RUSSIA
FEDERAL LAW
On the cultural objects displaced
in the USSR during the Second World War
and on the territory of Russia
Adopted by the State Duma on February 5, 1997
Federation Council approved March 5, 1997
This federal law regulates the relations connected with
cultural values displaced to the USSR as a result
Second World War and located on the territory of Russia
Federation.
The main objectives of this Federal Law are:
protection of these cultural treasures from looting,
prevent their illegal export from Russia
Federation, as well as the unlawful transfer to anyone else;
create the necessary legal conditions for treating
these cultural values as partial compensation for the damage
caused to the cultural heritage of Russia in
looting and destruction of its cultural values
Germany and its military allies during the Second World War;
interests of Russia in the settlement
with foreign states contentious issues relating to these
cultural values, based on consistent compliance
principle of reciprocity;
providing the opportunity to familiarize themselves with these
cultural values of the citizens of Russia and foreign
citizens, including professionals in education, science and
culture
creating favorable conditions for further development
international cooperation in education, science and
culture.
CHAPTER I. GENERAL
Article 1. Legislation of Russia on the cultural
values displaced to the USSR as a result
Second World War and in the territory
Russia
Legislation of Russia on cultural values
Displaced to the USSR during the Second World War and
on the territory of Russia, consists of
present Federal Law and other issued in accordance with
Constitution of the Russia Federation and this Federal Law
legislation.
Article 2. International legal and other acts, which
based this Federal Law
This federal law is based on
international legal and other acts that are adopted in the period and
after the Second World War and continue to apply for
arising by virtue of these acts of property relations: Peace
Treaties of 1947, acts adopted on the basis of rights and the rule of
occupation authorities in Germany in the years 1945-1949, the State
contract for the restoration of an independent and democratic Austria, on
May 15, 1955, the Treaty on the Final Settlement
against Germany on September 12, 1990, as well as on the provisions
Article 107 of the Charter of the United Nations and the Declaration
United Nations of 5 January 1943.
Article 3. This federal law with respect
actual ownership of cultural property
Displaced to the USSR during the Second
World War II and located in
Russia
This federal law applies to all
cultural objects displaced in the USSR as a Result of
World War II and in the territory of Russia,
irrespective of in whose actual possessor and
also on the circumstances of such actual possession.
Article 4. Basic concepts used in the present
Federal Law
For the purposes of this Federal Law, the
The following basic concepts:
Restitution - A type of material of international legal
responsibility of the State which has committed an act of aggression or other
internationally wrongful act, namely, the duty
this state to eliminate or reduce damage to another
State material damage by restoring the former
states, in particular by the return of property looted and
illegally removed by his troops from occupied territory
another State;
Compensatory restitution - type of material
international legal responsibility of the aggressor,
applied in cases where the exercise of responsibility
States in the form of normal restitution is impossible, is the
the responsibility of the State compensation for the
material damage to another state by transferring the injured
State (or by withdrawal of the injured State in its
benefit) of objects of the same kind that were plundered and illegally
brought out by the aggressor from the victim
State;
cultural values - property of a religious or
secular character of historic, artistic, scientific
or other cultural value: works of art, books,
manuscripts, incunabula, archival materials, components and
fragments of architectural, historical and artistic monuments, and
and monumental art and other categories
objects specified in Article 7 of the RF Law "On
Export and Import of Cultural Property ";
displaced cultural values - cultural values,
displaced in the implementation of compensatory restitution from the territories
Germany and its former military allies - Bulgaria, Hungary, Italy,
Romania and Finland into the USSR in accordance with
orders of the military command of the Soviet Army, Soviet military
Administration in Germany, the orders of other competent
bodies of the USSR and currently in the territory
Russia;
former enemy states - Germany and allied with it
During World War II states - Bulgaria, Hungary,
Italy, Romania and Finland;
property of former enemy states - property
public, private, municipal, public and other
organizations and associations in the former enemy states;
States concerned - the state (except
Russia and the States referred to in Article 7 of this
Federal law), whose territory wholly or partly
were occupied by the troops of former enemy states;
property of the States concerned - property
public, private, municipal, public and other
organizations and associations in the States concerned;
Cultural institutions - Russia's state (including
departmental) and municipal museums, archives, libraries and other
scientific, educational, entertainment and education company
agencies and organizations operating in the field
Educational, Scientific and Cultural Organization.
