The Signs of the Subject of a Crime under Article 243.2 of the Criminal Code of the Russian Federation

Abstract

Introduction. When studying history, the results of the work of archaeologists play a significant role. At the same time, for science, only those studies that are conducted by scientists on the basis of a state-issued permit (the so called open sheet) are of value. In accordance with the permit, scientists are required to provide reports on the excavations carried out and information about the objects found. This is what distinguishes professional archaeologists from non- professional history enthusiasts. Such enthusiasts dig atr archaeological sites because of their interest, to create private collections and to sell items of historical value in antique markets. By their actions, they commit crimes against cultural heritage. This makes it necessary to study the characteristics of the subject of the crime provided for in art. 243.2 of the Criminal code of the Russian Federation in order for criminal officers to properly deal with crimes in the field of archeology. Theoretical Basis. Methods. The research is based on general scientific and special research methods. The theoretical base consists of the works of domestic and foreign scientists in the field of law, history, archaeology, as well as the experience of competent authorities in the field of cultural heritage preservation. Results. The analysis of the work of the competent authorities and the study of legal literature led to the conclusion about the problems associated with the attribution to the subject of crime of persons searching for archaeological objects without obtaining a state permit. Discussion and Conclusion. Taking into account the accumulated international experience of countering illegal archaeology, studying domestic law enforcement practice, it is concluded that it is necessary to clarify the characteristics of the subject of the crime by making changes to the disposition of part 1 of art. 243.2 of the Criminal code of the Russian Federation.