Theoretical bases of the civil mode of archeological finds

The purpose of the real work is development of theoretical bases of the civil mode of archeological finds as independent kind of things and also formulation of conclusions and suggestions for improvement of the legislation in the specified sphere. Arguments in favor of addition of the Civil Code of the Russian Federation with separate article "Inheritance of Archeological Finds (Collection of Archeological Finds)" are adduced. The author qualifies a duty of the person which is going to leave abroad, to sell to public authority the archeological finds stated to export as compulsory repayment and to change Article 235 of the Civil Code of the Russian Federation. The research of features of legal status of title owners of archeological finds is conducted. At the same time the known theoretical design of special legal status, such elements as the special legal capacity and the specific rights and duties of their carriers allowing to concretize is used. Special legal status of an archeological find limits the general legal status; privilege of purchase by the state of an archeological find, a duty to get permission to implementation of search of archeological finds, a duty of registration of the found things can belong to such restrictions. Special legal status of title owners of archeological finds gives the grounds to speak about specificity of its contents and a form which are expressed, in particular, in special legal registration (signing of the contract of sale of archeological finds, obtaining permission to production of archeological excavations, registration of the found archeological finds with further obtaining documents of title on them). The moment of emergence of legal status depends on a type of the title owner archaeological finds. As a result of generalization of the uniform legal phenomena and to formulation of definition of the concept "title owners of archeological finds". The traditional design of title possession in relation to such kind of subjects of civil law as owners of archeological finds is used. Results of the conducted research allowed to meet lacks in the theory of objects of civil legal relationship and to put a basis for the theory of things such. The offered theory gives the grounds for development significantly of new provisions of the legislation on cultural values. The conclusions and offers formulated in work can be used in further scientific research of a perspective of legal regulation of the relations connected with cultural values and archeo-logical finds.

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