefits, such as:

literature;
art;
religion and so on.

The draft law proposes no longer to use funds on the residual principle, but to develop special rules that will be a separate reserve fund aimed at cultural activities. The calculation should take into account the wages of employees who actively promote cultural activities in the Russian Federation. At the same time, the level of remuneration should be no lower than the region.

It is planned that such a financing method will be more flexible, and the costs of various areas of cultural activity will become more efficient.

Cultural cooperation with foreign compatriots

The government supports communications with foreign compatriots and their descendants. Especially for them are organized cultural centers in which a variety of creative events are held. In addition, the state cares about creative personalities. It creates all the conditions so that such citizens return to their homeland.

Taking into account the Federal Law 3612-I, cultural events are organized not only with charity, but also with a commercial purpose. The cost of tickets is established by the Organizers, however, there are categories of citizens for whom benefits are provided.

In addition, check out the text.

Benefits can get:

Children of preschool age;
Students;
Disabled;
Servicemen.

If the cultural event is held at the federal level, the cost of tickets and other organizational costs are established by the Government of the Russian Federation. If the cultural event is organized by local governments, control over its proper conduct is established by state authorities.

Download

The development of cultural activities in the foreign economic environment does not stand still. Today trade is popular:

works of art;
visual products;
antiques.

When implementing such a product, the trade procedure provided for by Federal Law 3612-I is taken into account.

Profit from sold goods is divided between the authors, intermediaries and performers under the contract signed when making a transaction. What percentage will get each of them is determined individually.

To organize a cultural event, citizens can use loans in national or foreign currency stored in domestic and foreign banks.

Cultural values \u200b\u200bthat are stored in municipal and state museums (archives, art galleries, libraries) cannot be transferred to banking organizations as a collateral to obtain a loan.

Residents of the Russian Federation can export objects of their creative activities abroad with a view to:

Holding an exhibition in various cities;
Other forms of public presentation of their own activities;
Sales.

Deals on cultural values \u200b\u200bshould be carried out in accordance with the procedure provided for by Federal Law 3612-I.

The cultural values \u200b\u200bof the peoples of the Russian Federation, which are listed in the municipal and state museums, are not subject to privatization. You can privatize other objects in accordance with the procedure provided for by this Federal Law.

However, for this it is necessary to comply with some conditions.:

Work in the field of cultural activities to preserve and restore the values \u200b\u200bof peoples;
Maintain the provision of relevant services;
Organize a demonstration of privatized cultural values \u200b\u200bto preferential categories of the population;
Provide third parties jobs and other social guarantees.

Some organizations working in the cultural field can provide social support for certain categories of citizens. Such organizations are:

Associations;
Public organizations;
Creative unions.

According to the Culture Act, creative Dchemovk has the right to retire. Pension payment is charged in the manner prescribed by the Law of the Russian Federation "On Pension Provision". Other creative workers who possess the only income in the form of the author's remuneration are entitled to the insurance pension. But only if such citizens pay insurance premiums in the PF of the Russian Federation.

Want to familiarize yourself with the legislative provisions of the FZ "Fundamentals of the Legislation of the Russian Federation on Culture"? Download the law

You can also download text.

culture Art State Management

The transformations conducted in the Russian society could not but affect the cultural life, which in the last decade has experienced the impact of two opposite trends marked in the Federal Task Force "Culture of Russia (2001-2005)", approved by the 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. Freedoms received by the figures and organizations of culture provided optimal conditions for its development. Accordingly, new types of consumers and professional art customers appeared, building their relations with creative figures on market conditions.

2. At the same time, the state consistently reduced its participation in the support of domestic culture, believing that the emerging market will solve emerging problems. As a result, the influence of culture on Russian society began to decrease, on the formation of positive attitudes and value orientations of citizens.

Culture Currently, as many years ago, is one of the most important areas of the activities 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 framework 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 determined in the basics 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, cinema, scenic, plastic, musical art, architecture and design, photo art, other genres and types of art; Art folk crafts and crafts, folk culture in its manifestations such as languages, dialects and dialects, folklore, customs and rites, historical toponyms; amateur (amateur) artistic creativity; Museum business and collecting; book publishing and library work, as well as other cultural activities related to the creation of works of printing, their distribution and use, archival business; Television, radio and other audiovisual means in terms of creating and distributing cultural property; aesthetic education, art education, pedagogical activities in this area; Scientific research of culture; International Cultural Exchanges; production of materials, equipment and other means necessary to preserve, create, distribute and master cultural values; Any activity, as a result of which they persist, are created, the cultural values \u200b\u200bare applied 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:

UNIDROUA Convention on abducted or illegally exported cultural values \u200b\u200b(Rome, June 24, 1995), Convention on Cooperation in Culture, Education, Science and Information in the Black Sea region (Istanbul, March 6, 1993), European Convention on Communist Cinema (Strasbourg, October 2, 1992), European Convention on Transboundary Television (Strasbourg, May 5, 1989), Convention on the Protection of the Architectural Heritage of Europe (Grenada, October 3, 1985), Convention on the Protection of World Cultural and Natural Heritage (Paris, November 16, 1972 ), The European Convention on the Protection of Archaeological Heritage (London, May 6, 1969), as well as many other international acts aimed at mostly on the protection of various cultural values, the formation of a single cultural space (world or European) in one or another 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 regulatory acts) and the legislation of the constituent entities of the Russian Federation, which also has divisions on legislative and regulatory acts. In addition, the structure of the internal legislation of the country includes regulations adopted at the local government level.