Article 5. The composition of displaced cultural values
In the composition of displaced cultural values in terms of their
Former nationality includes:
cultural values, which were the property of the former
enemy states;
cultural values, which in the amount specified in Article
4 of this Federal law, the property concerned
States have lost their right of ownership to these cultural
value due to undisclosed claims about their restitution
time limits set by legal acts referred to in Article 8
present Federal Law;
cultural values, state ownership has not
installed (ownerless thing).
CHAPTER II. Displaced Cultural Valuables
And ownership of
Article 6. Ownership Russia
on displaced cultural values
All displaced cultural property brought to the USSR in
exercise its right to compensatory restitution and are
the territory of Russia, with the exceptions
specified in Articles 7 and 8 of this Federal Law
are the heritage of Russia and are federally
property.
Article 7. Guarantees the right of ownership of
Belarus, Latvia, Lithuania
Republic, the Republic of Moldova, Ukraine
and the Republic of Estonia on the displaced
cultural values
1. The provisions of Article 6 hereof not
affect the ownership of the Republic of Belarus, Latvia
Republic, Lithuania, Moldova, Ukraine and
Republic of Estonia on cultural objects, which could be
of displaced cultural values, but were looted and
removed during the Second World War, Germany and (or) its
military allies not from the territory of the RSFSR, and from territories
Byelorussian SSR, Latvian SSR, Lithuanian SSR, Moldavian SSR,
Ukrainian SSR and the Estonian SSR and were a national treasure
specified, but not the other union republics that made up the Union
SSR boundaries on February 1, 1950.
2. Cultural objects referred to in paragraph 1 of this article
may be transferred to the Republic of Belarus, the Republic of Latvia
Lithuania, Moldova, Ukraine and Estonia
Republic of belonging in their compliance with the conditions
under paragraph 4 of Article 18 of this Federal Law
as well as their agreement on a basis of reciprocity
the same approach to the cultural values of Russia,
displaced from former enemy states in the Union of Soviet Socialist Republics and
within their territories.
Article 8. Displaced cultural valuables that are not covered
under Articles 6 and 7 of this Federal
Law
Articles 6 and 7 of this Federal law does not
subject to the following cultural values:
1) cultural values, in respect of which
state presents evidence that it stated
requirement for their restitution before the expiration of the deadlines set
described below legal acts, namely:
15 March 1948 in respect of Bulgaria (paragraph 7 of Article 22
Peace Treaty with Bulgaria), Hungary (paragraph 7 of Article 24 of the Peace
Treaty with Hungary), Italian (paragraph 6 of Article 75 of the Treaty of Peace with
Italy), Romania (paragraph 7 of Article 23 of the Treaty of Peace with Romania);
September 15, 1948 in respect of Finland (paragraph 2 of Article
25 Treaty of Peace with Finland);
to February 1, 1950 against Germany in order
established by the Council of Ministers of the USSR;
2) cultural values, which were the property
religious organizations or private charitable institutions,
used exclusively for religious or charitable
purposes and does not serve the interests of militarism (or) Nazism (fascism);
3) cultural values, which belonged to persons deprived of
these values in relation to their active fight against Nazism
(Fascism), including in connection with their participation in national
resistance against the occupation regimes of former enemy
States and collaborationist regimes, and (or) in connection with their
racial, religious or national affiliation.
Article 9. Conditions of transfer of the States concerned
cultural values, subject to
Article 8 of this Federal Law
1. Cultural values, as specified in subparagraphs 1, 2 and 3
Article 8 of this Federal Law and in respect of which
State concerned, within 18 months from the date of entry
into force of this Federal law to file a claim on their
return, and present evidence that these values
subject to the relevant sub (sub)
Article 8 of this Federal Law, and officially
confirms that it has received over the value of lump
compensation from Germany or any other former enemy
State, be transferred to the concerned State
conditions stipulated by Article 18 of this Federal
law.
