Comparative analysis of criminal liability in the Republic of Moldova, Germany, Ukraine, and France in the field of cultural heritage

Abstract

The protection of cultural heritage is a vital concern for many nations, requiring robust legal frameworks to address illicit acts such as looting, vandalism, and trafficking of cultural artifacts. This study comparatively examines the criminal liability for offenses against cultural heritage in the Republic of Moldova, Ukraine, France, and Germany. In the Republic of Moldova and Ukraine, both countries grapple with transitional challenges in safeguarding cultural heritage. Their legal systems impose penalties for violations; however, enforcement and institutional capacity remain limited, particularly in rural areas where illicit excavation and trafficking are prevalent. France and Germany, as European Union (EU) member states, feature wellestablished frameworks for protecting cultural heritage. France emphasizes stringent penalties under its Code du patrimoine, reflecting the country’s deep cultural pride. Germany, through the Kulturgutschutzgesetz (Cultural Property Protection Act), integrates international conventions and employs advanced measures to combat trafficking, including customs control and extensive inventories of protected artifacts. A key difference lies in enforcement mechanisms. Moldova and Ukraine, while parties to international conventions such as the UNESCO 1970 Convention, often lack the resources for effective application. In contrast, France and Germany exhibit proactive collaboration with international bodies and maintain specialized institutions for cultural heritage preservation. This comparative analysis highlights the necessity of aligning national laws with international standards, strengthening enforcement mechanisms, and fostering cross-border cooperation to protect cultural heritage effectively. The study concludes by advocating for legislative refinement and capacity-building in Moldova and Ukraine to mirror the exemplary practices of France and Germany.