The legislation on culture has established four levels of competence in the specified sector:

The first level is the competence of federal state authorities and management in the field of culture, provided for by paragraph "E" Art. 71 of the Constitution of the Russian Federation and Art. 37 Fundamentals of the Legislation of the Russian Federation on Culture, including the provision of human rights and freedoms in the field of culture, the establishment of the fundamentals of federal cultural policy, the adoption of federal legislation in the field of culture and federal government programs of cultural development, etc.

The second level is the joint competence of federal government bodies and the management of the Russian Federation, state authorities and the management of republics as part of the Russian Federation, the autonomous region, autonomous districts, edges, regions, the cities of Moscow and St. Petersburg in accordance with Art. 38 Founded 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 areas included in the organization of the monuments of the history and culture of the Russian Federation; the implementation of federal cultural policy, the development and implementation of federal state programs of cultural development, their financial and material and technical support; copyright protection and related rights, intellectual property rights, inheritance rights in the field of culture; approval of requirements (standards) to vocational education in the field of culture; creating conditions for the cultural development of all peoples and ethnic communities of the Russian Federation; Conducting state financial policies in the field of culture, policies in the field of labor, employment and remuneration of cultural workers; Financing of highly valuable objects of the cultural property of the peoples of the Russian Federation.

The third level is the competence of state authorities and the management of the constituent entities of the Russian Federation in the sector under consideration (Art. 39 of the Fundamentals of Culture Legislation).

The legislation of the constituent entities of the Russian Federation in the field of culture regulates an extensive range of issues.

The fourth level is competence, according to Art. 40 Founded of the legislation of the Russian Federation on culture, local governments in the specified area.

Consider 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 systematized at the present time, originates since 1992, when the Law of the Russian Federation of October 9, 1992 was adopted No. 3612-1 "Basis of the legislation of the Russian Federation on culture. " This regulatory legal act recognized the fundamental role of culture in the development and self-realization, humanization of society and the preservation of the national identity of the peoples inhabiting the territory of the Russian Federation. The main tasks were recognized as ensuring and protecting the constitutional rights of citizens to cultural activities, the creation of legal guarantees for the free cultural activities of the associations of citizens, peoples and other ethnic communities of the Russian Federation, the definition of the principles and legal norms of the subjects of cultural activities, as well as determining the principles of public policy in the field of Cultures, legal norms of state support of culture and guarantees of non-interference of the state in creative processes.

In addition, the basic concepts and categories used in cultural legislation were enshrined, in particular, such as "cultural activity", "cultural values", under which the moral and aesthetic ideals, norms and samples of behavior, languages, dialects are understood and dialects, national traditions and customs, historical toponyms, folklore, art crafts and crafts, works of culture and art, results and methods of research of cultural activities, having historical - cultural significance of the building, structures, items and technologies unique in historical and cultural relations Territories and objects.

Thus, if earlier the main thing to assign values \u200b\u200bto the category of "cultural values" was the presence of such an element as an act of creativity, 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 the main thing - the concept of state cultural policy (state policy in the field of cultural development) was given as a set of principles and norms, which guides the state in their activities to preserve, develop and distribute culture, as well as the activity of the state in the field of culture.

At the same time, it is impossible to clearly define the foundations of the legislation of the Russian Federation on culture in the hierarchical system of regulatory legal acts. In the second article, the Fundament says, from which regulatory legal acts is the legislation of the Russian Federation on culture, but only in relation to legislative acts of the constituent entities of the Russian Federation, it has been established that in the event of disagreements between legislative acts of the constituent entities of the Russian Federation and the principles of the foundations are valid. The challenges are harder in the event of contradictions between federal laws regulating various issues of culture, and the basis of the legislation of the Russian Federation on culture - due to the fact that the foundations are adopted before approving the National Voting of the Constitution of the Russian Federation of 1993, and the overwhelming majority of legislative acts, Regulating individual questions in the cultural sphere, they saw the light after 1993 and, accordingly, did not initially contradicted the Constitution of the Russian Federation. In addition, as a general rule, if the law does not specify otherwise, in the case of a contradiction of one legislative act another preference in solving the issue is given to a later and special legislative act. Therefore, the Ministry of Culture of the Russian Federation in conjunction with the Committee on Culture of the State Duma of the Russian Federation and the relevant Committee of the Federation Council are actively working to solve this problem.

Culture problems were also reflected in many basic legislation, such as:

1. Civil Code of the Russian Federation: In terms of issues of the withdrawal of the owners of the owners, the establishment of the general principles of the activities of institutions and organizations, including non-commercial, general principles of civil turnover of real estate, as well as intellectual property issues;

2. The Code of the Russian Federation on administrative offenses: in terms of administrative responsibility for violation of copyright and related rights, the requirements of the preservation, use and protection of cultural heritage sites (historical and cultural monuments), their territories and zones of their protection, etc.;

3. Criminal Code of the Russian Federation: on the issue of liability for damage and destruction of historical and cultural monuments, violations of copyright and related rights, smuggling of cultural values; Land Code of the Russian Federation: in terms of the determination and procedure for establishing land historical and cultural land;

4. Town Planning Code of the Russian Federation: on the issue of preserving historical settlements, monuments of history and culture in the process of building and reconstruction of the town planning 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 of Special Activities": on the issue of licensing work on the design and production of works on the restoration of monuments of history and culture, film conveying, manufacturing and distribution of audiovisual works and phonograms;

8. Budget Code of the Russian Federation: in terms of establishing the principle of financing budgetary institutions, developing long-term federal targeted programs;

9. Tax Code of the Russian Federation: in terms of tax breaks for organizations and cultural institutions carrying 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 registered acts, 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 Task Force" Culture of Russia "(2001 - 2005)";

Decree of the Government of the Russian Federation "Questions of the State Academic Bolshoi Theater of Russia";

Decree of the Government of the Russian Federation "Questions of the Ministry of Culture of the Russian Federation";

Decree of the Government of the Russian Federation "On the procedure for free visiting museums by persons under the eighteen years," etc.