The rights provided by the first subparagraph of paragraph 1 of this
article may use any interested State,
which would give Russia on the basis of
reciprocity is not less favorable legal conditions for the return of that
of plundered by former enemy states
cultural values of Russia, who are or
may be in the future on the territory of the
State concerned and in respect of which the USSR
restitution claims.
2. All displaced cultural values that are listed in
subparagraphs 1, 2 and 3 of Article 8 of this Federal Law and in
for which the States concerned within 18 months
from the date of entry into force of this Federal Law shall not have
claims for refund and have not submitted required under mentioned
subsections of Article 8 of the Federal Law of evidence
become federal property.
Article 10. Conditions of transfer of the former enemy
States cultural property defined
in paragraphs 2 and 3 of Article 8 of this
Federal Law
1. Cultural values, as specified in paragraphs 2 and 3
Article 8 of this Federal Law and in respect of which
former enemy state within 18 months from the date
entry into force of this Federal law to file a claim
on their return and provide evidence that these values
subject to subparagraph 2 and (or) sub-paragraph 3 of Article 8
present Federal Law may be transferred to
affiliation of the claimant state, under conditions
under Article 18 of this Federal Law.
The rights provided by the first subparagraph of paragraph 1 of this
article may use some of the former enemy states,
which will take special legislative measures to ensure
perform its duties on free return of Russia
Federation of cultural valuables looted and illegally
Exported former enemy states and on or
might be in the future on the territory of the former
enemy state.
2. All displaced cultural values that are listed in
Subsections 2 and 3 of Article 8 of this Federal Law and in
for which the corresponding former enemy state
within 18 months from the date of entry into force of this
Federal law has declared the claims and has not provided the required
under the said subsections of Article 8 of this Federal
the law of evidence, become federal property.
Article 11. Displaced cultural valuables that can not be
transfer to foreign countries, international
organizations and (or) export from Russia
Can not be transferred to foreign countries, international
organizations and (or) exported from Russia
Displaced Cultural Property (archival and other materials
relics and other valuables), which by their content or
nature may serve to revive the spirit of militarism and (or)
Nazism (fascism).
Article 12. Displaced Cultural Valuables
are family heirlooms
1. Displaced cultural valuables that are
Family Heirlooms: family archives, photographs, letters, signs
and awards, portraits of family members and their ancestors - were referred
the federal property in accordance with Article 6 of this
Federal law, for humanitarian reasons may be
handed over to authorized representatives of the families,
which formerly belonged to these values (heirloom), under conditions
under Article 19 of this Federal Law.
2. Paragraph 1 of this Article shall not apply to
heirlooms active members of the militarist and (or)
Nazi (fascist) regimes.
Article 13. The rights of cultural institutions in respect
displaced cultural valuables
1. Cultural institutions, which are enshrined in law
operational management in accordance with the provisions of the Civil
Code of Russia displaced cultural values
are in accordance with Article 6 of this Federal
law in the federal property, has the right of ownership
use and disposal of these cultural values in
accordance with the objectives of its activities and the purpose of
values. However, the alienation of these cultural values and (or)
their transfer, except as provided by paragraph 2 of this
Article may be effected only in accordance with federal
law and under the conditions stipulated by this Federal
law.
2. Duplicates of displaced cultural values are in
operational management of cultural institutions: books, lithographs and
other publications - can be the subject of cultural exchange
with foreign institutions and organizations in cases where these
duplicates are of no interest to other cultural institutions
Russia.
CHAPTER III. International cooperation in
DETECTION AND RETURN OF CULTURAL
PROPERTY ROSSIYSKOY FEDERATION
Article 14. Cultural property illegally exported from
territory of Russia, occupied
armies of Germany and its military allies in the period
WWII
Russia will cooperate with the States
implemented jointly with the USSR, the supreme power in Germany
during its occupation - the United Kingdom of Great Britain and
Northern Ireland, the United States and the French
Republic - in order to identify and return to property
Russia its cultural values, which could be
moved to these states from the respective zones of occupation
Germany.
