Malyshev O. O. Historical development of the Swedish legislation on the archaeological heritage protection (XVII–ХХІ)
In this article history of Swedish legislation relating to protection of the archeological heritage as a part of the cultural heritage is considered. Swedish legislation in the realm of the archeological heritage protection is supposedly oldest in the world. Such legislation dates back to as far as the first half of the 17th century. First especial act that demonstrates an integrated approach on the matter of protection of the historical monuments was accepted in 1666.
Hence the Swedish legislative tradition on protection of the archeological heritage consists approximately four centuries. In the thesis general attention to legal acts of the 1630, 1666, 1684, 1734, 1828, 1867, 1942 and 1988 is paid. There documents certainly are the most symbolic for the respective sphere.
The history of the Swedish law clearly demonstrates paradigm changes of social vision of the archaeological heritage in Sweden. In first period Sweden struggled for the world supremacy. Thereby influence of the factors of the Swedish state’s ideology was determinative in that stage. Since this struggle was lost, national romanticism became general reason of the heritage protection. Then beginning of the archeological researches caused the revaluation of the archaeological heritage from the point of view of supremacy of his scientific value. It influenced very much on the archaeological heritage’s legal status. Even nowadays we can see some consequences of such tendencies in Sweden as well as in Ukraine. It mostly becomes apparent in deideologization and abstracting of the legal formulas. At the same time conservative
Swedish legal texts partly kept some pomposity and emotionality. On the other hand the closest attention on the accentually scientific value of the heritage protection caused the loose of the political interest to this realm. Hence the contract archaeology develops increasingly against the background of decrease of direct state financing.
A characteristic feature of historic development of the legal heritage protection in Sweden is continuing attempt to search of a compromise between the governmental and private interests in the law making process. Sweden in many respects is centralized and bureaucratic state as well as Ukraine. Thus the experience of Sweden on the matter of conciliation of the different social interests is very useful for us.
Conclusions about progressive and advanced nature of Swedish legislation development in the respective area, keeping of the specified healthy conservative basis and the legal tradition unity are drawn in the article. For example we can suppose as a progressive legal novation that the fundamental Swedish law act on cultural monuments was renamed as the law on the cultural environment. The term «environment» demonstrates a new integrative approach in the scope of the heritage protection.
Key words: history of state and law of Sweden, archeological heritage archeological excavations, inventory of the archeological heritage, treasure, find.