A huge number of regulatory legal acts published by federal executive bodies carrying out public 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 - almost in all areas of cultural life in the country adopted special regulatory legal acts regulating the peculiarities of state impact in a particular area.

In federal regulatory legal acts on culture there are many contradictory provisions. We highlight the following problem points:

The basics themselves are standards that contradict each other. For example, Art. 37 and 38 commenting, respectively, the competence of federal state bodies and the joint competence of federal state authorities and state authorities of the constituent entities of the Russian Federation repeat the same position regarding human rights and freedoms in the field of culture;

In the legislative and subtitual acts published in the development of the Fundamentals of the Russian Federation on Culture, as a rule, do not reflect the benefits in a particular area (for example, on the issue of preferential conditions for the access of creative workers to relevant educational institutions, libraries, museums, archives and others Culture organizations). This norm is present only in the basics of the legislation of the Russian Federation on the Archive Fund of the Russian Federation and Archives, the remaining regulatory legal acts generally silent about such benefit, not to mention the determination of the mechanism of its implementation;

The Decree of the Government of the Russian Federation "On State Support of theatrical Art in the Russian Federation" provides for a significant block of benefits for theaters. However, tax benefits should be provided for legislative, and not by subtitle acts;

In the field of culture there is a huge number of acts regulating most directions of cultural activities. But on the issues of concert activity there is no specialized regulatory act, despite the fact that this sphere is extremely specific, and in the course of the activities of concert organizations there are many problems, in particular, related to the mechanism of state support for concert organizations;

As opposed to world practice from the list of licensed activities in accordance with the Federal Law "On Licensing Some Activities", architectural and museum activities were excluded, as well as the turnover of antiques.

Thus, taking into account the changing socio-economic and psychological atmosphere, there is a need to make appropriate changes to current legal norms, as well as the adoption of new regulatory legal acts reflecting emerging public relations in the field of culture.

In accordance with paragraph "G" and "E" Part 1 of Art. 72 The Constitution of the Russian Federation, the distinction between state ownership and general issues of culture refer to joint management of the Russian Federation and the constituent entities of the Russian Federation.

According to subjects of joint management of the Russian Federation and constituent entities of the Russian Federation, federal laws and the laws and other regulatory legal acts of the constituent entities of the Russian Federation are published. In addition, on the issues of delimitation of objects and powers between the state authorities of the Russian Federation and the state authorities of the constituent entity of the Russian Federation, relevant contracts are concluded. The resolution of issues on the delimitation of property is also carried out on the basis of agreements (contracts) on the distinction between the property between the Russian Federation and the relevant subject of the Russian Federation. However, despite the presence of these provisions on the joint management of the Russian Federation and its subjects, numerous conflicts arise often, since there are no concluded agreements on the distinction between the property between the Russian Federation and the constituent entities of the Russian Federation, especially on the issues of historical history and culture.

The combination 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 common, basic relations in the field of organizing cultural activities.

In the constituent entities of the Russian Federation, legislative regulation of cultural issues went two different ways.

The republics adopted, the main provisions of which are almost completely coincided with the main provisions of federal legislation. At the same time, the substitution of the federal law on the territory of the republican was often substituted.

In other constituent entities of the Russian Federation (regions, land, autonomous formations), legislators sought to consolidate for most of their norms specifying the norms of federal legislation, as well as to take norms into the development of federal legislation.

It should be noted that in some subjects of the Russian Federation at the moment there are no laws in the development of federal legislation. All regulation in the field of culture here is carried out by publication by the heads of subjects and various executive bodies of the regulatory regulations. This applies to the Khabarovsk Territory, Novgorod, Novosibirsk, Penza, Saratov, Samara regions and other regions.

The first direction is presented by the laws of the constituent entities of the Russian Federation, in which the texts of the foundations of the legislation of the Russian Federation on culture and other federal laws in the field of culture are up to the numbering of articles and paragraphs in articles. The lawmaking at the level of the constituent entity of the Russian Federation is manifested only in minor additions and changes in the source document - the text of the Fundamental legislation of the Russian Federation on culture - and other federal laws in this area.

The most indicative of this point of view is, 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 of Sun-18/19 (as amended by law Of January 28, 1998, N 133-Z, dated June 23, 2000 N 78-s), the Law of the Republic of Adygea "On Culture" of July 15, 1998 N 87.

It should be noted that even minor additions and changes in the source text of the Federal Law, carried out by the subject of the Russian Federation and legalized by him in the text of the relevant law demonstrate the general approaches that dominate the level of this subject and the relationship between the center and the territory. So, in Art. 7 Fundamentals of the Russian Federation on culture, laws "on culture" republics of Bashkortostan and Adygea we are talking about the obligation of cultural aspects in state or republican development programs. At the same time, in the law "On Culture" of the Republic of Buryatia, this article discovers only about the status of culture in state and other programs for the development of the republic.

And such examples can be continued. In the basics of the legislation of the Russian Federation on the culture and division of the Second of the Law of the Republic of Bashkortostan "On Culture", the human rights and freedoms in the field of culture are referred. However, the Law "On Culture" of the Republic of Adygea does not contain such rules at all. And in the law of Buryatia, this section among the rights and freedoms of peoples and other ethnic community in the field of culture calls the right to culturally - 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 an agreement on its territory and other acts regulating the relations of Russia in the field of culture with other states, associations of states, as well as international organizations.

In the laws "On Culture", the republics of Buryatia and Bashkortostan contains the concept of sovereignty in the field of culture, although in accordance with 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 nationally territorial and administrative and territorial entities.

