The modern culture of Russia in the 21st century requires a multilateral and deep examination. It is closely related to the past centuries. Its current state of culture is directly related to the accumulated experience. Perhaps, outwardly, she somewhat denies him, to some extent even plays with him. Next, let's take a closer look at the current state of culture in Russia.

General information

The culture of modern Russia is part of the global one. She transforms, recycles and absorbs new trends. Thus, in order to trace the development of culture in modern Russia, one must pay attention to world phenomena in general.

Today's situation

Nowadays the problems of the modern are of paramount importance. First of all, we are talking about a powerful factor in social development. Culture permeates every aspect of human life. This applies both to the foundations of material production and needs, as well as to the greatest manifestations of the human spirit. The culture of modern Russia is increasingly influencing the solution of program goals. In particular, it concerns the building of a rule-of-law state, the disclosure of human creative abilities, strengthening and culture in modern Russia has an impact on many areas. This applies to personality, lifestyle, thinking, leisure, everyday life, work, and so on. There is a special institution - the Department of Culture. Depending on the status, he decides and coordinates certain issues. As for its social influence, it acts, first of all, as a necessary aspect of the activity of a social person. That is, it is observed that it is regulated by certain rules that have been accumulated in traditions, symbolic and sign systems, and new trends.

The main difficulties

Today, the development of culture in modern Russia is fraught with a number of issues. They were set by the very life of society. Currently, all guidelines are aimed at something qualitatively new. Thus, there is a sharp turn in the understanding of innovative and traditional trends in social development. On the one hand, they are required in order to deeply master the cultural heritage. On the other hand, you need the ability to go beyond the usual notions that have already outlived theirs. The Department of Culture should also undergo corresponding reorganization changes. It also requires overcoming a number of reactionary traditions. They have been planted and developed over the centuries. These traditions were constantly manifested in the consciousness, behavior and activities of people. To adequately address these issues, it is necessary to understand how culture develops in modern Russia.

Impact of progress

The emergence of the modern world has contributed to significant changes in human consciousness. People's gazes are turned to the limits of life. Self-awareness turns into a trend. The orientation towards their historical and cultural forms was renewed. The future is seen primarily in the processes of expanding international relations. All countries should be involved in the world cultural and historical process. There have been significant social changes. Questions about the originality and peculiarities of Russian culture come to the fore.

Information about general trends

What features of the culture of modern Russia can be seen now? There are a number of specific problems. Foreground is innovation and tradition in the cultural space. Thanks to the stable side of the latter, there is a translation and accumulation of human experience from a historical point of view. As for traditional societies, here the assimilation of culture is carried out through the confession of the examples of the past. Within the framework of tradition, of course, there may be minor variations. In this case, they represent the basis for the functioning of culture. From the point of view of innovation, creativity is much more difficult.

Progressive and reactionary tendencies

Creating a culture out of nowhere is not possible. Previous traditions cannot be completely discarded. The question of the attitude towards cultural heritage concerns not only its preservation, but also development in general. In this case, we are talking about creativity. Here, the universal merges with the unique. The culture of the peoples of Russia, or rather its values, are undeniable. There is a need to distribute them. Cultural creativity is a source of innovation. It is involved in the process of general development. A reflection of a wide range of opposing trends in the historical era can be traced here.

Features of the structure

What is culture in modern Russia now? Briefly considering its content, it can be noted that it is divided into several different areas:

1. Religion.
2. All forms in which the spirit of the people is manifested.
3. Art.
4. Technics.
5. The science.
6. Legal proceedings.
7. Social and political structure.
8. The nature of the army.
9. Economy.
10. Statement of upbringing.
11. The nature of work, settlements, clothing.
12. Writing and language.
13. Customs.
14. Morals.

In this case, the history of culture for understanding the level of its development is of paramount importance.

Modern realities

Now culture finds its embodiment in a multitude of created spiritual and material phenomena and values. This applies to new elements such as:

Upon closer inspection, it becomes clear that the cultural sphere is not homogeneous. The fact is that each component has common boundaries - both chronological and geographical. The culture of the peoples of Russia, in particular, its originality, is inseparable. She is in constant interaction. Dialogue takes place between many distinctive cultures. Interaction takes place not only in the present tense. It also affects the past-future axis.

The main differences

Distinction and culture took place already in the 20th century. The latter, as before, is filled with positive meaning. As for civilization, it has a neutral characteristic. In some cases, there is a direct negative "sound". Civilization is synonymous with material structure. We are talking about a fairly high level of mastery of the forces of nature. This is a powerful technological advance. He certainly contributes to the achievement of material wealth. In most cases, civilization is associated with the development of technology. This can be used for a wide variety of purposes. At the same time, culture has drawn as close as possible to spiritual progress.

Development features

The formation of a new image of culture is one of the most interesting moments. As for the traditional vision of world heritage, it is primarily associated with organic and historical integrity. The new image of culture boasts many associations. This concerns ideas, on the one hand, of the universal human ethical paradigm, and on the other hand, of a cosmic scale. In addition, a new type of interaction is being formed. It is expressed in the rejection of a simplified rational scheme for solving cultural problems. Nowadays, understanding other people's points of view is becoming more important. The same can be said for the following:

Given this logic of cultural communication, it is easy to understand that the principles of action will be appropriate.

Tipping points

It will be about the beginning of the 90s. last century. The national culture of Russia is still influenced by that period. Events developed under the influence of many factors. An accelerated disintegration of the unified culture of the USSR took place. Many national divisions were formed, for which the values ​​of the aggregate culture of the Soviet Union turned out to be unacceptable. This also applied to traditions. Not without a sharp opposition of different national cultures. In this regard, the tension grew. As a result, a single socio-cultural space disintegrated. The system, which used to be organically linked with the previous history of the country, found itself in a new economic and political situation. A lot has changed dramatically. This also applies to the relationship between authorities and culture. The state was no longer going to dictate its terms. Thus, the culture has lost its guaranteed customers.

Ways of further development

The common core of culture has disappeared. Its further development has become the subject of heated debate. The range of searches was very wide. This is a huge number of options - from apologizing for isolationism to following the models of the West. There was virtually no unified cultural idea. A certain part of society perceived this situation as the deepest crisis. This is what Russian culture came to at the end of the 20th century. At the same time, some believe that pluralism is the natural norm of a civilized society.

Positive points

The spiritual culture of modern Russia is closely interconnected with the elimination of the ideological barriers of that period. The fact is that this provided favorable opportunities for its development. However, in the course of this process, there was some loss of national characteristics. This was due to the economic crisis that the country was going through and the difficult transition to market relations. In the mid-90s, it was in the stage of an acute crisis. The country's striving for market development was a priority. Thus, certain spheres of culture simply could not exist without the support of the state. The chasm between mass and elite forms continued to deepen. The same applied to the older generation and youth. The unequal access to the consumption of goods, both cultural and material, increased sharply. The combination of the above reasons led to the emergence of a "fourth estate" in the country. We are talking about the mass media, which began to occupy the first place in culture. As for modernity, the following elements are intertwined in the most bizarre way:

1. Anarchy and statehood.
2. Demonstrative apoliticality and huge deliberate politicization.
3. Selfishness.
4. Individualism and collegiality.
5. Collectivism.

Role of the state

The revival of culture is the most important condition for the renewal of society. This fact is quite obvious. As for specific movements along this path, they remain the subject of fierce discussions. In particular, this concerns the role of the state in this process. Will it interfere with and regulate culture? Or perhaps she can find her own means of survival? There are several points of view on this matter. Some believe that culture needs to be free. This also applies to the right to identity. Thus, the state will undertake the development of strategic tasks for the "construction" of culture, as well as the responsibility for the protection of the national heritage. In addition, financial support of values ​​is needed. Nevertheless, all these issues have not yet been resolved. We are talking about the specific implementation of these provisions. Many believe that the state has not yet fully realized the fact that culture cannot be left to business. It needs to be supported, just like science and education. This comes to the fore in matters of maintaining the mental and moral health of the country. Domestic culture has many conflicting characteristics. Nevertheless, society cannot afford to be detached from its national heritage. Culture is disintegrating, and it is not adapted to transformations.

Possible options

As for the development paths, in this case there are many conflicting opinions. Some talk about the possible strengthening of political conservatism. That is, the situation can be stabilized on the basis of Russia's identity. In addition, the country's special path in history should be highlighted. Nevertheless, it can again lead to the nationalization of culture. In this case, we are talking about the implementation of automatic support for heritage and traditional forms of creativity. In other ways, foreign cultural influences are inevitable. Thus, any aesthetic innovation will be significantly hampered. What role can the conditions for Russia's integration play? It is worth taking into account the impact from the outside. Thanks to this, the country can be turned into a "province" when compared with global centers. Dominance of alien tendencies is possible in domestic culture. However, the life of society will become more stable. In this case, the commercial self-regulation of the structure plays an important role.

Key Issues

Of course, we are talking about the preservation of the original national culture. It is also worth noting the importance of its international influence. Cultural heritage is being introduced into the life of society. Russia can join the system of universal human principles. In this case, she will become an equal participant in world artistic processes. The state must intervene in the cultural life of the country. The presence of institutional regulation is an urgent need. Only in this way will the cultural potential be fully utilized. State policy in the relevant areas will be radically reoriented. So, within the country, there will be an accelerated development of many industries. It should also be mentioned that physical culture in modern Russia has emerged from the crisis and is developing at a moderate pace.

Final points

The presence of numerous and contradictory tendencies is characteristic of modern domestic culture. In this article, they have been partially indicated. As for the current period in the development of national culture, it is a transitional one. It is also safe to say that there are certain ways out of the crisis. What is the past century as a whole? This is a highly controversial and complex phenomenon. It is also greatly aggravated by the fact that the world was conditionally split into two camps for a long time. In particular, this applies to ideological characteristics. Thus, the cultural practice was enriched with new ideas and problems. Global issues have forced humanity to accept the challenge. This was reflected in world culture as a whole. And not only on it. The same can be said about each national heritage separately. In this case, the dialogue of different cultures is a decisive factor. As for Russia, it is necessary to develop and adopt a correct strategic course. It should be noted that the situation in the world is constantly changing. Solving the "cultural" problem is a very difficult task. First of all, we are talking about the need to understand the existing deep contradictions that are inherent in domestic culture. And this applies to all of its historical development. Russian culture still has potential. It is sufficient to provide answers to the challenges posed by the modern world. As for the current state of Russian culture, it is very far from ideal. There is a need for a change in thinking. Currently, it is more focused on maximalism. In this case, a radical coup is needed. We are talking about a real reorganization of everything and everyone, and in the shortest possible time. The development of domestic culture will certainly be difficult and long.

culture art public administration

The right to participate in cultural life and use cultural institutions, as well as access to cultural values ​​of every citizen of the Russian Federation is guaranteed by the Constitution of the Russian Federation (Article 44).

