CULTURAL INSTITUTIONS AS A VARIETY OF NON-PROFIT ORGANIZATIONS
Journal Title: Право та інноваційне суспільство - Year 2016, Vol 7, Issue 2
Abstract
Problem setting. Today, with the rapid expansion of the art objects market, the problem of civil circulation of cultural property become actual, as well as the issues of subjects of relevant legal relations. Among the variety subjects that have rights to cultural values, cultural institutions attract special interest, due to their special legal status. Analysis of resent researches and publications. In recent times researches of non-profit organizations have been conducted by such scientists as M. K. Halyantych [1], O. N. Gura [2] V. V. Cochin [3], I. V. Spasibo-Fateeva [4], N. Yu. Filatov [5] and others. However the issues of cultural institutions participation in civil relations have not been studied in the legal literature. Target of research. The purpose of this article is a comprehensive research of the system of cultural institutions as non-profit organizations that can act as subjects of civil relations on cultural values. Article’s main body. Cultural institutions may be established in order to profit in the cultural sphere or without mentioned goal. The aim of the latter is to create conditions for the development of human creativity, for collection, storage, using and dissemination of information on material and spiritual cultural values, scientific developments and to ensure the integrity of the cultural space of Ukraine, and for availability of national cultural heritage, for respecting the rights of citizens on culture, etc. Such institutions could be attributed to non-profit organizations. We’re talking about library, archive institutions, museums, parks, theaters, created by state or municipal funds and others. Conclusions and prospects for the development. Thus, non-profit cultural institutions of Ukraine are quite diverse. The legislation that regulated its activities needs improvement, the first: the law must determine the order of its creation, its legal form and constituent documents agreeing all this provision with the Civil Code of Ukraine. The second, the special laws should establish the specificity of an institution as a legal entity and the legal regime of property. The third, clear distinction between commercial and non-profit institutions should be made. The fourth, the purpose and activities of nonprofit cultural institutions also should be defined.
Authors and Affiliations
T. V. Dudenko
Keywords
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