But with the restoration did not work. Ten days after the examination department of the FSB in St. Petersburg has initiated a case ... on the fact of smuggling. The picture was arrested and left in temporary storage at the museum. Three days after the initiation of criminal proceedings to Alexander Pevzner came with a search warrant. Five months later, an investigator of the FSB accused him of smuggling of cultural property.

Painting vs freedom

From the order of drawing Pevsner as the accused: "March 18, 2003, with the intent to sell paintings K. Bryullov" Christ in the tomb of "the State Russian Museum, the purpose of evading payment of customs duties Pevzner said customs officers and declared notoriously inaccurate information about the purpose of Import pictures, customs regime and its cost ... Based on his statement Pevzner fill in the customs declaration in his name without specifying the author, title and value of paintings, unreliable declare it now in a privileged mode of temporary import ...».

Lawyer collector Anna Stavitskaya considers these charges unfounded: "Pevzner could declare now only in the regime of temporary importation. He could not point to any author, nor the cost of painting, because he did not know them before the examination in the Russian Museum. If he did, then it would be contraband "- explains the defender.

Sell now the Russian Museum Pevzner not going to, despite repeated requests by the museum staff. There all these seven years no secret that dream to get a unique picture of their funds.
In 2005, the Acting Director of the Russian Museum, Ivan Charles just wrote to Major-General Michael Milushkinu, Deputy Head of the FSB's St. Petersburg: "We confirm that interested in the flow pattern KP Bryullov "Christ in the tomb" in the funds of the State Russian Museum for permanent storage.

Pevsner says that after coming to Russia, his phone tapped, and when it became clear that he only wants to conduct an audit of paintings, renovate it, and to take back to Germany, where since the late 90-ies, against him and filed a criminal case, had reason to leave now in Russia.

Agree on this collector's lawyers and lawyers from the prestigious German universities, had studied the case of "state racket". Suspicions are confirmed and the chronology of the criminal case. First, it was initiated immediately after establishing the authenticity of the picture, but not crossing Pevzner Russia's borders. Secondly, despite the multiple interrogations of the accused, the investigator did not take him to sign an undertaking not to leave and not let his departure to Germany. Thirdly, the investigation is suspended in the absence of the accused, and the picture continues to be stored in the museum, despite numerous statements by Pevsner in different instances of its return.
 
"Investigator Vladimir Krayevsky known whereabouts of the accused, but no one is looking. The investigator talked with him on the phone - says lawyer Simon Kheifets. - In private conversations, he makes it clear that the picture should Bryullov stay in Russia, then we will somehow solve the problem with the criminal case. But Pevsner believes that it violated any laws, and the picture - his property. Sam Vladimir Krajewski refused to comment on The New Times case, citing the secrecy of the investigation.

Bryullov in danger

Collector worried that the unique pattern of seven years is without restoration. The record is the explanation of the restorer of the Russian Museum Maple, from which it follows that in 2002 the painting was damaged by mold. According to Pevsner, then answering his question about the preservation of paintings restorer assessed her condition as follows: "The patient is seriously ill, but it can be saved.

In 2005, the Acting Director of the Russian Museum, Ivan Charles in a letter to Major-General Michael Milushkinu, Deputy. Head of the FSB's St. Petersburg, reported on the need for restoration:
"We feel compelled to note that the current state of the picture, representing only the artistic value, gives rise to monitor the safety of its concern. Long-term storage of such unique artistic monument without a restoration of regular preventive measures can lead to irreparable loss of original painting.
Head of Department of Russian painting XVIII - early XIX century the Russian Museum Gregory Goldovsky in an interview with The New Times has been less categorical than his colleague in a letter to Petrograd Cheka: "We are seeing the pattern. Since changes preservation does not happen, the picture is well conserved, then the special urgency in any restoration activities, we do not see. "

Such an approach museum staff was not satisfied with the owner of the pictures of Alexander Pevsner. He believes that she is still in need of urgent restoration: crumbling and covered with mold masterpieces criminally hold no restoration has been seven years.

Legal confusion

Experts interviewed by The New Times, admitted that the investigators already have "top" of the "acquiring" a priceless masterpiece Bryullov who can decorate not only the Russian Museum, and the Constantine Palace, which is administered by the Office of Presidential Affairs. After three years, will end the statute of limitations on the case. Meanwhile, Pevzner and has recently become more actively fight for their property. His lawyers have filed two complaints with the requirement to return the painting to the owner and stop a criminal case.

Judge Dzerzhinsky district court, St. Petersburg did not want to take responsibility and deal with complaints of lawyers on the merits. He sent them to the court of the city of Vyborg. The judges of appeal of the St. Petersburg City Court, where lawyers have appealed the decision of Dzerzhinsky Court, in turn, decided which one of his lawyers called a "legal misunderstanding: they agreed to hear a complaint counsel Stavitskaya in Dzerzhinsk district court in St. Petersburg, and a similar complaint with other lawyers - in the court of the city of Vyborg.

Defenders shrug. In their view, neither the court nor the law enforcement agencies do not know what to do with the case of a masterpiece Bryullov. And now give the owner does not want to, and do not give - to bump into the international courts. "The actual seizure of paintings by Pevsner violates his property rights. If it is proved in Strasbourg, - said the lawyer Stavitskaya - that Russia will have to indemnify the corresponding real value of this painting.

Source: lenpravda.ru

The President of Russia Dmitry Medvedev signed a law ratifying the 14 th Protocol to the European Convention on Human Rights providing for the reform of the Strasbourg court. It is reported by RIA Novosti.
Thus, Russia became the last country in the Council of Europe, signatory to this document.
Russia signed a protocol in 2006, but the State Duma ratified it only on January 15 this year, after it was negotiated with the Council of Europe, a compromise was reached on several points of the document.
In particular, represents Russia in the Strasbourg court, the representative of the country of the respondent able to take part in considering the admissibility of a complaint to the production of the ECHR. That is actually considered on the merits relating to Russia, will be a group of judges, which will certainly include Russia's representative.
The Federation Council has ratified the Protocol at the first meeting of the spring session on Jan. 27.