In accordance with Art. 12 of the Law "On Culture" of the Republic of Bashkortostan. Each person has the right to adapt to cultural values, access to state library, museum, archival funds, other meetings in all areas of cultural activities. Restrictions on the availability of cultural values \u200b\u200bfor considerations of secrecy or a special use regime are established by republican legislation. However, these rules should be established by federal legislation. Thus, the republican legislator invaded the competence of the federal legislator, the focusing order assuming the right to establish restrictions on the availability of cultural values \u200b\u200bfor the considerations of secrecy or a special use regime.

The above examples indicate that it seemed that minor changes and additions in the laws of the constituent entity of the Russian Federation lead to the fact that part of the norms of regional legislation conflicts with federal legislation and the Constitution of the Russian Federation, which established that laws and other regulatory legal acts of subjects The Russian Federation cannot contradict the federal laws adopted on subjects of joint management 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 establishes that in the event of a contradiction between the Federal Law and the Law of the Directory of the Russian Federation on the subjects of joint venture, the Federal Law operates.

Thus, despite the underlying at the federal level at the level of the constituency of the Russian Federation, a system of legislative and regulatory regulations on cultural activities, in the system of these acts there are gaps and contradictions and on the federal, and at the regional levels that require the elimination in the manner prescribed by legislation of the Russian Federation.

So, after we reviewed the main regulatory acts regulating the activities of cultural and art organizations, we consider it necessary to study the issues of cultural management. This is dedicated to the next section of this work.

2.2 Activities of organizations for the management of a culture system in the Russian Federation

The management of the sphere of culture is an important area of \u200b\u200bmunicipal social policy, in many respects defining the comfort of the population in the municipal territory.

The right to participate in the cultural life and use of cultural institutions, as well as access to the cultural values \u200b\u200bof each citizen of the Russian Federation is guaranteed by the Constitution of the Russian Federation (Art. 44). The Law of the Russian Federation "The Fundamentals of the Legislation of the Russian Federation on Culture" was the first "sectoral" law and served as the basis for the formation of regional legislation in the field of culture.

Cultural activity - activities to preserve cultural heritage, creating, disseminating and mastering cultural values \u200b\u200band benefits.

The formation and implementation of meaningful cultural policy is one of the important tasks of the state, in many respects defining its viability and place in the civilized world. The state should, on the one hand, to form a cultural life of society as a whole, on the other hand, coordinate the cultural needs and interests of various sectors of society, territorial, national and other communities.

The powers of the federal level of power include the definition of policies in the field of culture and art, the priorities of the industry reforming, the definition of the federal budget of the necessary financial resources to solve these problems, control and financing the activities of government cultural institutions.

At the level of the subjects of the Russian Federation, federal programs in the field of culture and art are being implemented, special targeted programs are being developed, as well as the regulatory and legal and methodological documents necessary for the implementation of regional policies, financial, methodological and other assistance to cultural and art agencies.

The municipal policy in the field of culture is based on the general principles of state policy. The Federal Law 2003 refers to the issues of local importance of settlements and urban districts. Conditions to provide residents of the services of cultural organizations, the organization of library services for the population, the protection and preservation of cultural heritage sites (historical and cultural monuments) of the local (municipal) meaning. The competence of municipal districts includes the organization of library service of settlements (providing services of a library collector).

Currently, the object of cultural activities are predominantly cultural and cultural institutions and organizations. However, for progressive progressive development it is necessary that the entire society as a whole is necessary for the object of cultural activity.

In this regard, the formation and implementation of meaningful cultural activities is one of the important tasks of the state, largely determining its vitality and place in the civilized world. The state should, on the one hand, to form a cultural life of society as a whole, on the other hand - to coordinate the cultural needs and interests of various sectors of society, territorial, national and other communities.

Thus, the cultural development of the city is the dynamic transformation of a system of social and cultural relations within a certain geopolitical structure. The cultural development of the city is determined by the social and cultural policies of the state and the subject of the federation.

Considering the above, consider the features of the organization of management and financing the sphere of culture and leisure at the local government level.

Local governments carry out the construction of buildings and structures of cultural organizations, the arrangement of the territories adjacent to them.

The property of local self-government may have historical and cultural significance of the building, structures, items, other objects of culture (museums, galleries, libraries, etc.).

Financing of the municipal culture is carried out at the expense of budgetary funds and the provision of paid services. Public associations, enterprises, organizations and citizens have the right independently or on a contractual basis to create funds for financing cultural activities. Local governments can act as co-founders of funds.

Local governments, participating in the implementation of state policy in the field of culture, cannot interfere with the creative activities of citizens and their associations, with the exception of cases provided for by law (if this activity leads to propaganda of war, violence, cruelty, etc.). Cultural activity can be prohibited by the court in the event of a violation of legislation.

Issues of supporting folk artistic fields, regional and local national-cultural autonomy, studying in educational institutions of national languages \u200b\u200band other objects of ethnocultural orientation are attributed by federal legislation to the powers of the subjects of the Russian Federation. Local governments can be transferred to national-cultural autonomies, their non-commercial institutions and organizations, property in property or rent.

Within its competence, local governments can create conditions for the development of a network of special institutions and organizations - art schools, studios, courses, to provide them with support, to ensure accessibility and free for the population of municipal libraries, other cultural institutions.

Local governments have the right to suspend the entrepreneurial activities of municipal cultural organizations, if it is damaged by the statutory activities of the organization, before the court decision on this case.

In general, at the level of the executive power of municipal entities, management is carried out through district departments, management and commutes of culture.

The most common organizational and managerial model is the Office (Division, Committee) of Culture, which performs the functions of the executive body in the field of culture.

To implement their cultural management functions, legal entities are endowed with the main managers of loans in the amount approved for the subordinate network of estimates.

