COMPARATIVE LEGAL STUDIES IN THE METHODOLOGY OF RESEARCHING ADMINISTRATIVE-LEGAL PROTECTION OF CULTURAL HERITAGE

Abstract

The article examines comparative law as a methodological foundation for the study of administrative and legal protection of cultural heritage with a clearly defined goal – to clarify its heuristic potential for organizing concepts, forming procedures for adapting foreign decisions to Ukrainian law, etc. It is shown that the subject of consideration is not only a comparison of norms, but primarily the logic of the study: from the unification of the categorical apparatus to the operationalization of performance criteria and the construction of algorithms for transferring regulatory models. The article traces how a comparative approach allows us to identify structural patterns in the evolution of heritage protection institutions and understand what configurations of the powers of the state, society and communities ensure the best interaction in this area, which is directly related to the stated goal of the study. It is detailed that the study covers three interrelated areas. Firstly, conceptual, where key definitions are ordered and a common research language is set for the correct comparison of regimes (in particular, in terms of historical areas and related procedures) – as a prerequisite for avoiding false equivalents in borrowings. Secondly, instrumental, where a set of relevant variables is collected and structured: the division of powers between the central and local levels, permission chains, standards of independent expertise, public consultations, judicial control and predictability of decisions; here, performance indicators are substantiated – from the «density» of procedures to «qualitative» markers, such as the role of expertise and participation standards. Thirdly, axiological, where a balance is worked out between legal certainty, proportionality and community participation, which ensures the consistency of imported mechanisms with national principles and increases the manageability of law enforcement in complex regimes of use of territories and objects. A separate block of the study is devoted to the influence of international guidelines: the mechanisms of implementation of the norms of UNESCO, the Council of Europe and the European Union into the domestic law of different countries are traced and it is shown how their systematic consideration strengthens the harmonization vector of national regulation and increases the level of protection of heritage sites in Ukraine.