Russia will cooperate in the same order as the
other states, which may be its cultural
values and have signed the Declaration by United Nations of 5
January 1943 or acceded to by entering the appropriate
treaties under Article 22 of this
Federal law.
Article 15. Terms of displaced cultural exchange
values in the cultural values of Russia
Federation outside Russia
Federation
Exchange of displaced cultural values of cultural values
Russia, which are outside Russia
Federation and for which Russia has not filed
restitution claims, are allowed only if the equivalence
this exchange, determined by a reasoned opinion
the authorized federal body for the conservation of cultural
values. The above exchange is issued an international treaty
Russia, taking into account the provisions of Chapter V of this
Federal law.
CHAPTER IV. PROCEDURE FOR IMPLEMENTATION OF THIS
FEDERAL LAW
Article 16. Competent Federal Authority
preservation of cultural values
1. Monitoring the safety of displaced cultural values
and preparation of decisions on matters relating to ownership of
these values are assigned to a competent federal authority
Conservation of Cultural Property (hereinafter - the federal agency).
2. At the federal agency assigned the following functions:
consideration of claims of foreign states and motions
foreign nationals under Article 18, respectively, and
Article 19 of this Federal Law, the preparation of decisions on
these claims and decisions on such applications;
distribution of displaced cultural values between
cultural institutions of the practical aim of these values on
damages suffered by these cultural institutions in
looting and destruction of their property by the troops of the former
enemy states;
settlement of disputes between cultural institutions
the allocation between the displaced cultural
values;
definition of categories of displaced cultural values, not
be transferred to foreign countries, international
organizations and (or) exported from Russia, as well as the regime
storage;
issuance of permits to cultural institutions in the implementation
under Article 13 of this Federal Law to
use duplicates of displaced cultural values for
cultural exchange with foreign institutions and organizations;
monitoring compliance with rules
foreign economic activity relating to displaced
cultural values;
representation together with the Ministry of Foreign Affairs
Russia or in coordination with the Government
Russia offers to host talks
regarding displaced cultural values;
monitoring compliance with this Federal
law.
3. Decisions of the federal agency, adopted in accordance with its
functions and powers provided in this article are
binding. Decisions of the federal authority may be appealed to
courts in accordance with the laws of Russia
Federation. The decision is not appealed within the prescribed
RF legislation period, assumes the
force and may be modified or revoked only by a new decision
federal authority.
4. As a collegial advisory body created
Interagency Council on Cultural Property
displaced during the Second World War. Chairman
Interagency Council on Cultural Property
displaced during the Second World War, is
head of the federal authority.
Article 17. Claims and claims of cultural institutions
regarding displaced cultural valuables
and on the return of their property
Cultural institution may apply to the Federal Body
for the allocation to it of certain cultural values of
number of displaced in compensation for damage suffered by this
cultural institution in the looting and (or) destruction
his property by the troops of former enemy states, as well
claims disputing the distribution of such property.
The order of consideration of these applications and claims shall be determined
regulations approved by the RF Government.
Cultural institution may also apply to the federal body
for the return of cultural property belonging to him,
unjustly transferred to another cultural institution.
Article 18. Claims of foreign states for displaced
cultural values
1. Claims on displaced cultural values specified in
subparagraphs 1, 2 and 3 of Article 8 of this Federal Law may be
be claimed by the Government of the State, the claimant
these values, only the Government shall be; claims
natural and legal persons, municipalities, public and
other organizations and associations shall not be considered.
2. Transfer of the claimant state, the displaced
cultural values are based on federal law.
Federal Law on the transfer of the cultural values
made on the basis of the bill, introduced by the Government
Russia in consultation with the state
power of the RF subject on whose territory
is a regional cultural institution, performing
operational management of this cultural value.
3. Without the enactment of federal law
displaced cultural value can not be the subject of transfer
gift, exchange or any other form of alienation in favor of any
States, organizations or individuals.
4. Transfer of the cultural values, which
subject of the claim, the State, the claimant
to reimbursement by said state spending on its
identification, storage and restoration, as well as costs
transfer (transport and others).