The transformations carried out in Russian society could not but affect the cultural life, which in the last decade has been influenced by two opposite tendencies noted in the Federal Target Program "Culture of Russia (2001-2005)", approved by the Decree of the Government of the Russian Federation of December 14, 2000 No. 955 :

1. The formation of the democratic foundations of the state led to the growth of the creative initiative of citizens, the emergence of theaters, museums, creative teams and associations. The freedoms received by cultural figures and organizations provided optimal conditions for its development. Accordingly, new types of consumers and customers of professional art have emerged, building their relationships with artists on market conditions.

2. At the same time, the state has consistently reduced its participation in supporting national culture, believing that the emerging market will solve the emerging problems. As a result, the influence of culture on Russian society began to decrease, on the formation of positive attitudes and value orientations of citizens.

Culture at the present time, as well as many years ago, is one of the most important areas of activity of the Russian state, inextricably linked with the economic and socio - political life of society. From a legal point of view, in general, the legislative basis for the development of the cultural sphere in our country has already been formed.

The concept of culture includes many aspects of the spiritual sphere of human life. The most important areas of cultural activity are defined in the Fundamentals of the Legislation of the Russian Federation on Culture of October 9, 1992, including: identification, study, protection, restoration and use of monuments of history and culture; fiction, cinematography, stage, plastic, musical art, architecture and design, photography, other genres and types of art; folk arts and crafts, folk culture in such manifestations as languages, dialects and dialects, folklore, customs and rituals, historical toponyms; amateur (amateur) artistic creation; museum work and collecting; book publishing and librarianship, as well as other cultural activities related to the creation of printed works, their distribution and use, archiving; television, radio and other audiovisual media in terms of the creation and dissemination of cultural values; aesthetic education, art education, pedagogical activity in this area; scientific research of culture; international cultural exchanges; production of materials, equipment and other means necessary for the preservation, creation, dissemination and development of cultural values; other activities, as a result of which cultural values ​​are preserved, created, disseminated and assimilated.

From the point of view of the formation of an interstate position on the regulation of the cultural sphere, the following international legal acts are most important:

UNIDROIT Convention on Stolen or Illegally Exported Cultural Property (Rome, June 24, 1995), Convention on Cooperation in the Field of Culture, Education, Science and Information in the Black Sea Region (Istanbul, March 6, 1993), European Convention on Film Co-Production (Strasbourg, October 2, 1992), European Convention on Transfrontier Television (Strasbourg, May 5, 1989), Convention for the Protection of the Architectural Heritage of Europe (Grenada, October 3, 1985), Convention concerning the Protection of the World Cultural and Natural Heritage (Paris, November 16, 1972) ), The European Convention for the Protection of the Archaeological Heritage (London, May 6, 1969), as well as many other international acts aimed, for the most part, at the protection of various cultural values, the formation of a single cultural space (world or European) in a particular sphere of cultural activity ...

The internal legislation of the Russian Federation in the field of culture is subdivided into federal legislation (in turn, divided into legislative acts and by-laws) and the legislation of the constituent entities of the Russian Federation, which is also divided into legislative and by-laws. In addition, normative acts adopted at the level of local self-government are included in the structure of the country's internal legislation.

The legislation on culture establishes four levels of competence in this area:

The first level is the competence of federal bodies of state power and administration in the field of culture, provided for in paragraph "f" of Art. 71 of the Constitution of the Russian Federation and Art. 37 Fundamentals of the legislation of the Russian Federation on culture, including ensuring human rights and freedoms in the field of culture, establishing the foundations of federal cultural policy, adopting federal legislation in the field of culture and federal state programs for cultural development, etc.

The second level is the joint competence of federal bodies of state power and administration of the Russian Federation, bodies of state power and administration of the republics within the Russian Federation, an autonomous region, autonomous districts, territories, regions, cities of Moscow and St. Petersburg in accordance with Art. 38 Fundamentals of the legislation of the Russian Federation on culture. The joint competence includes: ensuring human rights and freedoms in the field of culture; ensuring the preservation of the cultural heritage of the peoples of the Russian Federation, historical and cultural monuments, historical and cultural territories included in the Code of historical and cultural monuments of the Russian Federation; implementation of federal cultural policy, development and implementation of federal state programs for cultural development, their financial and material - technical support; protection of copyright and related rights, intellectual property rights, inheritance rights in the field of culture; approval of requirements (standards) for professional education in the field of culture; creation of conditions for the cultural development of all peoples and ethnic communities of the Russian Federation; implementation of the state financial policy in the field of culture, labor policy, employment and remuneration of cultural workers; financing of especially valuable objects of cultural heritage of the peoples of the Russian Federation.

The third level is the competence of the bodies of state power and administration of the constituent entities of the Russian Federation in this area (Article 39 of the Fundamentals of Legislation on Culture).

The legislation of the constituent entities of the Russian Federation in the field of culture regulates a wide range of issues.

The fourth level is competence, according to Art. 40 Fundamentals of the legislation of the Russian Federation on culture, local authorities in this area.

Let's consider some of the named levels.

1. The formation of the structure of legislation on culture in our country in the form in which it is systematized at present dates back to 1992, when the RF Law of October 9, 1992 No. 3612-1 "Fundamentals of the legislation of the Russian Federation on culture ". This normative legal act recognized the fundamental role of culture in the development and self-realization of the individual, the humanization of society and the preservation of the national identity of the peoples inhabiting the territory of the Russian Federation. Its main tasks were recognized as ensuring and protecting the constitutional rights of citizens to cultural activities, creating legal guarantees for free cultural activities of associations of citizens, peoples and other ethnic communities of the Russian Federation, defining the principles and legal norms of subjects of cultural activity, as well as defining the principles of state policy in the field culture, legal norms of state support of culture and guarantees of non-interference of the state in creative processes.

In addition, the Fundamentals enshrined the basic concepts and categories used in legislation on cultural issues, in particular such as "cultural activities", "cultural values", which are understood as moral and aesthetic ideals, norms and patterns of behavior, languages, dialects and dialects, national traditions and customs, historical toponyms, folklore, arts and crafts, works of culture and art, the results and methods of scientific research of cultural activities that have historical and cultural significance buildings, structures, objects and technologies that are unique in the historical and cultural sense territories and objects.

Thus, if previously the presence of such an element as an act of creativity was the main thing for classifying values ​​into the category of "cultural values", then in accordance with this definition, this understanding of "cultural values" seems somewhat narrowed.

Indeed, it is rather difficult to find an element of creativity in moral and aesthetic ideals or norms and patterns of behavior, in the concepts of "cultural goods", "creative worker", "cultural heritage of the peoples of the Russian Federation."

But most importantly, the concept of state cultural policy (state policy in the field of cultural development) was given as a set of principles and norms by which the state is guided in its activities for the preservation, development and dissemination of culture, as well as the very activity of the state in the field of culture.

At the same time, it is impossible to clearly define the place of the Fundamentals of the Legislation of the Russian Federation on Culture in the hierarchical system of normative legal acts. The second article of the Fundamentals states what normative legal acts the legislation of the Russian Federation on culture consists of, however, only in relation to the legislative acts of the constituent entities of the Russian Federation, the rule is established that in the event of disagreement between the legislative acts of the constituent entities of the Russian Federation and the indicated Fundamentals, the norms of the Fundamentals apply. It is more difficult to resolve problems in the event of contradictions between federal laws regulating various issues in the sphere of culture, and the Fundamentals of the Legislation of the Russian Federation on Culture - due to the fact that the Fundamentals were adopted before the approval of the 1993 Constitution of the Russian Federation by a popular vote, and the overwhelming majority of legislative acts, regulating certain issues in the cultural sphere, saw the light after 1993 and, accordingly, did not initially contradict the Constitution of the Russian Federation. In addition, as a general rule, unless otherwise specified in the law, in the event of a contradiction of one legislative act to another, preference in resolving the issue is given to a later and special legislative act. Therefore, the Ministry of Culture of the Russian Federation, together with the Committee for Culture of the State Duma of the Russian Federation and the corresponding committee of the Federation Council, are actively working to solve this problem.

Cultural issues are also reflected in many basic legislative acts, such as:

1. Civil Code of the Russian Federation: regarding the issues of confiscation of mismanaged cultural property from owners, the establishment of general principles for the activities of institutions and organizations, including non-commercial, general principles of civil circulation of real estate, as well as intellectual property issues;

2. The Code of the Russian Federation on Administrative Offenses: in terms of administrative responsibility for violation of copyright and related rights, requirements for the preservation, use and protection of cultural heritage objects (historical and cultural monuments), their territories and zones of their protection, etc .;

3. The Criminal Code of the Russian Federation: on the issue of responsibility for damage and destruction of historical and cultural monuments, violation of copyright and related rights, smuggling of cultural values; Land Code of the Russian Federation: in terms of the definition and procedure for establishing lands of historical and cultural purposes;

4. Urban planning code of the Russian Federation: on the issue of preserving historical settlements, historical and cultural monuments in the process of building and reconstruction of the urban planning environment;

5. Federal law "On non-profit organizations": on the legal status of cultural organizations;

6. Federal Law "On Charitable Activities";

7. Federal Law "On Licensing Certain Types of Activities": on the issue of licensing work on the design and production of work on the restoration of historical and cultural monuments, film screening, production and distribution of audiovisual works and phonograms;

8. Budget Code of the Russian Federation: in terms of establishing the principle of financing budgetary institutions, developing long-term federal target programs;

9. Tax Code of the Russian Federation: in terms of tax benefits for organizations and cultural institutions carrying out certain types of work; Customs Code of the Russian Federation: in terms of benefits for imported equipment for the needs of museums and art objects.

In addition, a large number of by-laws are in force, including:

Resolution of the Government of the Russian Federation "On state support of theatrical art in the Russian Federation";

Resolution of the Government of the Russian Federation "On the federal target program" Culture of Russia "(2001 - 2005)";

Resolution of the Government of the Russian Federation "Questions of the State Academic Bolshoi Theater of Russia";

Resolution of the Government of the Russian Federation "Questions of the Ministry of Culture of the Russian Federation";

Resolution of the Government of the Russian Federation "On the procedure for free visits to museums by persons under eighteen years of age", etc.