As a rule, the provisions on the management of culture, where competence and powers are determined, are approved by the decision of the representative body of local self-government, and the charter and structure of the subordinate network are approved by the Decree (Order) of the local government administration.

In the early 1990s In order to efficiently use budgetary funds, as well as to avoid duplication in the work, some cultural management bodies are combined:

with cinema management;

commets for sports and affairs of youth;

tourism management.

Experience has shown that culture and youth policy are closely interrelated, but, unfortunately, at this time not very successfully combined. Although there is the unity of the goals and the community of the forms of their work, but there is no single development plan.

An even more difficult was to combine culture with sports due to the difference in the legal provision of their activities, in particular, in matters of rationing and wages, other problems of a regulatory nature.

The practice of combining cultural management from tourism management deposits in the territories with significant potential of memorable places gave a positive result, since it was possible not only to combine budgets, but also to attract additional funds directly from tourist incomes.

The characteristic disadvantage of existing management models were contradictions between the powers of the authority and real sources of financing its activities. Causes of such a contradiction:

1) Objective - a weak resource base of the local budget, the lack of state norms of material and financial support;

2) Subjective - non-compliance of the actions of managing structures with the requirements of the legislation, the absence of the management of the skill to deal with the budget.

For the current period, it is possible to conditionally allocate five models of management of culture objects at the local government level.

The first model of cultural management, which has a power of attorney from the district committees on the management of municipal property for the operational management of cultural facilities that finance cultural organizations using funds from renting facilities as an additional income of the culture budget.

The second model - management of culture that do not have real estate management rights, as these rights are directly delegated to institutions from the Committee on Municipal Property Management, which are jointly with the cultural management of cultural organizations. The financing of utility costs in this case goes through the management of culture, the rental funds in full return to the Committee on the Management of Municipal Property.

The third model - cultural management, endowed with the rights of the operational management of real estate organizations of cultural organizations that do not possess the status of a legal entity, and at the same time together with the Committee on Municipal Property, which are founders of cultural organizations with the status of a legal entity. Funding of utility costs is carried out through the management of culture, the rental funds are in full return to the Committee on Municipal Property Management.

The fourth model - cultural management, which are founders of cultural organizations that finance utility costs of cultural facilities that are owned by district committees for municipal property management and owned by rural administrations.

The fifth model - cultural management, which are founders of cultural organizations that finance utilities of cultural institutions located in rented premises of other owners, including former trade union buildings.

The relevant local governments, whose competence includes the management of municipal property, as a rule, delegate the powers of the founder by the district cultural authorities. Often, the founders of culture organizations are simultaneously regional management of culture and property management committees, and the Committee on Municipal Property Management in the Constituent Treaty gives the establishment of the right to operational management or delegates this right to regional cultural departments.

As a rule, district cultural management, which are managers of loans for the subordinate network lead financial activities through centralized accounting of cultural management; provide budgetary applications; prepare draft regulatory documents of the municipality on cultural surveys; form and finance the subordinate network; provide material and information resources; Implement investment and creative projects in the spheres of culture and leisure.

In the context of the delimitation of powers between local self-government bodies, the procedure for the management of culture resources is becoming the most important task, taking into account the specifics of its organizational structure and the creation of cultural services, leisure and mass recreation of the population.

The task is to create a management system capable of conducting legal, financial and organizational transformations of municipal cultural institutions. Management is one of the resources of the prospective development of any activity. While liquidation, the discrepancy between the powers, functions attached to the resources, the management bodies can most negatively affect the provision of cultural development processes, and, above all, on the production and distribution process of cultural goods.

The role of a cultural management body at the local government level should be to establish a system for the interaction of the authorities and the management of various levels, as well as the conditions of self-development and partnerships with public organizations and the structures of the social sector in the implementation of cultural policies.

The main functions of the management of local self-government culture.

Coordination of cultural and educational work of organizations and institutions;

Control over the meaningful and financial activities of cultural and leisure institutions;

Methodical and financial assistance to cultural institutions;

Issuing licenses for commercial activities in the field of culture and leisure in the territory;

Conducting public events (reviews, festivals, exhibitions, etc.);

Organization of arrangement of places of mass recreation, cultural services of these places;

Accounting, protection, content restoration of monuments of history and culture of local significance, reserved places;

Interaction with creative unions and public organizations in the field of culture;

Control over the execution of cultural funds of municipal enterprises and the institution, adoption in the necessary cases of measures to centralize them;

Support for folk crafts and rituals;

Development of proposals for the construction, reconstruction and repair of buildings of subordinate organizations, monitoring the performance of work.

Thus, management in local self-government in the field of culture and leisure is a complex of versatile events that allow to significantly increase the cultural level of municipal education.

Having considered the basic issues of culture management at the subject of the subject of the Russian Federation, we consider it necessary to study the main directions of state policy in the field of show business. This is the next section of the graduation work.

2.3 Public Policy in Business Show

Show business, like any other business, oriented on specific consumers, does not depend so much from purchasing power in the country. It was especially well noticeable after the default 1998. Then the number of vehicles touring from the West was reduced almost to zero, and the number of sound recording firms fell 3 times. At the beginning of the 21st century. Show business again began to grow, developing thanks to the growth of the purchasing power of the population and the improvement of Russian laws in the field of copyright protection.

Russian show business is developing in strict accordance with the laws of a market economy. Small companies either disappear or borrowed larger. Major players, in turn, are increasingly occupied by market niches, not leaving the free place of beginners. The most strikingly concentration of entrepreneurial activity is noticeable in the audio market, where such large Russian firms as ARS, "Logovaz - News Corporation", MTV, "Russian Media Group" and Sav Entertainment played a decisive role in the early 2000s. Russia also has all the world's world's worldwide recordings. At first they were limited only by the release of albums of Western performers, but then their contracts with Russian performers were frequent.

