Legislative system in the field of culture is an unusual aspect of viewing this immensely important domain of human life, and so far the position of culture in the context of its place in the legislation of a country and the influence of such a system on its development have not been considered as topics worth analyzing. There has indeed been very few papers dealing with this matter, both in national and international literature. Although the problem of cultural legislation and the relation of the terms 'law' and 'culture' in general is of theoretical nature, a very important issue arises in this context - the virtual position of culture in the Serbian administrative and legislative system. In addition, there are numerous important aspects to this issue which can basically come down to the analysis of the virtual relation between culture and state, as well as the relation of culture and law in the Serbian legislative system which can offer answers to most questions beside practical legal position of our culture. Besides, the position of culture in Serbian politics may also be interesting in this context, since the influence of politics in Serbia is so overwhelming that it represents a significant factor of the overall cultural development. Along with these aspects, the topic requires an analysis of certain researches related to the practical overview of the legal position of culture in Serbia. In view of the fact that virtual position of culture in the Serbian administrative and legislative system is directly related to the actual influence of the law on our cultural development, we find that the presentation of this problem may indicate other insufficiently utilized elements which may be a basis for a quality progress. Namely, the restructuring of the system of administrative and legal positioning of Serbian culture may create adequate prerequisites for its further development, because this system is of enormous significance for its existence.