A huge number of normative legal acts have been issued by federal executive bodies that carry out state administration and regulation in the field of culture.

Thus, in addition to the basic law - the Fundamentals of the Legislation of the Russian Federation on Culture - in almost all areas of cultural life in the country, special normative legal acts have been adopted that regulate the specifics of state influence in a particular area.

There are many conflicting provisions in federal cultural regulations. Let's highlight the following problematic points:

In the Foundations themselves, there are norms that contradict each other. For example, Art. 37 and 38, commenting, respectively, on the competence of federal bodies of state power and the joint competence of federal bodies of state power and bodies of state power of the constituent entities of the Russian Federation, repeat the same provision concerning human rights and freedoms in the field of culture;

In the legislative and by-laws issued in the development of the Fundamentals of the Legislation of the Russian Federation on Culture, as a rule, they do not reflect the benefits in one area or another (for example, on the issue of preferential conditions for access of artists to the relevant educational institutions, libraries, museums, archives and other cultural organizations). This norm is present only in the Fundamentals of the Legislation of the Russian Federation on the Archival Fund of the Russian Federation and archives, the rest of the normative legal acts are generally silent about such a benefit, not to mention the definition of the mechanism for its implementation;

The decree of the Government of the Russian Federation "On state support of theatrical art in the Russian Federation" provides for a significant block of benefits for theaters. However, tax exemptions should be provided for by legislative, and not by-laws;

In the field of culture, there are a huge number of acts that regulate most areas of cultural activity. But on the issues of concert activities there is no specialized normative act, despite the fact that this area is extremely specific, and in the process of the activities of concert organizations, many problems arise, in particular, related to the mechanism of state support for concert organizations;

In contrast to world practice, architectural and museum activities, as well as the circulation of antiques, were excluded from the list of licensed activities in accordance with the Federal Law "On Licensing Certain Types of Activities".

Thus, taking into account the changing socio-economic and psychological atmosphere, there is a need to make appropriate changes to the existing legal norms, as well as to adopt new regulatory legal acts reflecting the emerging social relations in the field of culture.

In accordance with clauses "g" and "e" Part 1 of Art. 72 of the Constitution of the Russian Federation, the delimitation of state property and general issues of culture are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

On the subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, federal laws and laws and other regulatory legal acts of the constituent entities of the Russian Federation adopted in accordance with them are issued. In addition, on the issues of delimiting the subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entity of the Russian Federation, appropriate agreements are concluded. The resolution of issues on the delimitation of property is also carried out on the basis of agreements (contracts) on the delimitation of property between the Russian Federation and the corresponding constituent entity of the Russian Federation. However, despite the presence of these provisions on the joint jurisdiction of the Russian Federation and its constituent entities, numerous conflicts often arise, since there are no concluded agreements on the delimitation of property between the Russian Federation and the constituent entities of the Russian Federation, especially on issues of historical and cultural monuments.

The set of legislative acts developed and adopted by the constituent entities of the Russian Federation includes more than 200 laws. Therefore, we consider only those that regulate the most general, basic relations in the field of organizing cultural activities.

In the constituent entities of the Russian Federation, the legislative regulation of cultural issues went in two different ways.

The republics have adopted laws, the main provisions of which almost completely coincide with the main provisions of federal legislative acts. At the same time, the operation of the federal law on the territory of the republics was often replaced by the action of the republican one.

In other constituent entities of the Russian Federation (regions, territories, autonomous formations), legislators have sought to consolidate, for the most part, norms that concretize the norms of federal legislation, as well as to adopt norms in the development of federal legislation.

It should be noted that in some constituent entities of the Russian Federation no laws have been adopted at all to develop federal legislation. All regulation in the field of culture is carried out here by the issuance of by-laws by the heads of the subjects and various executive authorities. This applies to the Khabarovsk Territory, Novgorod, Novosibirsk, Penza, Saratov, Samara regions and other regions.

The first direction is represented by the laws of the constituent entities of the Russian Federation, which duplicate the texts of the Fundamentals of the Legislation of the Russian Federation on Culture and other federal laws in the field of culture up to the numbering of articles and paragraphs in the articles. Lawmaking at the level of a constituent entity of the Russian Federation is manifested only in minor additions and changes to the original document - the text of the Fundamentals of the Legislation of the Russian Federation on Culture - and other federal laws in this area.

The most indicative from this point of view are, in particular, the Law of the Republic of Buryatia "On Culture" of February 1, 1996 N 246-1, the Law of the Republic of Bashkortostan "On Culture" of July 13, 1993 N BC-18/19 (as amended by Laws of January 28, 1998 N 133-z, of June 23, 2000 N 78-z), the Law of the Republic of Adygea "On culture" of July 15, 1998 N 87.

Note that even minor additions and changes to the original text of the federal law, carried out by the subject of the Russian Federation and legalized by him in the text of the corresponding law, demonstrate the general approaches prevailing at the level of this subject, and the relationship between the center and the territory. So, in Art. 7 of the Fundamentals of the Legislation of the Russian Federation on Culture, the Laws "On Culture" of the republics of Bashkortostan and Adygea, we are talking about the obligatory nature of cultural aspects in state or republican development programs. At the same time, the Law "On Culture" of the Republic of Buryatia in this article deals only with the status of culture in state and other development programs of the Republic.

And similar examples can be continued. The Fundamentals of the Legislation of the Russian Federation on Culture and section two of the Law of the Republic of Bashkortostan "On Culture" speak of human rights and freedoms in the field of culture. However, the Law "On Culture" of the Republic of Adygea does not contain such norms at all. And in the Law of Buryatia, this section among the rights and freedoms of peoples and other ethnic communities in the field of culture names the right to cultural and national autonomy, the right to open cultural and national organizations of compatriots outside the Republic and cultural and national organizations of other states in the Republic. But it is known that the Russian Federation independently implements on its territory agreements and other acts regulating Russia's relations in the field of culture with other states, associations of states, as well as international organizations.

The Laws "On Culture" of the Republics of Buryatia and Bashkortostan contain the concept of sovereignty in the field of culture, although according to the Constitution of the Russian Federation and the explanations of the Constitutional Court of the Russian Federation, sovereignty is a sign of the state, and not of national - territorial and administrative - territorial entities.

In accordance with Art. 12 of the Law "On Culture" of the Republic of Bashkortostan, everyone has the right to familiarize themselves with cultural values, to access state library, museum, archival funds, and other collections in all areas of cultural activity. Restrictions on the availability of cultural property for reasons of secrecy or a special regime of use are established by republican legislation. However, these norms must be established by federal law. Thus, the republican legislator invaded the competence of the federal legislator, explicitly arrogating to himself the right to establish restrictions on the availability of cultural property for reasons of secrecy or a special regime of use.

The above examples indicate that seemingly insignificant changes and additions in the laws of a constituent entity of the Russian Federation lead to the fact that some of the norms of regional legislation come into conflict with federal legislation and the Constitution of the Russian Federation, which established that laws and other regulatory legal acts of constituent entities The RF cannot contradict federal laws adopted on the subjects of joint jurisdiction of the Russian Federation and the subjects of the Russian Federation (Article 76). The Constitution of the Russian Federation and the laws of the constituent entities of the Russian Federation established that in the event of a conflict between the federal law and the law of the constituent entity of the Russian Federation on subjects of joint jurisdiction, the federal law is in effect.

Thus, despite the system of legislative and by-laws on cultural activities that has developed at the federal level and at the level of the constituent entity of the Russian Federation, there are gaps and contradictions in the system of these acts both at the federal and regional levels, which require elimination in the manner prescribed the legislation of the Russian Federation.

So, after we have considered the main normative legal acts regulating the activities of cultural and art organizations, we consider it necessary to study the issues of managing the sphere of culture. This is the subject of the next section of this work.

2.2 Activities of organizations managing the cultural system in the Russian Federation

Management of the sphere of culture is an important area of ​​municipal social policy, which largely determines the comfort of living of the population in the municipal territory.

The right to participate in cultural life and use cultural institutions, as well as access to cultural values ​​of every citizen of the Russian Federation are guaranteed by the Constitution of the Russian Federation (Article 44). The RF Law "Fundamentals of the Legislation of the Russian Federation on Culture" was the first "sectoral" law and served as the basis for the formation of regional legislation in the field of culture.

Cultural activities - activities for the preservation of cultural heritage, the creation, dissemination and development of cultural values ​​and benefits.

The formation and implementation of a meaningful cultural policy is one of the important tasks of the state, largely determining its viability and place in the civilized world. The state must, on the one hand, shape the cultural life of society as a whole, and on the other hand, coordinate the cultural needs and interests of various strata of society, territorial, national and other communities.

The powers of the federal level of government include determining the policy in the field of culture and art, priorities for reforming the industry, determining the necessary financial resources in the federal budget to solve these problems, monitoring and financing the activities of state cultural institutions.

At the level of the constituent entities of the Russian Federation, federal programs in the field of culture and art are being implemented, special target programs are being developed, as well as regulatory, organizational and methodological documents necessary for the implementation of regional policy, material, financial, methodological and other assistance is provided to cultural and art institutions.

Municipal cultural policy is based on the general principles of state policy. The federal law of 2003 refers to the issues of local significance of settlements and urban districts the creation of conditions for providing residents with services of cultural organizations, the organization of library services for the population, the protection and preservation of cultural heritage objects (historical and cultural monuments) of local (municipal) significance. The competence of the municipal districts includes the organization of library services for settlements (provision of library services).

Currently, the object of cultural activity is mainly culture-producing and culture-preserving institutions and organizations. However, for progressive progressive development, it is necessary that the whole society as a whole becomes the object of cultural activity.

In this regard, the formation and implementation of meaningful cultural activity is one of the important tasks of the state, largely determining its viability and place in the civilized world. The state must, on the one hand, shape the cultural life of society as a whole, on the other hand, it must coordinate the cultural needs and interests of various strata of society, territorial, national and other communities.

Thus, the cultural development of a city is a dynamic progressive transformation of the system of social and cultural relations within a certain geopolitical structure. The cultural development of the city is determined by the social and cultural policy of the state and the subject of the federation.

Taking into account the above, we will consider the features of the organization of management and financing of the sphere of culture and leisure at the level of local government.

Local self-government bodies carry out the construction of buildings and structures of cultural organizations, the arrangement of the adjacent territories.

