The picture was not going to give the owner

[uriart]

[Ninon]

A good example - an article on the main page of your site about the trials in connection with the undervalued art. Do not think that we have such disputes will look exotic - all of it only in the value of the disputed works of art. Once it passes a threshold, such dispute will be for a good lawyer is of great interest. But as a starting point for the construction of the claim and building a system of argument is quite possible to use the European and American experience.
Another example - the prosecution of the Russian couple (sorry, forgot her name), which sold to wealthy buyers of expensive paintings, which turned out later to be false. Our affluent buyers who see no difference between the road car and the picture is difficult to explain that in many cases, judgments about the authorship of paintings are purely evaluative. This audience wants to hundred percent guarantee. Such logic and the law enforcers. (ie mediocre fraud).
The story of Pevsner and his picture - this is an excellent example of what all the operations with a really expensive works of art need to think of it as military operations, to attract good declarants, lawyers, etc. If necessary - to publish a brief note to the media about his intentions, since the prosecution is important is intention.
This story - just a collection of errors (very interesting to attend the next meeting of the court - I hope it will not be closed).
Conclusion - I think it necessary to create on your special topic forum on civil and administrative issues related to cultural property (ie not only import-export, but everything else). This will enable all participants to learn from the mistakes of others, to share judicial decisions or to use in their work findings and deliverables colleagues. If someone there is a serious problem, it can be solved through collective efforts. /email]

[Konstantin]

Thanks for the suggestion, already sent you a mail a couple of thoughts about collaboration.

[sergey7]

Alexander Pevzner, collector, Germany, Monday, 09/20/2010 20:39

 
Alexander Pevzner, collector, Germany: Russian Museum on the way to glory Gerostrat? 20.09.2010|20:39
In a nutshell, the outline of events is: my wife and I live in nearly 20 years in Germany and a very long time collecting paintings. In 2002 we were fortunate to buy in Belgium now, performed a rare painting technique transparent (ie, intended for consideration at the lumen).

The painting was not signed. To determine the authorship, I temporarily imported picture in Russia and spent her expertise in the State Russian Museum. The painting was considered a masterpiece K. Bryullova, and its discovery - historical and cultural sensation.

.

The fact that the Belgian owner of a picture drenched with water, because of what it appeared to mold and went to the destruction of the paint layer.

The museum created a dilemma: to make the museum for all to hear about the need for urgent restoration of paintings, it is by law must be returned to the owner, since the state of evidence can not be changed. If, however, the museum will gloss over the destruction of a masterpiece, it is hope someday by hook or by crook still get this (albeit tacky) trophy in their funds.

On what does and what does the flagship of the national culture, can be found in my open letter to the Director of the Russian Museum Gusev VA, which I still have not received a response.

See the picture can be on video NTV.

At the stop-frame (time 2.32, 0.31, 0.23) is clearly seen that the picture is in serious condition.

Notes from the judicial enforcement carnival promise to write. Is also open secret as possible to make smuggling through express thoughts and false information about the future.

[Маруся]

If, however, the museum will gloss over the destruction of a masterpiece, it is hope someday by hook or by crook still get this (albeit tacky) trophy in their funds.
[/QUOTE]

In my opinion, the Russian Museum had long-standing problem, and not only with the restoration, and so they keep silent ... They just nothing left ...
More recent well-known example: an exhibition of Alexander Shevchenko and GTG - work submitted by the Russian Museum were, quite literally, visible from afar - they might look in the mirror, so a layer of varnish, they were covered. Losing the Russian Museum brand, whatever you say. That's illegal seizure did not disdain ...

[Selene]

Сообщение от Cyril Syzran, 1193281

, and listened to and read, but the lawyer just does not say and that's understandable.
Position it is felt, not really. Hence its application in the media, public opinion, "drag" on the side of the accused and his defense.

What seized the picture? Where? It is not clear.
Can only be seen that:

I think that everything happened exactly at the border, at the moment trying to vvyvoza. Hence the composition and the article itself.

I agree with Mr. Syzran. From this case reeks of moldy stuff a mile away. Materials in the media on the issue remind registered and paid gnusyavki, alas, many that were published in other cases (encountered in the work). And, judging by kakchestvu materials themselves, the so-called "Terpily" saved on journalists. Anyway, it's not full copyrights Research, investigative journalism, and plums. That have merged - b /k.

[Мимопроходил]

Karl Briullov review in the Constitutional Court
Collector requires to mitigate the punishment for smuggling

Judicial scandal masterpiece Karl Briullov "Christ in the tomb, which keeps the FSB in the Russian Museum as evidence to suspend seven years ago, charges of smuggling had reached the Constitutional Court (CC). The owner of the picture, Alexander Pevzner, accused of violating the customs regulations for import of cultural values of Europe to Russia, seeking cancellation provisions of the Criminal Code (CC), which equates the acts of smuggling drugs and weapons, providing for a three to seven years imprisonment.

