Abstract:
In the scientific article on the basis of studying the legislation of foreign countries the comparative legal analysis
of legal regulation of cultural rights is given. The article analyzes the impact of universal and regional international
treaties that enshrine cultural human rights on the constitutional legislation of a number of European
States. The inclusion of cultural rights in the category of constitutionally enshrined is one of the features
of the development of the legislative process in many countries of the world since the second half of the
XX century. The purpose of the article is to show the development of «cultural law», and the task is to reveal
the concept of cultural law on the example of the analysis of the legislation of the CIS countries and some
Western European countries. Attention is drawn to the fact that the constitutions of European countries do not
directly provide for the right of access to cultural property as a set of legal institutions, but a number of laws
contain certain elements of this right. The methodological basis of this scientific work was dialectical, systemic,
comparative legal, normative and other methods of cognition. The conclusion is formulated that the
task of each state is not only their detailing in the national legislation, but also practical implementation for
the purpose of preservation and rational use of the cultural heritage. It is concluded that the study of foreign
experience of legislative regulation of cultural rights provides ample opportunities for its use in practice.