Local self-government may own buildings, structures, objects, and other cultural objects (museums, galleries, libraries, etc.) of historical and cultural significance.

Financing of the municipal sphere of culture is carried out at the expense of budgetary funds and the provision of paid services. Public associations, enterprises, organizations and citizens have the right, independently or on a contractual basis, to create funds to finance cultural activities. Local governments can act as co-founders of funds.

Local self-government bodies, participating in the implementation of state policy in the field of culture, cannot interfere in the creative activities of citizens and their associations, except in cases provided for by law (if this activity leads to the propaganda of war, violence, cruelty, etc.). Cultural activities can be prohibited by the court in case of violation of the law.

The issues of supporting folk arts and crafts, regional and local national-cultural autonomies, the study of national languages ​​and other ethnocultural subjects in educational institutions are attributed by federal legislation to the powers of the constituent entities of the Russian Federation. Bodies of local self-government can transfer property to national-cultural autonomies, their non-profit institutions and organizations for ownership or lease.

Within the limits of their competence, local governments can create conditions for the development of a network of special institutions and organizations - art schools, studios, courses, provide them with support, ensure the availability and free of charge for the population of municipal libraries and other cultural institutions.

Local self-government bodies have the right to suspend the entrepreneurial activity of municipal cultural organizations if it damages the statutory activities of the organization, pending a court decision in this case.

In general, at the level of the executive power of municipalities, management is carried out through district departments, departments and committees of culture.

The most common organizational and managerial model is the management (department, committee) of culture, which performs the functions of the executive authority in the field of culture.

To implement their functions, cultural departments are endowed with the right of a legal entity and are the main managers of loans in the amount approved for the subordinate network of the estimate.

As a rule, the provisions on the Department of Culture, which define the competence and powers, are approved by the decision of the representative body of local self-government, and the charter and structure of the subordinate network are approved by a resolution (order) of the local government.

In the early 1990s. in order to effectively use budgetary funds, as well as to avoid duplication in work, some cultural management bodies have been merged:

with cinematography controls;

committees for sports and youth affairs;

tourism departments.

Experience has shown that culture and youth policy are closely interconnected, but, unfortunately, at this time, they are not very successfully combined. Although there is a commonality of goals and common forms of their work, there is no single development plan.

The unification of culture with sports was even more difficult because of the difference in the legal support of their activities, in particular, in matters of rationing and wages, and other problems of a regulatory nature.

The practice of combining cultural departments with tourism departments in territories with significant potential for memorable places has yielded a positive result, since it became possible not only to combine budgets, but also to attract additional funds directly from the income of tourism activities.

A characteristic shortcoming of the current management models is the contradiction between the powers of the authority and the real sources of funding for its activities. The reasons for this contradiction:

1) objective - weak resource base of the local budget, lack of state norms of material and financial support;

2) subjective - the discrepancy between the actions of the governing structures and the requirements of the legislation, the lack of the management's ability to fight for the budget.

For the current period, one can conditionally distinguish five models of managing cultural objects at the level of local government.

The first model is culture departments, which have a power of attorney from the district committees for municipal property management for the operational management of cultural objects, financing cultural organizations, using funds from the lease of objects as an additional income of the cultural budget.

The second model is cultural departments that do not have real estate management rights, since these rights are directly delegated to institutions from the Committee for the Management of Municipal Property, which, together with the Department of Culture, are founders of cultural organizations. In this case, funding for utility costs goes through the Department of Culture, the funds from the rent are returned in full to the Committee for the Management of Municipal Property.

The third model is cultural departments, endowed with the rights of operational management of real estate of cultural organizations that do not have the status of a legal entity, and at the same time, together with the Committee for the Management of Municipal Property, are founders of cultural organizations with the status of a legal entity. In this case, financing of utility costs is carried out through the Department of Culture, the funds from the rent are returned in full to the Committee for the Management of Municipal Property.

The fourth model is cultural departments, which are founders of cultural organizations, financing the utility costs of cultural objects, which are owned both by the district Committees for the management of municipal property and the property of rural administrations.

The fifth model - cultural departments, which are founders of cultural organizations, financing the utility costs of cultural institutions located in rented premises of other owners, including former trade union buildings.

The relevant local government bodies, whose competence includes the management of municipal property, as a rule, delegate the powers of the founder to the regional cultural bodies. Often, the founders of cultural organizations are both district culture departments and property management committees, and the Municipal Property Management Committee in the founding agreement gives the institution the right of operational management or delegates this right to district culture departments.

As a rule, the regional cultural departments, which are the managers of loans for the subordinate network, conduct financial activities through the centralized accounting departments of the cultural departments; provide budget requests; prepare drafts of normative documents of the municipal formation on the basis of cultural surveys; form and finance the subordinate network; provide material and information resources; implement investment and creative projects in the fields of culture and leisure.

In the context of the delineation of powers between local self-government bodies, the most important task is to establish a procedure for managing cultural resources, taking into account the specifics of its organizational structure and the creation of cultural services, leisure and mass recreation of the population.

The task is to create a management system capable of carrying out legal, financial and organizational transformations of municipal cultural institutions. Management is one of the resources for the future development of any activity. At the same time, the elimination, inconsistency of powers, functions, assigned resources to the governing bodies can have a negative impact on the provision of the processes of cultural development, and, above all, on the process of production and dissemination of cultural benefits.

The role of the cultural governing body at the local government level should be to create a system of interaction between the authorities and administration of various levels, as well as the conditions for self-development and partnership with public organizations and structures of the social sector in the implementation of cultural policy.

The main functions of local self-government culture management.

Coordination of cultural and educational work of organizations and institutions;

Control over the content and financial and economic activities of cultural and leisure institutions;

Methodological and financial assistance to cultural institutions;

Issuance of licenses for commercial activities in the field of culture and leisure in the territory;

Conducting social events (reviews, festivals, exhibitions, etc.);

Organization of arrangement of places of mass recreation, cultural services of these places;

Accounting, protection, maintenance restoration of historical and cultural monuments of local importance, protected areas;

Interaction with creative unions and public organizations in the field of culture;

Control over the execution of funds from the cultural funds of municipal enterprises and institutions, taking, if necessary, measures to centralize them;

Support for folk crafts and rituals;

Development of proposals for the construction, reconstruction and repair of buildings of subordinate organizations, control of work performance.

Thus, management in local self-government in the field of culture and leisure is a complex of versatile activities that can significantly improve the cultural level of the municipality.

Having considered the main issues of cultural management at the level of the constituent entity of the Russian Federation, we consider it necessary to study in detail the main directions of state policy in the field of show business. The next section of the thesis is devoted to this.

2.3 State policy in the field of show business

Show business, like any other business focused on specific consumers, does not depend on anything as much as on the purchasing power in the country. This was especially noticeable after the default of 1998. Then the number of tours of artists from the West fell to almost zero, and the number of record companies fell by 3 times. At the beginning of the 21st century. show business began to grow again, developing thanks to the growing purchasing power of the population and the improvement of Russian laws in the field of copyright protection.

Russian show business is developing in strict accordance with the laws of a market economy. Small companies either disappear or are bought up by larger ones. Large players, in turn, are increasingly occupying market niches, leaving no free space for newcomers. The concentration of entrepreneurial activity is most noticeable in the audio market, where in the early 2000s such large Russian firms as ARS, LogoVAZ - News Corporation, MTV, Russian Media Group and SAV Entertainment played a decisive role. All the world's largest major recording companies are also active in Russia. At first, they limited themselves only to the release of albums by Western performers, but then their contracts with Russian performers became more frequent.

Rock music had a huge impact on the development of domestic show business. In the 60s and 70s, along with the official stage, under the influence of the English group "Beatles" and not only it, groups appeared, mostly amateur, performing music in the style of rock. This direction has received the name "youth music". It was its legalization and entry onto the big stage, as well as the flourishing of the so-called "tape culture" that created the prerequisites for the emergence and development of real show business in Russia. His story is very interesting and instructive.

Rock music in our country, having gone through a wave of pure imitation, by the mid-70s acquired its own completely independent face. Its basis was not music, not rhythm, but text, the Russian living word. In an interview with the Moskovsky Komsomolets newspaper, K. Kinchev, the leader of the popular rock group Alisa, emphasized this idea very interestingly: "Rock is, first of all, a word combined with music. Of course, it was ideal to achieve harmony, but here as a rule, the text dominates the music. " Music was, as it were, in the background, served as a certain background that helped to reveal the content of the work. Its melodic and rhythmic basis is simple to the point of primitiveness, which sometimes caused a sharply negative attitude from critics, musicians, ideologists, especially representatives of the command-administrative system in the person of cultural authorities. The fact is that at the initial stage, the main attention in the performing activity of our rock musicians was focused on mastering sound technology, and not on a musical instrument. And the disadvantages of performing skills were covered with excessive sound volume. This was one of the hallmarks of rock music. In the speeches of rock advocates, even theoretical substantiations of loudness appeared as a reflection of the dynamics and rhythm of the modern world. They likened the rumble of drums and the powerful sound of electronic instruments to the rumble of cars, the roar of planes and space rockets. And only later, in the early 80s, having mastered a wider arsenal of expressive means, raising the level of performing skills, they will take their rightful place in the Soviet musical stage. So, the rock group "Time Machine" and "Autograph" will become laureates of the All-Union festival of popular pop music "Spring Rhythms" in Tbilisi in 1980, the groups "Aquarium" and "DCT", "Brigade S" and "Magnetic band "," Nuance "and" Kino "and others.

It should also be noted the characteristic features of the existence of rock music. In rock, the relationship between the composer and the performer is specific. The composer D. Tukhmanov emphasized this idea very interestingly. In contrast to the classical pop song, when the author presented the score, direction or clavier to the performer, the musical material in the rock group is absent, since the functions of the composer and the entrepreneur are compressed.

A rock group is a single organism that creates its own songs, its own style. For a composer specializing in rock culture, a work can exist only in the form of an idea that is transmitted to performers, and only then, in the process of collective creativity, it acquires completeness. That is, in rock music there is a priority of the performer, not the composer. The second characteristic feature is the relationship between the performer and the audience. They are complicit in the action.