5. On the basis of federal law on the transfer of the displaced
cultural values of a federal agency directs the establishment
culture, in the operational management of the displaced
cultural value, which is the subject of the claim, to conclude with
organization (institution or individual) responsible for
the Government of the claimant state, the contract in
according to which the reimbursement of expenses
under paragraph 4 of this article, and the actual transfer
values (heirloom).
The original instrument of transfer of the cultural values
recorded and stored in a federal agency, and copies shall
stored in a cultural institution and the stakeholders.
Article 19. Motions relating to family heirlooms
1. Claims for displaced cultural values,
are family heirlooms, as defined in Article 12
this Federal Law may be filed with
duly authorized representatives of the families who have previously
belonged to these values (relics), the federal agency.
2. In the event of an application subject to the satisfaction
Federal authority to transfer the family heirloom
which is the object of the application, the family, which she previously
owned, subject to payment of the cost, as well as reimbursement
costs of its identification, examination, storage, restoration and
cost of transfer (transportation and others).
3. Cultural institution, the operational management of
the displaced cultural value, which is the subject
petition, on instruction from the federal authority
the duly authorized representative of the family, which previously
belonged to this cultural value (heirloom), contract,
according to which the payment of its value
reimbursement under paragraph 2 of this article, and
actual transfer of value (heirloom).
The original instrument of transfer of the cultural values
(relics) is recorded and stored in a federal agency, and copies
shall be stored in a cultural institution and the stakeholders.
Article 20. Displaced cultural property in
Cultural Institutions of RF subjects
or municipal cultural institutions
Until the expiration of the acceptance of claims
foreign states for displaced cultural values,
particular Articles 9 and 10 of this Federal law, those
these values, which are in cultural institutions
RF subjects, or municipal institutions
Culture, in accordance with Article 6 of this Federal
law are considered as federal property.
Redeployment of displaced cultural values between
federal cultural institutions, cultural institutions of the subjects
Russia or municipal cultural institutions to
this deadline is not allowed.
Article 21. Responsibility for violation of this
Federal Law
Those responsible for violations of this Federal Law,
bear administrative, civil and criminal
responsibility in accordance with the laws of Russia
Federation.
CHAPTER V. THIS FEDERAL LAW AND
International treaty FEDERATION
Article 22. International treaties Russia,
negotiated to achieve the objectives of this
Federal Law
Russia will conclude international treaties,
contributing to the achievement of this Federal Law,
including international treaties:
the settlement of issues related to cost recovery
Russia and its cultural institutions to preserve and
rehabilitation of displaced cultural values, which were
transferred to foreign countries in non-contractual basis or
not provide for such indemnity treaties
concluded by the Government of the USSR or the Government of Russia
Federation with other governments before coming into force
present Federal Law;
on the equivalent exchange of displaced cultural values on
cultural values of Russia outside
Russia;
the promotion of cultural institutions in Russia
cooperating with other cultural institutions
States on the exchange of displaced cultural values on
cultural property removed from the territory of Russia in
different times, legally, as well as to purchase such
values;
on government guarantees to provide the host
State safety and security of displaced
cultural values while on display in art galleries,
in overseas trade shows and other expositions;
the return to Russia of its cultural values,
looted and illegally exported from the territory of the USSR
occupying troops of former enemy states.
Article 23. Ratification of international treaties
Russia on cultural
commons Russia
International treaties Russia on
displaced cultural values, as well as any other
international treaties of Russia concerning its
cultural heritage, are subject to ratification.
CHAPTER VI. FINAL PROVISIONS
Article 24. Entry into force of this Federal Law
This Federal Law shall enter into force upon its
official publication.
Article 25. Reduction of regulatory legal acts in
compliance with this federal law
Invite the President of Russia and to request
The Government of Russia to bring its regulatory
legal acts in compliance with this federal law.
President of Russia Boris Yeltsin
Moscow Kremlin
April 15, 1998
N 64-FZ
Source
http://wbase.duma.gov.ru/ntc/vdoc.asp?kl=4572