Особенности правового регулирования деятельности музеев

Abstract

The purpose of the study is to identify the specifics of the legal regulation of museums, analyze the legal nature of "museum law", and determine the legal content of this right.Theoretical foundationsIn this paper, methods of analysis, comparison and generalization are used in the development of the research topic.The legal uncertainty regarding the essential content of museum law generates many different approaches in theory. Such a disjointed understanding of the subject under study does not allow us to determine its legal nature and is a prerequisite for additional analysis.The author notes that "museum law" belongs only to the museum, which is assigned the right of operational management of museum objects. Thus, there is a special legal entity, which is the museum itself, and which, by virtue of the law, has the corresponding right. This is the right to transfer the rights to use reproductions of museum objects and museum collections for commercial purposes, as well as a special right to publish fine, printed, printed and other replicated products and consumer goods using images of museum objects and museum collections. However, this right is not defined in the law. This right is similar in nature to the exclusive right to the result of intellectual activity, but does not coincide with it. If the term of the exclusive right is limited, it is alienable and the subject of this right is not strictly defined, then the "museum right" is indefinite and inalienable. However, in theory, there are different points regarding the duration of this right.Results and conclusionsCurrently, there is no unified approach to defining the legal nature of "museum law"; it is considered both a separate branch of law and a separate subjective private law. There is a need to continue scientific research in order to resolve the existing uncertainty regarding the legal nature of museum law.The results of the study can be used to conduct further scientific research on this and related issues, including as a theoretical basis for studying the problems of reproduction of museum objects, and can also become a starting point for research into the legal aspects of museum legislation and legislation in the field of intellectual property.