Rock cannot exist without mass. Each group creates its own image for the public. Typical attributes of the "metal" bands: gloves, shimmery rivets, moody stencils on T-shirts, leather sleeveless jackets, evocative hairstyles, and the notorious goat - a symbol of strength that always wants evil. The essence of this phenomenon is described very accurately in the journalistic note by E. Dodolev "The Inertia of Rockism": When a spectator feels himself to be a link in a chain of co-religionists (be he on the tribune of the stadium or in the auditorium), he accepts the mood of "our silushka": the sea is knee-deep, and intolerance of heretics is fierce. "

Rock, on the one hand, attracted by the fact that by its expressive means it was very comprehensible, since the guitar can be played by learning only a few chords. On the other hand, it presented the opportunity to "participate" to a wide audience. At concerts of rock bands, the audience is always active, it instantly reacts to the performance of its idols, gets involved in the action. The performance of rock music dictates special requirements for the stage, there are no chairs in the stalls for direct communication with the audience, which turns the concert hall into a huge dance floor (a kind of dancing), where you can not only listen to music, but also dance, sing along, chant. But, perhaps, the most significant reason for the popularity of rock is the social orientation of the work of rock musicians. It is no coincidence that it was once called "the music of rebellion".

Misappropriation and use of copyrighted objects is designated by the terms "piracy" or "intellectual piracy". These terms are especially well known to every member of the music business. Now the video market is filled with illegal and unlicensed (counterfeit) videotapes. In Russia, piracy has taken on not only a large scale, but also stable organized forms. On the territory of our state, trade counters are filled with videotapes, CDs, computer programs of pirated origin, they are made and sold in violation of copyright. Illegal channels have been established everywhere for the rapid receipt of copies of new audiovisual works and their mass replication.

Piracy causes enormous damage to copyright holders, as well as to the state budget, seriously affecting negatively economic relations.

The damage to Russia from video piracy, according to Russian and foreign experts, is estimated at $ 5 billion annually.

Piracy is damaging the economy everywhere. For example, in the United States it costs 34 cents to copy a single laser software disc, and the retail price of the same disc ranges from $ 100 to $ 450. As a result, the profit is up to 1300%.

Due to pirate operations with copyrights, US enterprises lose more than $ 200 billion a year when selling their products. This money, as a rule, ends up in the accounts of criminal structures operating in the field of intellectual property.

According to the estimates of US software manufacturers, the volume of pirated products in this area in the world on average is 50%, and in some countries 95%.

Why is the fight against piracy so ineffective? You can indicate the reasons, both objective and subjective.

Of course, piracy crime investigations are challenging. The main ones are shown in Table 1.

There are other reasons, of course. The responsibility for ensuring strict adherence to copyright in the music business lies with the state.

In 1854, Nicholas I approved the "Rules for the establishment of various kinds of public amusements and common folk amusements in capitals," which became one of the first state legislative acts that regulated the development of the variety and concert business in Russia. According to this document, the monopoly right to organize concerts, divertissements and other kinds of variety performances in St. Petersburg and Moscow was granted to the management of state-owned theaters. This right could be assigned by it to individual entrepreneurs. At the same time, the directorate of state-owned theaters was charged with the official duty to authorize public performances, which belonged to the variety stage, and control their repertoire. This meant that all pop performances could be given in capitals only with the permission of the Directorate of Imperial Theaters, under its responsibility and subject to the deduction of a fourth of the net fee to the Directorate's income.

The "rules" were actually intended to put the concert activities of artists under the strictest control of state structures, to prevent them from uncontrolled communication with a wide audience. It is clear that such a legislative act did not contribute to the development of the stage. Local authorities also contributed by interpreting the "Rules" in an exclusively restrictive spirit. Thus, private performances in St. Petersburg and Moscow could be given under the strictest observance of the following conditions: they should not be dramatic, not accompanied by conversations on stage or singing.

This document played a negative role in the further development of Russian pop music.

In the 60s of the XIX century, the government considered the "Case concerning stage performances in both capitals by individuals", which raised the question of further restricting private initiative. With an official notification dated April 2, 1862, Alexander II secured the monopoly of the imperial theaters on the organization of public performances and shows and control over all varieties of concert and pop practice. It read: "The Minister of the Court notifies that, by the highest order, public stage performances are the exclusive right of the imperial theaters, and seizure is allowed only in respect of a charitable cause, and only with the highest permission." The repertoire of divertissements and events that were organized on a private initiative were especially limited. But on the other hand, the management of the imperial theaters encouraged the organization of tours by foreign pop artists, whose repertoire consisted of various entertainment genres of Western European pop music.

A significant role in the development of the stage was played by the decree of Alexander III of March 24, 1882, which abolished the exclusive right of the imperial theaters to give public concerts in the capitals, as well as to collect certain portions of the fees from meetings, clubs and private founders of public entertainment in the capitals. This meant the abolition of any restrictions linking private initiative and private entrepreneurship, both in the field of theater and concert and variety activities. And although the decree concerned only St. Petersburg and Moscow, it also influenced the development of pop art in the provinces, where there were not enough performers of their own, and therefore the capital's artists were used. In general, by the end of the 19th century, the stage had firmly established itself on the rails of market relations, and from that time it can rightfully be called "show business".

In the USSR, the organization of entertainment events, like all other types of production, was under strict state control. For example, the State Concert organized concerts all over the country, from big cities to collective farms. The requirements for performing skills were quite high, but the payment for the artists depended little on the degree of their popularity.

By 1992, Russian show business had almost completely outlived the legacy of the Soviet era (as they later realized, not only negative, but also positive). The monopoly state recording company Melodiya, which has been operating since 1964, has lost its influence on the market, and the official structures of the State Concert have given way to private ones. In 1993, the Law of the Russian Federation On Copyright and Related Rights was adopted, which regulated the "rules of the game" in the domestic show business.

Thus, the history of copyright law over the past three centuries can be viewed as a search for a reasonable balance of interests, a kind of "social contract" between the author and society, or as an uninterrupted series of attempts to "balance" society's needs for a free flow of ideas and knowledge with interest. the author in fair remuneration for his creative work.

The legal foundations for combating violations of copyright and related rights in the audiovisual sphere were laid down by the Law of the Russian Federation "On Copyright and Related Rights", a characteristic feature of which is its market orientation. This law has significantly expanded the possibilities of holders of copyright and related rights to freely dispose of their rights. It follows indirectly from it that it is the state that is called upon to maintain an "unstable balance" between the rights of the individual and the interests of society.

The adoption of the Law "On Copyright and Related Rights" made it possible to largely unify Russian legislation with similar legislative acts of European countries, the United States and Japan, which made it possible for Russia to join the Berne Convention.

The world experience in the legal regulation of relations in the field of intellectual property is of a complex nature, that is, it includes the provisions of constitutional, civil, administrative, financial, labor, procedural and even criminal law. The practice of most countries with a high level of intellectual property protection shows that "piracy" cannot be eradicated by civil legal sanctions alone.

The current legislation provides for civil, criminal and administrative liability for violation of copyright and related rights. The corresponding norms have been introduced into the Criminal Code of the Russian Federation and into the Code of Administrative Offenses.

It is pertinent to ask the question: why, when Russia has created a legal framework identical to the European level for the protection of copyright and related rights, the situation in this area remains out of the ordinary.

Probably, the fact is that the greatest problems arise with the application of legislation, as evidenced, in particular, by the few but contradictory jurisprudence.

Blaise Pascal once said that the only prerogative of power is protection. And this is true, because if the law gives the right, then it must also provide the means of its protection. Actually, the protection of a right is nothing more than its real, in necessary cases, compulsory implementation. Moreover, the state is called upon to ensure the distribution of "expenses and income" of people depending on their behavior in relation to law.

The solution to this problem is currently difficult. Legislation contains fairly effective mechanisms to protect against illegal use of objects of copyright and related rights, but these mechanisms are not always implemented in practice. The most common violation of copyright and related rights is the use of the corresponding objects without formalizing contractual relations with copyright holders. The reasons for this situation often lie not only in economic, but also in non-economic factors, which sometimes affect the level of security no less.

At present, when the creation of the legislative base is practically completed, the main task facing Russia in the field of copyright is to organize a reliably functioning law enforcement mechanism. This, in turn, means that some impetus is needed for law enforcement agencies, since, as we can see, they have the rights to fight video piracy.

But there is also the usual Russian indecision, waiting for a call from the authorities, and a lack of understanding of the problem. This attitude stems from a lack of knowledge about the scale of this phenomenon, about the profits received by violators and about the role of organized crime in this area.

Messrs. Law enforcement officers should know that copyright infringements lead to significant direct and indirect losses of state revenues. The actions of the "pirates" cause very significant damage to the Russian budget, which at the present time is even difficult to accurately assess. It can only be noted that the "show art industry" gives the US budget about 180 billion dollars annually.

In addition, the persons involved in "video piracy" are often involved in other types of crimes, for example, laundering of profits obtained by criminal means, the struggle for territories (sales markets), carried out by criminal methods. It often turns out that the "pirates" are copying show programs and performances of pop creative groups on stolen equipment.

A good method of localizing "piracy" is to focus on sources of illegal copying. To do this, you just need to start planned work in this area, develop operations, and establish ways of marketing illegal products. Such investigations, of course, will require considerable time and tremendous effort, but the result will not be long in coming.

At present, according to judicial and arbitration statistics, cases related to the protection of intellectual property are one of the most "rapidly" growing categories of cases considered in arbitration courts (in 2002 alone, the increase in the volume of cases in this category was 66.9%, "yielding" only to the "growth" of cases related to securities legislation).

The Federal Law "On Licensing Certain Types of Activities" provides for the compulsory licensing of such activities as the reproduction and distribution of copies of audiovisual works on any type of media, the implementation of on-air, satellite, cable television broadcasting. And control over the compliance of the licensee's activities with the requirements of the legislation is also assigned to the licensing authorities. Exercising control over oneself is not correct and not justified. This position should be changed. Moreover, they often try to impose on the licensing authority the functions of interpreting laws, assessing the "materiality" of the offense and applying sanctions against the offender, which are prerogatives inherent in the judicial authorities.

The Regulation "On Licensing Television Broadcasting and Radio Broadcasting in the Russian Federation" provides for "systematic violation of copyright and related rights" as one of the grounds for canceling a license for television broadcasting. Undoubtedly, this is a strong "leverage" for influencing an unscrupulous broadcaster.

In practice, however, it is difficult to provide an adequate evidence base, especially if the licensing authority does not have territorial divisions.

The process itself is hampered by the need to prove not only the existence of grounds for licensing, but also the “systematic” nature of violations of this type, as well as each specific violation of copyright and related rights separately.

In addition, it should be borne in mind that in Russia any problem easily acquires a political "coloring", which is also often used by offenders.

