Peculiarities of the legal status of cultural monuments during the Russian-Ukrainian war

The issue of protecting and preserving cultural monuments of Ukraine has become acute in the conditions of the occupation of part of the territory of Ukraine by the Russian Federation, since a significant part of the cultural heritage of our state as a heritage of the entire world community is under threat. The purpose of this article was to study the legal status of cultural monuments, mechanisms for the legal protection of Ukrainian monuments during the war by analyzing international treaties and national legislation. The research methodology included the use of various scientific methods to achieve the set goal, in particular: theoretical analysis of literature, comparison, formal legal method and documentary analysis. During the study of the topic, it was found that the protection of cultural monuments in the conditions of the Russian-Ukrainian war covers both humanitarian and criminal aspects. An analysis of individual scientific investigations on the protection, preservation and use of cultural monuments in armed conflicts was conducted. The main attention is paid to international and national legal norms that regulate the protection of cultural monuments, as well as an analysis of their application in practice. Using the example of the ancient city-museum of Chersonesos (a UNESCO World Heritage Site), the article highlights the issues of violations of international humanitarian law and the difficulties in implementing measures to protect cultural heritage in conditions of armed aggression and countering illegal actions in conditions of long-term occupation. An analysis of the norms of international conventions ratified or signed by Ukraine, namely: the European Convention on the Protection of the Archaeological Heritage, the Convention for the Protection of the Architectural Heritage of Europe, the Convention for the Protection of Cultural Property in the Event of Armed Conflict, provides grounds to state the fact that the protection and preservation of cultural heritage is an international legal obligation of our state to the world community. The article examines the interaction of state bodies of Ukraine, international organizations and public initiatives in the field of monument protection. The results of the study are aimed at raising public awareness of the importance of preserving cultural heritage as an important component of national identity, as well as at strengthening legal guarantees for its protection in conditions of war.

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2025-05-31
DOI
https://doi.org/10.24144/2307-3322.2025.88.4.10
Primary Topic
Archaeological Research and Protection
Type
article
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article

Peculiarities of the legal status of cultural monuments during the Russian-Ukrainian war

K. M. Мelnykova, N. V. Humenna, Natalia Kalyniuk
Uzhhorod National University Herald Series Law
Archaeological Research and Protection
article

Peculiarities of the legal status of cultural monuments during the Russian-Ukrainian war

K. M. Мelnykova, N. V. Humenna, Natalia Kalyniuk
article en

Abstract

The issue of protecting and preserving cultural monuments of Ukraine has become acute in the conditions of the occupation of part of the territory of Ukraine by the Russian Federation, since a significant part of the cultural heritage of our state as a heritage of the entire world community is under threat. The purpose of this article was to study the legal status of cultural monuments, mechanisms for the legal protection of Ukrainian monuments during the war by analyzing international treaties and national legislation. The research methodology included the use of various scientific methods to achieve the set goal, in particular: theoretical analysis of literature, comparison, formal legal method and documentary analysis. During the study of the topic, it was found that the protection of cultural monuments in the conditions of the Russian-Ukrainian war covers both humanitarian and criminal aspects. An analysis of individual scientific investigations on the protection, preservation and use of cultural monuments in armed conflicts was conducted. The main attention is paid to international and national legal norms that regulate the protection of cultural monuments, as well as an analysis of their application in practice. Using the example of the ancient city-museum of Chersonesos (a UNESCO World Heritage Site), the article highlights the issues of violations of international humanitarian law and the difficulties in implementing measures to protect cultural heritage in conditions of armed aggression and countering illegal actions in conditions of long-term occupation. An analysis of the norms of international conventions ratified or signed by Ukraine, namely: the European Convention on the Protection of the Archaeological Heritage, the Convention for the Protection of the Architectural Heritage of Europe, the Convention for the Protection of Cultural Property in the Event of Armed Conflict, provides grounds to state the fact that the protection and preservation of cultural heritage is an international legal obligation of our state to the world community. The article examines the interaction of state bodies of Ukraine, international organizations and public initiatives in the field of monument protection. The results of the study are aimed at raising public awareness of the importance of preserving cultural heritage as an important component of national identity, as well as at strengthening legal guarantees for its protection in conditions of war.

Uzhhorod National University Herald Series LawVol. 4(88)
Weatherford College (US)
Openalex Percentile: Top 90%
Archaeological Research and Protection
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