Rock music was enormous on the development of the domestic show business. In the 60-70s, along with the official pop, under the influence of the BEATLES BEATLES Group and not only the teams appear, mostly amateur, who fulfilled the music in the style of rock. This direction was called "Youth Music". It is its legalization and an exit to a large scene, as well as the flourishing of the so-called "tape recorder culture" created prerequisites for the emergence and development of this show business in Russia. His story is very interesting and instructive.

Rock music in our country, having passed the wave of pure imitation, by the mid-70s found his own, a completely independent face. Its the basis was not music, not rhythm, but the text, the Russian living word. Very interesting, this thought stressed in an interview with the Moscow Komsomolets newspaper K. Kinchev - the leader of the popular rock band "Alice": "Rock is, first of all, a word in combination with music. Of course, it was perfect to achieve harmony, but we have As a rule, the text dominates music. " The music was as it were in the second plan, served as a certain background, helped to disclose the content of the work. Its melodic and rhythmic basis is easy to primitive, which caused a sharply negative attitude of critics, musicians, ideologues, especially representatives of the Command-Administrative System in the face of cultural bodies. The fact is that at the initial stage, the main attention in the fulfilling activities of our rock musicians focused on mastering sound engineering, and not a musical instrument. And the disadvantages of performing skills were covered with overwhelming sound. It was one of their characteristic signs of rock music. In the speeches of Roca defenders, even theoretical routishes of the volume as a reflection of the dynamics and the rhythm of the modern world appeared. They compared the root of the shock and the powerful sound of electronic tools with the root of cars, the roar of airplanes and space missiles. And only later, in the early 80s, having mastered the wider arsenal of expressive funds by raising the level of performing skills, they will take a worthy place in the Soviet musical stage. Thus, the rock band "Time Machine" and "Autograph" will be in 1980 laureates of the All-Union Festival of Popular Music "Spring Rhythms" in Tbilisi, the Group "Aquarium" and "Dzt", "Brigade C" and Magnetic- Band "," Nuance "and" Cinema "and others.

The characteristic features of the appearance of rock music should be noted. We specifically fold in the rock relationship between the composer and the performer. Very interesting, this thought stressed the composer D. Tukhmanov. Unlike the classic pop song, when the author represented the performer to the partition, a directing or key, the musical material in the rock band is missing, since the functions of the composer and the entrepreneur are compressed.

The rock band is a single organism that creates its own songs, its own style. A composer specializing in rock culture can only exist in the form of an idea that is transmitted to the performers, and only then, in the process of collective creativity, becomes complete. That is, in rock music there is a priority of the artist, not the composer. The second characteristic feature is the relationship between the artist and the audience. They are accomplices of action.

Without mass rock can not exist. Each group creates its image to the public. The characteristic attributes of the "metal" groups: gloves, flickering rivets, sullen stencils on the T-shirts, leather sleeveless, causing hairstyles, and the notorious goat - a symbol of power that ever wants evil. Very precisely, the essence of this phenomenon is described in the publicistic note by E. Dodolev "Inertia Rockism": "If it is pupitive, then in the infectious delight of rock concerts, in all the rumbling joy of merging with aggressive, rebellious sound, which is cruelly commanding" stand ", something . When the viewer feels his link in the chain of the chains of the chain (whether he is in the podium of the stadium or in the auditorium), he takes the mood of the "main silicon": the sea is knee-deep, and intolerance for heretics is fierce. "

Rock, on the one hand, attracted the fact that in their expressive means was very accessible to perception, because the guitar you can play, having learned only a few chords. On the other hand, he represented a wide viewing audience the opportunity to "participate". At the concerts of rock bands, the audience is always active, it immediately responds to the performance of its idols, is included in action. The performance of rock music dictates special requirements for the stage platform, there are no chairs in the parter to directly communicate with the viewer, which turns the concert hall into a huge dance platform (peculiar dance), where you can not only listen to music, but also to dance, singing, challenge. But perhaps the most significant reason for the popularity of rock is the social orientation of the creativity of rock musicians. It was not by chance that he was called "Music Bunth" in due time.

The illegal assignment and use of copyright objects is indicated by the terms "piracy" or "intellectual piracy". These terms are especially well known to each participant of the musical business. Now the video device is filled with illegal and non-license (counterfeit) videotapes. In Russia, piracy adopted not only wide scale, but also sustainable organized forms. On the territory of our state, trading counters are filled with videotapes, CDs, computer programs of pirated origin, they are manufactured and implemented with copyright infringement. The illegal channels of quickly obtaining copies of new audiovisual works, mass replication, are established everywhere.

Piracy causes huge damage to copyright holders, as well as the state budget, seriously affecting the negative plan for economic relations.

Damage to Russia from video poishes, according to domestic and foreign experts, is estimated at $ 5 billion annually.

Piracy makes harm to the economy everywhere. For example, in the US, copying one laser disk with software costs 34 cents, and the retail cost of the same disc is from 100 to 450 dollars. As a result, the profit is up to 1300%.

Because of the pirated operations with the copyright of the US enterprise, during the sale of its products, more than 200 billion dollars lose. These money, as a rule, turn out to be in the accounts of criminal structures operating in the field of intellectual property.

According to US software manufacturers, the amount of pirated products in this world in the world average is 50%, and in some countries 95%.

Why is it so little efficient to fight piracy? You can specify the reasons for both objective and subjective nature.

Of course, investigating crimes related to piracy are conjugate with significant difficulties. The main components are reflected in Table 1.

