The legal nature of cultural rights and freedoms of man and citizen in the Russian Federation

Introduction. In the Russian Federation, the interest in cultural issues is growing every year both at the state level and in society. Development of infrastructure in the cultural sphere, implementation of cultural initiatives and projects by citizens of the Russian Federation have a significant impact on ensuring cultural rights and freedoms. These factors predetermine the feasibility of studying cultural rights and freedoms as a constitutional value, identifying their legal nature, including specific features. Theoretical analysis. The authors reveal the legal nature of cultural rights and freedoms. This nature includes both general features inherent in the entire institution of human and civil rights and freedoms, which is confirmed by the unity of all human and civil rights and freedoms as a constitutional value, and the substantive features of this subgroup of rights and freedoms, the presence of an internal system of cultural rights and freedoms. It was revealed that in the science of constitutional law there are no comprehensive works devoted to the analysis of cultural rights and freedoms, their system, features, implementation mechanism and guarantees. It is the presence of these factors that predetermined the feasibility of analyzing the legal nature of this subgroup of rights and freedoms. The legal nature of cultural rights and freedoms is determined by the guarantees of the Constitution of the Russian Federation and the details in the industry legislation. Empirical analysis. It was demonstrated that the current legislation in the field of culture is partially outdated, does not meet the challenges of the time and requires the adoption of new legislative acts, in particular, a new law on culture. In addition, there are problems in the normative and legal regulation of these rights and freedoms (since there are no federal laws regulating certain types of cultural activity, in particular, crafts). Results. The result of the study was the analysis of the legal nature of cultural rights and freedoms as a constitutional value. The main cultural rights and freedoms represent a single system associated with other rights and freedoms and having both the characteristics, inherent in all rights and freedoms, and specific ones, characteristic only of this group of rights and freedoms. In addition, cultural rights and freedoms have their own internal hierarchy. The allocation of subgroups of cultural rights depends on the type of human cultural activity. Recommendations for improving the current legislation in the sphere of culture were given.

legal nature, general features of rights and freedoms, features of cultural rights and freedoms of man and citizen