Inter-Branch Differentiation of Actions Concerning Historical and Cultural Heritage: Issues of Theory and Practice

The article considers the conditions for distinguishing crimes from related administrative offenses, which, in relation to acts related to historical and cultural heritage, are in a state of permanent intersectoral competition. It is recognized that the presence or absence of consequences is the most reliable and least controversial criterion for distinguishing criminal and administrative responsibility for acts committed in relation to historical and cultural heritage, since the crimes provided for in art. 243, 2431, 2432, 2434 of the Criminal code of the Russian Federation have a material structure. In this regard, it is concluded that the basis for intersectoral differentiation of responsibility for acts in relation to historical and cultural heritage should be criminally punishable harm to its elements in the form of damage, destruction and (or) loss of axiological significance, whereas administrative responsibility should be determined by creating a danger of such destructive consequences as a result of violation requirements for their preservation and (or) modern use. Due to such intersectoral differentiation, the law enforcement officer will be limited in the possibility of selective enforcement. At the same time, the proportionality of the distribution of the repressive burden will be based on public danger, determined by the nature of the consequences of the committed act.