Freedom of Arts: Theoretical Legal Aspects of Regulation and Protection

The main purpose of this master's thesis is to identify a list of general criteria that would help in the assessment, and subsequently can become the basis for an effective fair assessment from the standpoint of the legality or illegality of the behavior of the subject, who, according to his or her position, created an object of art, and therefore claims to legal protection in the context of the right to freedom of arts and / or freedom of expression. To achieve this purpose, there are following tasks of the research: (1) to conduct a philosophical understanding of the concept of creativity, as well as freedom of arts, based on doctrinal developments; (2) to identify the institution of freedom of arts in international legal acts, give a description and list of such acts; (3) to analyze the theoretical and legal disputes about the balance in a secular state based on the example of the correlation between the right to freedom of arts and the protection of the rights of believers; (4) to identify and analyze the key positions of the Constitutional Courts in the Russian Federation and Germany, the European Court of Human Rights, the Supreme Court of the United States; (5) to define the concept of the constitutional right of a citizen of Russia to freedom of arts and analyze its content; (6) to identify, describe, suggest possible ways of solving the problems of realizing freedom of arts existing in the Russian Federation; (7) to describe the key aspects of legal regulation and practice of realizing freedom of creativity abroad on the example of the United States and Germany as key representatives of the dominant legal families in the world (Anglo-Saxon and Romano-Germanic, respectively). The main conclusions have been made by author on the basis of the analysis of scientific sources, legal acts and judicial practice on the topic at the end of this research.