Of course, there are other reasons. Responsibility for ensuring strictly compliance with copyright in the field of musical business lies to the state.

In 1854, Nikolai I approved the "Rules regarding the establishment of various kinds of public enjoyments and common fun in the capitals", which became one of the first government legislation regulating the development of a pop-concert business in Russia. According to this document, the monopoly right to the organization of concerts, divertisiments and other types of pop speeches in St. Petersburg and Moscow provided a directorate of state-in-laws. This right could have been inflicted by individual entrepreneurs. At the same time, the Directorate of Kaznaya Theaters was entrusted to authorize public views, which were related to the number of pop, and control their repertoire. This meant that all pop views could be given in the capitals exclusively with the permission of the Directorate of Imperial Theaters, under its responsibility and subject to the deduction of the fourth part of the pure collection in the income of the Directorate

The "Rules" was actually called upon to put the concert activity of artists under the strictest control of state structures, to prevent them from uncontrolled communication with a wide audience. It is clear that such a legislation did not contribute to the development of pop. Local authorities who interpreted "Rules" were made exclusively in the restrictive spirit. Thus, private views in St. Petersburg and Moscow could be given with the strictest observance of the following conditions: they should not be dramatic, not accompanied by conversations on stage or singing.

This document played a negative role in the further development of Russian pop.

In the 60s of the XIX century, the government considered "the case, relative to the stage performances in both capitals by private individuals," which was raised about the further restriction of private initiative. Official notice of April 2, 1862, Alexander II secured the monopoly of the imperial theaters on the device of public submissions and spectacle and control over all the types of concert-pop practitioners. It reads: "The Minister of Dvor notifies that on the highest command, public stage submits constitute the exclusive right of imperial theaters, and the withdrawal is allowed only in respect of a charitable goal, while not otherwise, as with the highest permission." The repertoire of the divertisiments and the activities that were arranged on a private initiative were especially limited. But the Directorate of Imperial Theaters encouraged the organization of the tour of foreign pop artists, the repertoire of which consisted of various entertainment genres of Western European pop.

A significant role in the development of the stage was played by Decree Alexander III dated March 24, 1882, which canceled the exclusive right of imperial theaters to give public concerts in the capitals, as well as charged with meetings, clubs and private founders of nationwide fun in the capitals certain parts of the fees. This meant the abolition of all restrictions connecting private initiative and private entrepreneurship, both in the field of theater and concert-pop activities. And although the decree was concerned only from St. Petersburg and Moscow, he influenced the development of pop art in the province, where his performing personnel did not have enough, and therefore metropolitan artists were used. In general, the stage by the end of the XIX century firmly embarked on the rails of market relations and it was from this time that it could be called "show business."

In the USSR, the organization of spectacular events, as well as all other types of production, was under strict state control. For example, the State Concert organized concerts throughout the country, from large cities to collective farms. The requirements for performing skill were pretty great, but the payment of artists depended little on the degree of their popularity.

By 1992, Russian show business almost completely outlived heritage of the Soviet era (as it was later understood, not only negative, but also positive). The monopoly state firm of gramzapsy "Melody" has lost its influence on the market, and the official structures of the State Concerta gave way to private. In 1993, the Law of the Russian Federation on Copyright and Related Rights was adopted, which regulated the "Rules of the game" in the domestic show business.

Thus, the history of copyright legislation over the past three centuries can be viewed as a search for a reasonable balance of interests, a kind of "social contract" between the author and society, or as a continuous number of attempts to "balance" the needs of society in the free stream of ideas and knowledge with interest The author in a fair remuneration for creative work.

The legal framework for the struggle against violations of copyright and related rights in the audiovisual sphere was laid by the Law of the Russian Federation "On Copyright and Related Rights", a characteristic feature of which is its market orientation. This law has significantly expanded the possibilities of owners of copyright and related rights to freely dispose of their rights. Indirectly arms out of it that it is the state that it is intended to support the "unstable balance" between the rights of the individual and the interests of society.

The adoption of the law "On Copyright and Related Rights" made it possible to largely unify Russian legislation with similar legislative acts of European countries, the USA and Japan, which was the possible accession of Russia to the Berne Convention.

The global experience of legal regulation of relations in the field of intellectual property has a complex nature, that is, it includes the provisions of the constitutional, civil, administrative, financial, labor, procedural and even criminal law. The practice of most countries with a high level of intellectual property protection shows that one civilian legal sanctions cannot be eradicated.

The current legislation provides for civil, criminal and administrative responsibility for violation of copyright and related rights. The relevant norms are submitted to the Criminal Code of the Russian Federation and to the Code of Administrative Offenses.

It is appropriate to ask the question: why, when the legal framework was created in Russia, the legal framework for the protection of copyright and related rights, the situation in this area remains out of a series of won.

It is probably the fact that the greatest problems arise with the application of legislation, which, in particular, is evidenced by a few, but contradictory judicial practice.

Blaze Pascal said once that the only prerogative of power is protection. And this is true, because if the law gives the right, he should also give the means of protection. Actually the protection of the right is nothing but its real, in the necessary cases of compulsory implementation. Moreover, the state is designed to ensure the distribution of "expenses and income" of people depending on their behavior in relation to the right.

The solution of this task is currently difficult. Legislation contains sufficiently effective mechanisms for protection against the illegal use of copyright and related rights, but not always these mechanisms are implemented in practice. The most common violation of copyright and related rights is the use of relevant facilities without issuing contractual relations with copyright holders. The reasons for this provision will often be completely linked not only in economic, but also in non-economic factors, which sometimes affect the level of security at no less.

Currently, when the creation of a legislative framework is almost completed, the main task that is facing Russia in the field of copyright is the organization of a reliably existing law enforcement mechanism. This, in turn, means that some impulse is needed for the powerful departments, since the rights to fight video photocratic, they, as we see, are there.