The Constitution of the Russian Federation establishes at least 17 legal norms that protect the rights of authors and thus the intellectual potential as a resource of the state. Thus, the Constitution of Russia actually adjusts society to the fact that the state policy in the field of copyright and related rights should be aimed at ensuring a rational and balanced combination of interests of the creators of the Works in terms of their maximum possible protection and protection, stimulating creativity as a special type of activity for the interests the whole society.

On the basis of Article 44 of the Constitution of the Russian Federation, everyone is guaranteed freedom of literary, scientific, technical and other types of creativity.

At the same time, in accordance with clause "o" of Article 71 of the Constitution of the Russian Federation, legal regulation of intellectual property is attributed to the exclusive jurisdiction of the Russian Federation.

At the same time, it should be borne in mind that the concept of "intellectual property" includes, among other things, copyright and related rights.

It is the objectively expressed result of intellectual activity that can participate in the economic turnover, become a commodity, and can function in the market. Such an object must and can be protected by the state with the help of law.

Copyright is basically a legal expression of the state's awareness of the importance of preserving culture for the preservation and development of society. Support and protection of creativity, protection of the results of intellectual activity are directly related to the protection of individual freedom and human rights.

By contributing to the creation of conditions for engaging in creative work, ensuring legal recognition and protection of the achieved creative results, securing the rights of authors to use the works created by them and receiving income from such use, copyright simultaneously creates conditions for the use of works in the public interest, for education and enlightenment , familiarization of the widest audience with cultural heritage and new creative achievements.

In the section of jurisprudence devoted to copyright in the music show business, there are many curious subtleties. Numerous performers, actors, musicians, songwriters, music publishers, directors, including the most famous, have tried to figure out what copyright is, how royalties are calculated, how tax planning is done, and so on.

Copyright extends to works of science, literature and art, regardless of the form, purpose and merit, as well as the method of their reproduction (they may be published or not, but must be expressed in some objective form that allows reproducing the result of the creative activity of the author-performer : tape, mechanical or tape recording, etc.).

dramatic and musical-dramatic works with or without text;

scenarios, scenario plans;

motion pictures, television films, radio and television broadcasts;

choreographic and pantomime works, with regard to performances there are instructions set out in writing or in another way;

works of painting, architecture, graphic and decorative-applied art, illustrations, drawings, drawings; plans and sketches refer to performances on stage;

works expressed by means of mechanical or other technical notation;

2. inviolability of the work;

3. to receive remuneration for the use of the work by other persons, except for the cases specified in the law.

It should be borne in mind that at present the parties are free to determine the amount of royalties themselves. The rules for remuneration will be discussed below.

Protection of the inviolability of works and the name of the author during his lifetime:

1.with any use of the work, it is prohibited, without the consent of the author, to make any changes either in the work itself or in its title, and in the designation of the author's name;

The use of the author's work by other persons (including translation into another language) is allowed only on the basis of an agreement with the author or his successors. The right to remuneration for the use of a work in translation into another language belongs to the author of the original in all cases, except for those specified in the aforementioned law.

2. this right does not prevent others from using the same work to create a new work.

1. acts throughout the life of each of the authors and passes by inheritance

At the beginning of 2001, there were 547 professional theaters in the Russian Federation, including 65 - opera and ballet, 318 - dramatic and musical comedy, 151 - puppet and young spectators, 264 concert organizations and independent philharmonic groups, 62 circuses, 2047 museums, 51.2 thousand public libraries, 54.8 thousand institutions of cultural and leisure type (palaces of culture, clubs, leisure centers, etc.), 542 parks of culture and recreation. The number of immovable monuments of history and culture protected by the state amounted to 84.9 thousand.

Table 4.4. Indicators of the development of the sphere of culture

Attendance at theaters
1000 population
Museum attendance at
1000 population
Libraries, thous.
Number of readers
libraries per 1000 population
Cultural and leisure
institutions, thous.
The number of places in the cultural
leisure facilities at
1000 population
Number of stationary
cinema installations, thous.
Number of visits
screenings on average
one resident
Number of newspapers (editions)
One-time circulation of newspapers, mln. Copies
Number of magazines and others
periodicals
Annual circulation of magazines and
other periodic
editions, million copies
Number of titles
published books and brochures, thous.
Circulation of published books and
brochures, million copies

Source: Russian Statistical Yearbook. 2001. M. Goskomstat of Russia, 2001.S. 259-265.

The network of organizations involved in the performing arts, preservation of cultural heritage, and club activities was formed during the Soviet era (Table 4.4) as a network of government agencies and institutions owned by state-owned enterprises. It was built in accordance with certain principles and standards for the placement of cultural institutions. For cities of different numbers and different status (regional center, city of regional subordination, regional center, center of an autonomous republic, capital of a union republic), a certain minimum set of cultural institutions was envisaged.

The use of libraries and a number of services of cultural and leisure institutions were free of charge for the population. Entrance fees to museums, theater performances and philharmonic concerts were kept low to make these cultural activities affordable. State theaters, concert organizations, museums, public libraries and club establishments were financed from the state budget according to an estimate of revenues and expenditures. The expenses for the maintenance of cultural and leisure institutions and libraries belonging to enterprises and collective farms were covered from their own funds.

During the transition period from a planned to a market economy, the above sectoral systems evolved in different directions. If the total number of libraries, cultural and leisure institutions, parks of culture and recreation decreased, the network of theaters and museums, on the contrary, expanded (Table 4.4). A feature of the organization of theatrical business in our country during the period of socialism was the use of exclusively the model of the repertory theater (the model of the Moscow Art Theater). Since the late 1980s. Several thousand small theater studios appeared in the country, some of which became professional repertoire theaters. At the same time, another, widely used in the world, model of organizing theatrical activity - an entreprise - was developed.

At the same time, the attendance rates for all types of cultural institutions have been declining over the past decade. The main reasons for this were the rapid development of audiovisual technology, cable and satellite television, which expanded the ability of many people to consume cultural goods "at home" and turned many apartments into "home cultural institutions". The decline in tourism within the country and the deterioration of the quality characteristics of the goods offered to the population, due to a significant decrease in state funding for the cultural sector, also played a negative role.

The privatization of the economy affected the considered sectors of the cultural sphere. Cultural institutions that belonged to the privatized industrial and agricultural enterprises were partially transferred to municipal and state ownership, partially remained in the ownership of privatized enterprises, and some cultural and leisure organizations became independent economic societies. At present, professional theaters, philharmonic societies, libraries, museums, cultural and leisure institutions for the most part remain within the framework of the public sector of the economy and are state or municipal property.

As opposed to performing arts and conservation activities

cultural heritage, publication of periodicals and books, production

audiovisual products are now carried out predominantly by non-governmental organizations.

The total number of newspapers published in our country has been steadily growing over the past twenty years, but the one-time circulation, reaching a peak in 1990, then began to decline (Table 4.4). In 2000, 5.8 thousand newspapers were published, and their one-time circulation per 1000 population was 109 copies. This corresponds to the indicators of countries such as Italy, Mexico, Turkey. For comparison: in the USA the value of this indicator is twice as high, in the UK - three times. The total circulation of published books has decreased more than three times over the past ten years. In 2000, 471 million copies were published. But the number of titles of published books has begun to grow in recent years, reaching 60 thousand in 2000. The variety of published books is increasing, but the average circulation of one edition is falling.

Table 4.5. Cinematography industry performance

Release of full-length fiction
Including with the state
funding
Number of visits to movie shows,

The right to participate in cultural life and use cultural institutions, as well as access to cultural values ​​of every citizen of the Russian Federation is guaranteed by the Constitution of the Russian Federation (Article 44), and the law of the Russian Federation "Fundamentals of Legislation of the Russian Federation on Culture" No. 3612-1 of 09.10.1992 was the first "sectoral" law and served as the basis for the formation of regional legislation in the field of culture.

The objectives of the legislation of the Russian Federation on culture are:

Ensuring and protecting the constitutional right of citizens of the Russian Federation to cultural activities;

Creation of legal guarantees for the free cultural activity of associations of citizens, peoples and other ethnic communities of the Russian Federation;

Determination of principles and legal norms of relations between subjects of cultural activity;

Determination of the principles of state cultural policy, legal norms of state support for culture and guarantees of non-interference of the state in creative processes. Law "Fundamentals of the legislation of the Russian Federation on culture".

At present, 15 federal laws of direct action related to the field of culture have been adopted, there are 104 effective decrees of the Government of the Russian Federation on culture and art, over 60 decrees of the President of the Russian Federation. Over 140 international agreements and treaties have been adopted. In addition, the constituent entities of the Federation adopted 150 laws on various branches of culture and art. Let's consider the main ones.

The legislation of the Russian Federation on culture consists of the following basic laws:

1.The Constitution of the Russian Federation was adopted on 12.12.1993 (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of 30.12.2008 N 6-FKZ and of 30.12.2008 N 7-FKZ)

2. The Law "Fundamentals of the Legislation of the Russian Federation on Culture" (approved by the RF Armed Forces on 09.10.1992 N 3612-1) (as amended on 08/05/2010)

3. Federal Law of 17.06.1996 N 74-FZ "On National-Cultural Autonomy" (as amended on 09.02.2009, as amended and supplemented, entered into force on 24.02.2009)

4. Federal Law of 25.06.2002 N 73-FZ "On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation" (as amended on 30.11.2011, as amended and supplemented, entered into force on 01.04.2012)

5. Federal Law of 26.05.1996 N 54-FZ "On the Museum Fund of the Russian Federation and Museums in the Russian Federation" (as revised on 23.02.2011) and a number of others.

In cases stipulated by the Law "Fundamentals of the Legislation of the Russian Federation on Culture" and other legislative acts of the Russian Federation on culture, normative legal acts of the Russian Federation in the field of culture are issued. ...

The Constitution of the Russian Federation establishes the most important and socially significant rights and freedoms for an individual, society and state in the field of culture and cultural activities.

Constitutionally enshrined principles guaranteeing freedom of literary, artistic, scientific, technical and other types of creativity, teaching, the right to participate in cultural life and enjoy the achievements of culture, and access to cultural values. Everyone is obliged to take care of the preservation of the historical and cultural heritage, to protect the monuments of history and culture.

According to the Constitution of the Russian Federation, everyone can engage in creative activities; and state bodies and local self-government bodies do not have the right to interfere in the creative life of a person, which took place during the years of the totalitarian regime.

