ПРАВОВІ ПРОБЛЕМИ ФУНКЦІОНУВАННЯ НАРОДНИХ ХУДОЖНІХ ПРОМИСЛІВ У КОНТЕКСТІ СІЛЬСЬКОГО РОЗВИТКУ
Legal problems of the functioning of folk arts and crafts in the context of rural development

Summary/Abstract: The purpose of the article is to conduct a scientific and theoretical analysis of the legislation of Ukraine and the European Union in the field of rural development, as well as a cluster model of the functioning of folk arts and crafts. Particular attention is paid to the study of the institution of public-private partnership in this area. Research methodology. In the process of writing the article there was used a system of philosophical (dialectical), general-scientific (formal-logical, method of analysis and synthesis) and special-legal (comparative-legal, formal-legal) methods of scientific knowledge. The dialectical method forms the general methodological basis for the study, which allowed to consider the legal problems of the functioning of folk arts and crafts in the context of rural development in the unity of their material content and legal form. The general scientific formal-logical method allowed to investigate the conceptual-categorical apparatus. The method of analysis provided an opportunity to identify gaps in regulations that regulate relations in the field of folk arts and crafts. The method of synthesis was used in the process of substantiating the conclusion about the legal nature of clusters of folk arts and crafts. Using the comparative legal method has allowed to find out the compliance of domestic agricultural legislation with the requirements of legislation in the field of rural development of the European Union and to investigate the content of the concept "cluster". The formal legal method has allowed to reveal the content of the law that regulates relations in the field of rural development and the functioning of folk arts and crafts in Ukraine. The scientific novelty of the work consists in the complex research of legal problems of the functioning of folk arts and crafts in the context of rural development and the search for ways to preserve the cultural heritage of the Ukrainian people. Conclusions. Within the framework of rural development policy and at the expense of the EAFRD, the European Union ensures the preservation of the cultural heritage of rural areas, including the traditional occupations of the population living on them. Despite the fact that the Ukrainian legislation foresees the adoption of a number of measures to stimulate such activities as folk arts, they are not systematic in nature and are not backed up by adequate financial content. The lack of definition of the concepts such as "cluster", "cluster model of development", including folk arts and crafts at the legislative level leads to the creation of clusters in the form of public organizations. Such practice does not correspond to their actual essence. To ensure the development of rural areas and folk arts and crafts on them, it is necessary to adopt an appropriate state program, which will be developed using the cluster approach, as well as the application of the institution of public-private partnership in this area.

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