But there is always always Russian indecision, waiting for the head of the authorities, misunderstanding the problem. Such attitude follows from a lack of knowledge about the scale of this phenomenon, about the profits obtained by violators and the role of organized crime in this area.

Mental law enforcement officers should be aware that copyright violations lead to significant direct and indirect losses of state revenues. The actions of the "pirates" cause very significant damage to the Russian budget, which is currently even difficult to accurately appreciate. It can only be noted that the "Industry of Show Arts" gives the US budget about $ 180 billion annually.

In addition, persons involved in the "video poishes" are often involved in other types of crimes, for example, laundering of profits obtained by criminal means, the struggle for the territory (sales markets) conducted by criminal methods. It is often finding out that "pirates" copy show programs and performances by pop creative teams on stolen equipment.

A good method of localization of "piracy" is to concentrate on the sources of illegal copying. To do this, it is easy to start in this area a planned job, develop operations, to establish the sales paths of illegal products. Such investigations, of course, will require considerable time and tremendous effort, but the result will not make yourself wait.

Currently, according to forensic arbitration statistics, cases associated with the protection of intellectual property are one of the most "vigorous" growing categories of cases considered in arbitration courts (only in 2002, an increase in the amount of affairs of this category was 66.9%, "Restarting" only "the increase in" cases related to the legislation on securities).

The federal law "On licensing certain types of activities" provides for the obligation of licensing such activities such as reproduction and distribution of copies of audiovisual works on any types of carriers, the implementation of essential, satellite, cable television broadcasting. And monitoring the compliance of the licensee's activities to the requirements of the legislation is also imposed on licensing authorities. Exercise control for himself - not correctly and not justified. This provision should be changed. Moreover, the licensing authority is often trying to impose those who do not have the functions of interpretation of laws, the evaluation of the "existence" of the offense and the application of sanctions against the violator -Rerogatives inherent in the bodies of the judiciary.

The provision "On licensing television broadcasting and radio broadcasting in the Russian Federation" provides for one of the grounds for canceling a license for television broadcasting "Systematic violation of copyright and related rights." Undoubtedly, this is a strong "lever" to affect the unfair broadcaster.

However, in practice, it is difficult to ensure a proper evidentiary base, especially if the licensing authority does not have territorial units.

The process itself finds it difficult to prove not only the presence of grounds for licensing, but also the "systematic" of violations of this species, as well as every specific violation of copyright and related rights separately.

In addition, it should be borne in mind that in Russia any problem easily acquires a political "color" than also often enjoy the offenders.

The Constitution of the Russian Federation establishes at least 17 legal norms protecting the rights of authors and thereby intellectual potential as a state resource. Thus, the Constitution of Russia actually sets up a society that the state policy in the field of copyright and related rights should be aimed at ensuring a rational and balanced combination of the interests of the creators of works in terms of the maximum possible protection and protection, stimulating creativity as a special type of activity for interests. All society.

On the basis of Article 44 of the Constitution of the Russian Federation, everyone is guaranteed by freedom of literary, scientific, technical and other types of creativity.

At the same time, in accordance with paragraph "O" of Article 71 of the Constitution of the Russian Federation, the legal regulation of intellectual property is related to the exclusive maintenance of the Russian Federation.

At the same time, it should be borne in mind that the concept of "intellectual property" includes including copyright and related rights.

It is an objectively expressed result of intellectual activity that can participate in economic circulation, becoming a product can function in the market. Such an object must and can be protected by the state with the help of law.

Copyright is basically a legal expression of awareness of the state of the importance of conservation of culture to preserve and develop society. Support and protection of creativity, the protection of the results of intellectual activity is directly related to the protection of the freedom of personality, human rights.

Contributing to the creation of conditions for creative labor, providing legal recognition and protection of the achieved creative results, enshrining the authors of the right to use the works created by them and receive income from such use, copyright at the same time creates conditions for the use of works in the interests of society, in order to education and enlighten , familiarize yourself with the widest audience with cultural heritage and new creative achievements.

In the Jurisprudence section on copyright in music show business, many curious subtleties. Many performers, actors, musicians, songwriters, music publishers, directors, including the most famous, tried to figure out what copyright is, as the fee is calculated, how tax planning is carried out and so on.

Copyright applies to works of science, literature and art, regardless of the form, appointment and dignity, as well as from the method of their reproduction (they can be published, or not, should be expressed in any objective form that allows you to reproduce the result of the creative activities of the author-performer : film, mechanical or tape recorder, etc.).

works are dramatic and musical and dramatic with text or without text;

scenarios, scenario plans;

movies, television films, radio and television transmissions;

the works of choreographic and pantomimes, with respect to the performances there are instructions set out in writing or in other ways;

works of painting, architecture, graphic and decorative and applied arts, illustrations, drawings, drawings; Plans and sketches refer to the scene formulations;

works expressed using a mechanical or other technical record;

2. Independentity of the work;

3. To receive remuneration for the use of the work by other persons, except the cases indicated in the law.

It should be borne in mind that at present the parties are free to determine the size of the author's remuneration. Remuneration rules will be discussed below.

Protection of the inviolability of works and name of the author during his life:

1. With any use, the work is being processed without the consent of the author, to make any changes to both the work itself and in its name, and in the designation name of the author;

Using the work of the author by other persons (including translation into another language) is not otherwise allowed on the basis of a contract with the author or its successors. The right to remuneration for the use of a work translated into another language belongs to the author of the original in all cases, except those indicated in the above-mentioned law.

2. This right does not impede other persons to use the same work to create a new work.

1. acts throughout the life of each of the authors and passes inheritance