Article 28 of the Constitution of the Russian Federation guarantees freedom of conscience, freedom of religion, including the right to profess, individually or jointly with others, any religion or not to profess any, freely choose, have and disseminate religious and other beliefs and act in accordance with them.

The Constitution of the Russian Federation guarantees everyone freedom of thought and speech. Propaganda or agitation inciting social, racial, national or religious hatred and enmity is not allowed. Promotion of social, racial, national, religious or linguistic superiority is prohibited. No one can be forced to express or renounce their opinions and beliefs. Everyone has the right to freely seek, receive, transmit, produce and distribute information in any legal way. The list of information constituting a state secret is determined by federal law. Freedom of the media is guaranteed. Censorship is prohibited.

In accordance with the Constitution of the Russian Federation, everyone has the right to education. The availability and free of charge of preschool, basic general and secondary vocational education in state or municipal educational institutions and enterprises are guaranteed. Everyone has the right, on a competitive basis, to receive a higher education free of charge at a state or municipal educational institution and at an enterprise. Basic general education is compulsory. Parents or persons replacing them ensure that children receive basic general education.

Guided by the fundamental law of the Russian Federation - the Constitution, the Federal Treaty, the norms of international law, recognizing the fundamental role of culture in the development and self-realization of the individual, the humanization of society and the preservation of the national identity of peoples, the assertion of their dignity, noting the inextricable link between the creation and preservation of cultural values, the introduction of all citizens to them with socio-economic progress, the development of democracy, the strengthening of the integrity and sovereignty of the Russian Federation, expressing the desire for interethnic cultural cooperation and the integration of domestic culture into world culture, the Law "Fundamentals of Legislation of the Russian Federation on Culture" was adopted as a legal basis for the preservation and development of culture in Russia.

According to the Law "Fundamentals of the Legislation of the Russian Federation on Culture", cultural activities are "activities for the preservation, creation, dissemination and development of cultural values" Law "Fundamentals of Legislation of the Russian Federation on Culture"

The Law "Fundamentals of the Legislation of the Russian Federation on Culture" regulates cultural activities in the following areas:

Identification, study, protection, restoration and use of monuments of history and culture;

Fiction, cinematography, stage, plastic, musical art, architecture and design, photography, other types and genres of art;

Artistic folk crafts and crafts, folk culture in such manifestations as languages, dialects and dialects, folklore, customs and rituals, historical toponyms;

Amateur (amateur) artistic creation;

Museums and Collecting;

Book publishing and librarianship, as well as other cultural activities related to the creation of printed works, their distribution and use, archiving;

Television, radio and other audiovisual media in terms of the creation and dissemination of cultural property;

Aesthetic education, art education, pedagogical activity in this area;

Scientific research of culture;

International cultural exchanges;

Production of materials, equipment and other means necessary for the preservation, creation, dissemination and development of cultural values;

Other activities, as a result of which cultural values ​​are preserved, created, disseminated and assimilated.

The federal law "On national-cultural autonomy" defines the legal basis for national-cultural autonomy in the Russian Federation, creates the legal conditions for interaction between the state and society to protect the national interests of citizens of the Russian Federation in the process of choosing the ways and forms of their national-cultural development.

The federal law "On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation" regulates relations in the field of preservation, use, popularization and state protection of objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation and is aimed at implementing the constitutional right of everyone to access cultural values ​​and the constitutional obligation of everyone to take care of the preservation of the historical and cultural heritage, to protect the monuments of history and culture, as well as to the realization of the rights of peoples and other ethnic communities in the Russian Federation to preserve and develop their cultural and national identity, protect, restore and preserve the historical -cultural environment, protection and preservation of sources of information about the origin and development of culture.

The Federal Law "On the Museum Fund of the Russian Federation and Museums in the Russian Federation" defines the specifics of the legal status of the Museum Fund of the Russian Federation, as well as the specifics of the creation and legal status of museums in the Russian Federation. Legislative policy and legal regulation in the field of culture.

One of the tasks of modern Russia is to ensure a single cultural space throughout its territory, which includes legislative, institutional and organizational guarantees for the sustainable development of the cultural environment. Free access to all cultural benefits and the development of all existing creative resources are the main parameters of this development.

Not much time has passed since the beginning of democratic reforms in our country. Meanwhile, Russia is rapidly advancing along the path of reforms and the mechanisms of work that are characteristic of world practice are becoming relevant in our country as well.

It is no secret that at present, cultural institutions are guaranteed only minimum funding from the state budget. There are no other real economic guarantees. However, in the conditions of the economic crisis, acute deficit and a disordered system of public finances, the state budget is unable to meet the needs of culture. The entire burden of this situation falls on the constituent entities of the Federation, local self-government bodies, which were practically left alone with their social, financial and economic problems. Therefore, cultural institutions in modern economic conditions have to rely on themselves, look for the possibility of additional resource provision.

A certain part of cultural institutions, such as large museums, libraries, art galleries, exhibition complexes, quite successfully resolve issues of attracting additional funds for the preservation and development of their funds and material and technical base. However, most of the cultural institutions - rural clubs and libraries, museums of small towns, acting alone, do not have the opportunity to enter the international arena, attract sponsorship funds, provide paid services, etc.

In this situation, social regulation becomes one of the priority areas of activity of government bodies. It is here that the organizing, regulating and coordinating function of the regional governing body should manifest itself, capable of seeing and analyzing the current situation in the region, proposing optimal solutions, predicting possible results, and taking into account the negative consequences of the proposed actions.

The transformations taking place in Russia contribute to the fact that the center of gravity of administrative activities in the sphere of culture is shifted to the regions.

The functions of a modern state imply the need for state policy in the field of culture (cultural policy). The means of developing and implementing such a policy are the development and adoption of state programs, the creation of specialized executive bodies (ministries, state committees, etc.), state organizations, institutions, cultural enterprises.

In the Russian Federation, such functions are performed by the Ministry of Culture. In accordance with the Regulation approved by the Decree of the Government of the Russian Federation of 06.06.97. 679, the Ministry of Culture of the Russian Federation (Ministry of Culture of Russia) is a federal executive body that conducts state policy in the field of culture, art, protection and use of historical and cultural heritage (hereinafter referred to as the sphere of culture), as well as exercising state regulation and coordination of the activities of other federal executive authorities in this area in cases established by federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

The existence of a full-fledged and independent Ministry of Culture seems appropriate in the context of national traditions of public administration. This provides the industry with the best funding, as well as a certain equality with other industries in the state mechanism and gives freedom of initiative. The existence of the Ministry is necessary, since the public sector in culture remains important, there are a significant number of cultural institutions under state control, and funding from extra-budgetary sources is just being formed.

In this situation, social regulation becomes one of the priority areas of activity of government bodies. It is necessary, first of all, because it was the state, according to the Constitution, that assumed the role of guarantor in ensuring the principle of accessibility for its citizens of sources of satisfying cultural needs.

The human right to participate freely in cultural life in itself is not enough - cultural activities must also be stimulated. The world community has realized that "cultural development should increasingly become the concern and duty of the modern state and all other institutions that make decisions on strategies, programs, and projects for social development."

There are two ways of state financing of culture - direct budget allocation and indirect financing through loans, tax incentives, etc. In accordance with Article 45 of the RF Law "Fundamentals of the Legislation of the Russian Federation on Culture", the state guarantees the creation of conditions for the preservation and development of culture through direct funding.

In order to create a system of guaranteed state funding, the law establishes a minimum share (standard) of budgetary appropriations allocated to the needs of culture. It is envisaged that at least 2% of the republican budget and at least 6% of local budget funds are allocated for these purposes annually.

However, this norm is not fulfilled already at the stage of budgeting.

The situation is further aggravated by the fact that even these funds are not fully allocated. The practice of budget execution in recent years has shown that the budget has ceased to be a law in accordance with which real financing is carried out.

The crisis state of culture in the Russian Federation is obvious, although the depth of spiritual degradation and the difficulties of overcoming it, apparently, are still far from fully understood. There is enough reason to believe that the enormous cultural potential of Russia has not been adequately assessed, which, in spite of everything, has survived, and in some respects has grown.

Modern trends in the development of the cultural industry in Russia are associated with numerous problems, some of which are caused by the imperfection of the existing regulatory and legal framework. Meanwhile, balanced legislation regulating legal relations in the sphere of culture is potentially a guarantor of the creation of the necessary conditions for the effective cultural development of society.

At present, the problem lies in the absence of an integral or unified legal mechanism in which all the normative elements do not contradict each other, but are coordinated, contributing to more effective and fruitful work of cultural institutions, the activities of creative people. Such a legal core in the cultural environment is the basic law on culture, which coordinates the goals, principles and priorities of the state cultural policy. Today it is the RF Law "Fundamentals of the Legislation of the Russian Federation on Culture". At the same time, it is clear that it does not correspond to modern socio-cultural, legal and economic-political conditions.

Legal relations in the sphere of culture are in conflict with numerous Russian laws, and the periodic amendments to the "Fundamentals of Legislation on Culture" made this legal act a collection of disparate articles.

In addition, it is worth noting the absence of some legal norms that would consolidate certain cultural processes, practices and new forms of interaction (in particular, concerning art education, various kinds of partnerships in the field of culture), and the unresolved situation with the status of creative professions, and problems associated with the delineation of powers between federal and regional authorities.

Meanwhile, there is a need for the timely determination of the leading goals of the state cultural policy, in the creation of a unified conceptual space, a clearly structured system of financing, preservation and strategic use of cultural heritage objects, increasing the efficiency of the institution of patronage and charity. In particular, one of the acute problems in the normative-legal space of culture is associated with departmental disunity: for example, the process of education in the field of culture is a place where interests intersect between the ministries of culture and education.

No less acute are the contradictions in the legislation, which regulates the processes of copyright enforcement, which in many respects do not agree with the basic principles of library and museum activities.

The variety of legal problems is striking. In particular, the legal norms in the cultural industry at the present stage operate in such a way that, for example, they reduce the degree of state support for cinematography, since the budgetary funds received from the state in the corresponding funds are taxed.

It is also important to emphasize that when creating certain normative legal acts, the legislator does not always take into account the specifics of cultural activities. As a result, the "gap" in the normative and legal sphere of Russia's cultural policy becomes the reason for the stagnation of positive factors in the development of Russian culture. This fact makes it necessary

reforming the regulatory framework in the cultural sector.

