CIVIL LEGAL REGULATION OF MOVABLE CULTURAL VALUES CIRCULATION IN UKRAINE

Abstract

The article deals with theoretical and practical problems of the circulation of movable cultural values in civil law. The cultural values as objects of civil rights are explored. The qualification of cultural values as things in civil law is made considering their features. The author analyzes the specifics of transactions with cultural values. Particular attention is paid to the contract of sale of cultural values, including the sale through an auction. The author has identified that the distinctive feature of the Ukrainian legislation on contracts of sale of cultural values is the possibility of the preemptive right of the state to purchase them. The protection of property rights for cultural values is examined separately. It is claimed that the vindication claim is the main civil law manner to protect property rights for cultural values. It is found out that the problem of a bona fide beneficiary arises in the protection of property rights to movable cultural values. It has been determined that the representation based on an agency agreement is used to purchase and sell cultural values at auctions.