Preview

Proceedings of Southwest State University. Series: History and Law

Advanced search

General Characteristics of the Syrian Antiquities Protection Law

https://doi.org/10.21869/2223-1501-2022-12-6-155-164

Abstract

Relevance. One of the most important tasks of the state at the present stage of development is to preserve the universally recognized achievements of the cultural and historical life of our ancestors. Respect for one's past is of particular importance for the formation of a national ethno-cultural identity. The Syrian legislation has a unique character in this part, where at the same time a criminal law norm and a norm of the Law on the Protection of Historical Monuments can be applied to the perpetrator. Despite the fact that the Law on the Protection of Historical Monuments is an integral part of criminal legislation, it defines the rights and obligations of both individuals and legal entities, specifies the powers of state bodies, i.e. performs not only a protective, but also a regulatory function. The ongoing armed conflict in Syria, when historical monuments are being destroyed, underlines the urgency of the study of protective legislation.
The purpose of this study is an in-depth characterization of the law on the protection of cultural and historical heritage monuments, the development of theoretical provisions and recommendations for improving the legislation of the protection law and protection of cultural and historical heritage monuments.
Objectives. These goals lead to the formulation and solution of the following tasks: to present the concept and types of objects of cultural and historical heritage; to determine the specifics of the legal regulation of the order of preservation of ancient monuments; to identify problems and propose ways to solve them in the field of regulation of the protective legislation of Syria of cultural heritage objects.
Methodology. In the course of the study, the subsequent methods were used: analytical, formal-legal, and abstraction methods, which make it possible to formulate the main conclusions.
Results. Proposals have been formulated that may be useful in the development of the Law on Antiquities.
Conclusion. The present study tackles issues such as the definition of ancient monuments, their types, the provisions on the right of ownership and some legal norms according to which these monuments are protected, as well as on the types of crimes committed against cultural heritage objects.

About the Author

Manaf Saker
Southwest State University
Russian Federation

Post-Graduate Student of the Department of Criminal Law

50 Let Oktyabrya Str. 94, Kursk 305040



References

1. Amin Ahmed Al-Hudaifi. Criminal protection of historical monuments. Cairo, Egypt, Dar an-Nahda al-Arabiya, 2007. 112 p. (In Arabic.)

2. Ahmed Helmi Amin. Protection of historical monuments and works of art. Riyadh, Saudi Arabia, Amin Publishing House and Training Center, 2007. 25 p. (In Arabic.)

3. Al-Abdullah Suleiman Abbas. Criminal protection of historical monuments in Arab legislation. Cand. legal sci. diss. Aleppo, Aleppo University, 2015. (In Arabic.)

4. Mohammed Samir Mohammed. Criminal protection of historical monuments, comparative research. Cand. legal sci. diss. Cairo, Faculty of Law, Cairo University, 2012. (In Arabic.)

5. Al-Harkan Khalid Mohammed. Systematic protection of historical monuments in the Kingdom of Saudi Arabia and in the Arab Republic of Egypt. Riyadh, Naifa Arab University of Security Sciences, Faculty of Postgraduate Education, 2010. (In Arabic.)

6. Mahmoud Said. Criminal Protection of historical monuments, comparative research, Cand. legal sci. diss. Algeria, Gilali Liabis -Sidi Bel Abbes University, Faculty of Law and Political Science, 2018. (In Arabic.)

7. Hamadou Fatima. Legal protection of historical monuments in the light of national legislation and international conventions. Cand. legal sci. diss. Algeria, Gilali Liabis -Sidi Bel Abbes University, Faculty of Law and Political Science, 2019. (In Arabic.)

8. Tariq Al-Kurdi. The Syrian Law on the Protection of Historical Monuments "comparative study", a study for obtaining a diploma in private law. Beirut, Arab University, 2006. (In Arabic.)

9. Issa Mahoul. Criminal Protection of Historical Monuments in Syrian Legislation. Journal of Economic and Legal Sciences of Damascus University, 2019, vol. 35, first is. (In Arabic.)

10. Ibrahim Mohammed Al-Adnani. Legal protection of human heritage and the environment during armed conflicts. First ed. Lebanon, Halabi Publications, 2010. (In Arabic.)

11. Salam Saleh al-Rahaifa. Protection of cultural values during armed conflict. First ed. Dar Al-Hamid, Jordan, Publishing and Distribution, 2012. (In Arabic.)

12. Mohammed Samir. Criminal liability of the restorer of historical monuments, comparative study. Dar al-Nahda al-Arabiya, Egypt, 2016. (In Arabic.)

13. Musa Bu Dahan. The legal system for the protection of national heritage. First ed. Algeria, Publishing house and distribution of "Dar Al Huda", 2013. (In Arabic.)

14. Izzedin Osmani. Criminal protection of monuments and cultural values. Cand. legal sci. diss. Tabsi, Faculty of Law of the Arab University of Tabsi, 2017. (In Arabic.)

15. Khaled Saad. Together with Professor Hans, Zenobia, Queen of Palmyra and the East. First ed. Damascus, Salhani Press, 2006. (In Arabic.)

16. Samir Farnan Bali. Law on the Protection of Historical Monuments. First ed. Beirut, Lebanon, Halabi Publ., 2009. (In Arabic.)

17. Izzedin Galina. International protection of cultural property during armed conflict. Cand. legal sci. diss. Tlemcen, Abu Bakr Belkaid University, 2017. (In Arabic.)

18. Omar Al-Kassab. Reading the Law on the Protection of Syrian Historical Monuments. Police Journal of the Ministry of Internal Affairs of the Syrian Arab Republic, 2008, no. 478. (In Arabic.)

19. Barea al-Qudsi. Code of Criminal Procedure. Damascus, Publ. of the University of Damascus, pt. I. 158 p. (In Arabic.)

20. Abboud al-Sarraj. Explanation of the General Criminal Code. Damascus, Syria, Publ. of the University of Damascus, 2014. 254 p. (In Arabic.)


Review

For citations:


Saker M. General Characteristics of the Syrian Antiquities Protection Law. Proceedings of Southwest State University. Series: History and Law. 2022;12(6):155-164. (In Russ.) https://doi.org/10.21869/2223-1501-2022-12-6-155-164

Views: 132


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2223-1501 (Print)