The sphere of culture in Russia: from a policy of survival to a strategy of advanced development Almost twenty years have passed since the moment of the formation of the Russian Federation as a sovereign state. Its consequences were especially acute on the development of socially significant sectors: education, health care, culture. Despite the generally accepted rhetoric about the importance of culture and art, reality shows completely opposite tendencies. First, we are talking about a narrow understanding of culture.

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Muzychuk V.Yu.

Institute of Economics RAS

Moscow city

The sphere of culture in Russia:

from a policy of survival to a strategy of advanced development

Almost twenty years have passed since the formation of the Russian Federation as a sovereign state. The period of formation was marked by a severe socio-economic crisis that engulfed all spheres of social life. Its consequences were especially acute on the development of socially significant sectors: education, health care, culture.

With the collapse of the USSR, the Russian Federation immediately lost its position in the ranking in terms of human development (from 33rd place in 1990/1991 (USSR) to 52nd in 1992). In the Human Development Report 2007/2008, Russia was ranked 67th. Despite the economic achievements of the 2000s, Russia has not yet managed to significantly improve the qualitative characteristics of social life.

The strategic goal of the Concept for the Long-Term Development of the Russian Federation (Concept-2020), adopted at the end of 2008, is the transition to an innovative, socially oriented way of development. Human development is recognized as one of the six main directions of the reforms being undertaken. At the same time, fundamental importance is attached to the development of science and education, assigning culture exclusively to the role of providing leisure. Despite the generally accepted rhetoric about the importance of culture and art, reality shows completely opposite tendencies.

First, we are talking about a narrow understanding of culture. Culture is associated, as a maximum, with a system of cultural and leisure institutions, at least - with the activities of representatives of creative professions. Culture as the driving force of social and personal self-regulation, as the spiritual and material progress of mankind in the name of the qualitative improvement of all spheres of social life, unfortunately, is not taken into account. A narrow-branch view of culture prevents its penetration into the fabric of social governance.

Secondly, the low legal and social status of culture gives rise to the lack of demand for the potential of culture in the system of state structure. This is evidenced by a number of circumstances: culture was not included in the list of priority national projects; Article 7 of the Law of the Russian Federation of 09.10.1992 No. 3612-1 "Fundamentals of the Legislation of the Russian Federation on Culture", which guarantees the obligatory nature of cultural aspects in state development programs, does not work in practice; the mention of culture in the annual Appeals of the President of the Russian Federation to the Federal Assembly of the Russian Federation first appeared in the text of the Address only in 2007; Concept 2020 serves as a vivid proof that culture is not included in the area of ​​responsibility of the state; the Program of Anti-Crisis Measures of the Government of the Russian Federation does not contain as such a section on anti-crisis measures in the field of culture; within the framework of anti-crisis measures to reduce the state budget deficit, spending on culture and art was first of all subjected to sequestration. Moreover, in accordance with the All-Russian Classifier of Economic Activities (OKVED), the services of cultural institutions were included in the section “Provision of other communal, social and personal services”, while education and healthcare services have their own separate sections. As a result, since 2005, the Russian statistical yearbook does not provide data on the average number of workers in culture and art, their average monthly wages, as well as other socio-economic indicators of the development of the industry, since they are "diluted" in the total mass of "other utilities, social and personal services ".

Thirdly, the sphere of culture is still perceived as an industry, the functioning of which is burdensome and unprofitable for the state budget, therefore the financial and economic departments are making persistent attempts to evaluate culture solely from the point of view of economic efficiency and "introduce it into modern market relations." Despite the increase in funding for culture in recent years, in terms of the amount of expenditure on culture per capita in comparable prices, the level of 1991 was surpassed only in 2004, and the summer ... The administrative, budgetary and local self-government reforms carried out since the beginning of the 2000s have only aggravated the already difficult situation in the cultural sphere. The undertaken transformations took place against the background (and in many cases actively contributed) to a significant reduction in the network of cultural and leisure institutions. First of all, this concerns libraries and cultural and leisure institutions, the only centers of culture in the countryside. The step-by-step accessibility in the program documents of the financial and economic departments was replaced by the transport one (in the conditions of the Russian off-road!). Against the background of an increase in the number of theaters and museums, there has been a steady trend towards a decrease in their attendance.

As a result, the public is in the dark about the goals and results of cultural policy, as well as the distribution and use of funds. The absence of a system for monitoring the conditions and trends of cultural life indicates a disregard for public opinion as a cultural and political mechanism. Despite the existing awards and grants to cultural figures, the largest representatives of the creative professions do not have enough power to actively regulate cultural life in the country.

The introduction to cultural values ​​is reduced exclusively to visiting cultural sites. But in order for cultural values ​​to be in demand, it is necessary to inculcate a “taste” for culture from generation to generation, so that it becomes an essential necessity in the life of every person. The results of sociological polls by the Levada Center testify to fundamental changes in the value orientations of Russians. In 2007, 59% of respondents were not interested in classical music, 54% admitted that they were not interested in poetry and fiction, 58% in theater, 44% never or very rarely read books, 37% read sometimes, from time to time, and from the reading public, every fourth respondent gives preference to the "female" detective 1 ... According to a VTsIOM poll, 22% of Russians have never been to a theater and only 2% of those surveyed visit the theater several times a year. 60% of Russians prefer to spend their free time at home watching TV or listening to the radio, only 8% go to cinemas, and 6% to theaters 2 ... According to the Levada Center, 50% of Russians expressed their dissatisfaction with the possibilities of cultural recreation in their place of residence, 18% admitted that they are not interested in cultural recreation due to lack of money and time, as well as lack of desire. 32% of the respondents stated that the opportunities for cultural recreation in their place of residence have not changed at all over the past 5-7 years, 10% noted some deterioration, 12% stated a significant deterioration, and 8% said that they never had such an opportunity and was not 3 .

All of the above testifies to a real deterioration in the accessibility of culture for broad strata of the population, which is reflected in a decline in the cultural level and deep spiritual ill-being of modern Russian society. In fact, for nearly twenty years since Russia gained its sovereignty, Russian culture has survived as best it could. It should be about the need for the advanced development of culture, about the cultural imperative of socio-economic development, which requiresmainstreaming cultural education, giving it a mass character, and not only within the framework of popularizing cultural heritage, but, first of all, with the aim of preventing the dehumanization of society, leveling the spiritual principle in people's lives.

The onset of the global financial crisis has actively contributed to the emergence of the next (cyclical in its essence) burst of attention to the methods of forecasting and modeling of socio-economic processes, the application of the wave approach to economic development. The cyclical nature of socio-economic development acquires a fundamentally different meaning in relation to the sphere of culture due to the special specifics of cultural activity, since the progressive development of culture is due to the continuity and synchronization of two equivalent processes:

• preserving the continuity of the development of culture, transferring the accumulated cultural achievements to future generations;
• evolutionary development of culture, the emergence of new forms of its manifestation, necessary for a qualitative breakthrough, renewal of all spheres of social life.

It is, on the one hand, about maintaining culture at a certain level, the inadmissibility of reducing its qualitative and quantitative characteristics, preserving the cultural potential of society as a whole, on the other hand, about the innovative development of culture, laying down megatrends for the further development of man and society. If the preservation of the cultural achievements of society should be carried out on an ongoing basis, regardless of the phase of the economic cycle, then the introduction of new forms of manifestation of culture experiences a more tangible impact on the part of cyclical processes, since on a descending wave of the socio-economic cycle they are usually in latent, latent state and acquire the possibilities of their real shape only with the onset of an upward trend.

The maintenance of culture on an ongoing basis, regardless of the phase of the socio-economic cycle, is due to the course of demographic processes, the need to preserve the material and spiritual cultural heritage and reduce social risks. The evolution of mankind consists in the continuous reproduction of man, since the nascent generation after generation needs upbringing, education, enlightenment no less than their predecessors. Therefore, we are talking not only about the preservation of cultural achievements for future generations, but also about the need to familiarize them with cultural values ​​today and now. Enlightening children and the younger generation today means reducing social risks and leveling the antagonistic potential in the future through acquaintance with world culture, inclusion in a single socio-cultural space. That is why the maintenance of culture should become a protected budget item, regardless of the phase of the socio-economic cycle, and especially on its downward wave.

Crisis stage is the most difficult for the development of the economy as a whole, but for culture it is especially dangerous, since "patching holes", as practice shows, occurs at the expense of reducing social spending, including on culture and art. An example of Russia in the early 90s. last century, as well as the outbreak of the global financial crisis is a clear confirmation of this. Meanwhile, the experience of the United States attracts attention: an analysis of the dynamics of economic development, including the social sector (education and health care), demonstrates that, under no crisis manifestations, investments in health and education have not decreased over the past slightly less than four decades, starting from the 70s. x years. last century!

If, on the upward wave of the economic cycle, the state in supporting culture can limit itself to providing a socially significant minimum, replenishing most of the financial investments at the expense of alternative sources of support, then in a crisis, the latter are practically incapable. The state is left alone with the solution of cultural problems, since here the social significance of culture prevails over the individual preferences of sponsors and patrons. The need for state support for culture in a crisis acquires a high public sounding, as it directly affects the problems of national security and the existence of the state itself. At this stage, there is an urgent need for a paternalistic approach on the part of the state, mainly in the form of direct budget funding.

However, the crisis should not be underestimated, since practice shows that the peak of creative activity occurs precisely during this period in order to put into practice the accumulated creative achievements in the event of a surge in business activity. Therefore, anti-crisis state support for cultural activities is necessary not only to level the consequences of previously accumulated social risks and prevent the emergence of new ones, but also to maintain creative activity.

The modern Russian reality is such that without active state support to domestic culture, taking into account the previously accumulated social risks, irreparable damage can be caused. It is necessary to radically change the current policy of survival to the strategy of the advanced development of culture, which is impossible without a real understanding that: a). Culture is the driving force behind social and personal self-regulation; b). Culture lays down megatrends for the further development of society; v). Culture is not fun.

The strategy of advancing culture development is based on a number of provisions:

1. Culture should be included in the rank of national priorities (not limited to the format of the national project).
2. The development of culture requires the socio-cultural transformation of all spheres of social life, and not only the implementation of organizational and economic measures within one single industry.
3. Expenditures on culture are investments in human potential, investments in the future of the country.
4. The development of culture as a problem of high public awareness, as well as due to the special specifics of cultural activities, requires active government support.

1 Public opinion - 2007. M .: Levada-Center, 2007. S. 180-195.

2 Russians don't have enough time. // Labor. 04.06.2008.

3 Public opinion - 2007. M .: Levada-Center, 2007. S. 185.

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