Introduction. In modern conditions, one of the important areas of national development is acknowledged state cultural policy, including with regard to cultural heritage, designed to ensure priority of cultural and human development as the foundation of economic prosperity, national sovereignty and civilizational identity of the Russian Federation. Theoretical analysis. prerequisites for the formation of the state of Russia’s policy in relation to cultural heritage are the provisions of the Constitution, the generally recognized principles and international acts in the cultural sphere as well as the objectives of the Russian state to preserve the unity and integrity of the state, traditional values and national identity. State objectives in the field of cultural heritage are proposed to divide into two groups: the tasks of the intangible mental order and tasks aimed at preserving the cultural heritage, that is, the material nature of the problem. Empirical analysis. Existence of the constitutional obligation determines the objective need for the production of a clear and effective system of legal liability for failure or improper performance of duties within the public policy with respect to the cultural heritage. It is necessary to specify what is meant by «passive» implementation of the constitutional responsibilities of each one to preserve cultural heritage.