Restitution of Cultural Values in Ukraine: Historical Origins, International Legal Aspects and Terminological Challenges

Abstract

The purpose of the article is a comprehensive study of the historical foundations and modern practice of restitution of cultural values in Ukraine, the determination of key aspects of state policy in this area, the analysis of international legal mechanisms for the protection of cultural heritage, as well as the study of the terminological apparatus necessary for conducting expertise in the process of returning cultural objects. Research methodology. To achieve the goal of the research, an interdisciplinary approach was used, which includes historical method, which allowed to trace the development of the state policy of Ukraine in the field of restitution of cultural values, in particular after gaining independence. A comparative legal method aimed at the analysis of international documents, such as the Hague Convention of 1954, the UNESCO Convention of 1970 and other acts regulating the protection of cultural heritage. Terminological analysis, which made it possible to determine the problematic aspects of the formation of the conceptual apparatus within the framework of expert procedures for restitution. A systematic approach that ensured consistency between national and international approaches to solving restitution problems. Scientific novelty. For the first time, the article comprehensively analyses the relationship between the historical factors of the formation of the state policy of Ukraine in the sphere of the return of cultural values and modern challenges, in particular in the conditions of armed conflict. The author revealed the role of international humanitarian law in creating legal mechanisms for the protection of cultural heritage. A new approach to the unification of the terminological apparatus necessary for examination in the restitution process is proposed. The main gaps in the Ukrainian legislation regarding the return of cultural property were identified and ways to eliminate them were proposed. Conclusions. The restitution of cultural values is an important aspect of preserving the national cultural heritage and its integration into the world cultural space. Ukraine has a rich history of loss of cultural objects due to wars, occupations and illegal removal, which makes their return urgent. The analysis of international legal documents indicates a significant potential for cooperation between countries in this area. At the same time, the effectiveness of state policy depends on the improvement of the legal framework, the harmonisation of national legislation with international standards, and the training of experts on restitution issues. The article emphasises the importance of developing clear criteria for terminological examination, which is a key stage in the process of returning cultural values.