Residing in Germany collector Alexander Pevzner requests to declare unconstitutional the provision of Part 2. Art. 188 of the Criminal Code ("Contraband"), which provides for criminal prosecution for illegal importation of "cultural property, in respect of which there are special rules for movement across the customs border of Russia, if the act is fraught with false declaration." It is in this FSB accused Mr. Pevsner few months later, after the 2003 collector had brought to Saint-Petersburg acquired them in Brussels now, "Christ in the tomb" (see "Kommersant" on 31 August) - The Russian Museum was to conduct examination to establish the author's paintings. Soon after it was confirmed that this is a masterpiece Bryullova, FSB filed a case of "false declaration", arguing that the collector of illegally designed "temporary import" pictures (which is exempt from duties and allowed to take back) because it intended to sell the Russian Museum.

Читать дальше... 

Penalty under Part 2. Art. 188 of the Criminal Code for committing the most heinous crimes related to trafficking (including drugs, radioactive materials, ammunition, and strategic raw materials), provides for imprisonment of up to seven years, in contrast to the less serious aspects, which can get rid of a fine or shorter period. Despite the fact that Mr. Pevzner himself in jail do not have to (investigators in 2003 allowed him to freely leave the Russian Federation, after which the suspended matter), seized him and collapsing without restoration of the canvas is stored as evidence in the Russian Museum eighth year. Collector's lawyer Simon Kheifets said last week that the real objective of the "artificially fabricated case" is "holding pattern" in Russia and it is "almost raider attacks."

Failing to stop the case and the return of paintings seized by the courts of general jurisdiction, the collector decided to prove the illegality of qualifications crimes alleged against him. In his complaint, he drew attention to the COP on the contradictions of the challenged norms of the Criminal Code. According to Mr. Pevsner, smuggled from Russia protected by federal law of cultural property is less danger to the public than the smuggling, when Russia permanently loses its cultural heritage, so the action is now equal to the criminal responsibility for these crimes are "unfair and disproportionate." The Act aims at importing the main objective: to prevent the importation of fugitives cultural values, the author claims. If the import of cultural property is presented to the customs, the act is similar to conventional economic smuggling and no more dangerous than smuggling expensive refrigerator. Therefore, says Mr. Pevsner, in such cases should be applied more lenient standard UK or even the Administrative Code. However, the impugned norm of the Criminal Code makes no such distinctions, as in regard to cultural values differ minimally (according to the safety or the time of their creation) of objects that are not recognized as such, resulting in almost similar acts can be either several years in prison, or a small fine.

The Collector also deemed unconstitutional by the fact that the smuggling of cultural property to foreign countries is punishable by a heavier paper, if these values are historically linked with Russia. That is, if the complainant is not imported now Bryullova, and Rembrandt, he would be charged with a softer, the first part of the disputed article. Even more absurd, Mr. Pevsner said that part of the challenged norm, which was the direct reason for his detention. The applicant indicates that the term "unreliable declaring" the customs regime of "temporary admission" actually means "a declaration of false information about the future." Such an offense is "fundamentally unprovable," sure Mr. Pevzner, while in practice, the investigation and the court allows the possibility that the declarant "knows exactly will happen if in the future certain events (such as paintings).

"A complaint to the Constitutional Court is important because inaccurate lead to legislation to bring to justice those who have not committed a crime that, in particular, happened to Pevsner," - said in a comment to Kommersant its representative - the lawyer Anna Stavitskaya. According to the site of the COP, the complaint at a preliminary study of the secretariat of the court. Within three months, it can be accepted for consideration or otklonena. /Kommersant

[khmelev]

I was not so long ago had to be imported under the temporary importation of Korovin's painting for the examination. None of the experts did not want to write the word "Korovin. All painted by an unknown artist in the corner of the signature "..."
Based on this practice, Pevzner course could declare a picture of how Bryullova, but the expert never would have gone for it.
In fact, what happened is that (with high probability ). Pevsner bought the painting is not a private person, and in the ecclesial community, which the picture belonged to. The painting was long known - in particular, it expressly described in a monograph on Bryullova 60-ies with location. He paid a heavy price for it and - here the account - agreed to sell it in the timing. In Belgium, he designed all of the documents so as to get back the taxes, ie, that the subject was tax-free. At the current means of communication, obviously, with the export operation by Belgian customs became known in Russia, to whom it is necessary.
Thus arose the legal conflict. On the one hand Pevzner imports Bryullova for MDM was paid a round sum, which was requested by the tax return.
On the other - in Russia is indeed formally - to review - the importation is not clear what subject.
  As the court will decide this puzzle is hard to say.

[muhin]

All charges against Pevsner not justified and not provable. It is for this reason it is suspended, where have you seen that thing would have been suspended for lack of territorial accused. Is not for investigation? Declare in the search, etc. All procedures are described in the CPC.
Someone - anyone seen the form of customs declaration of the Russian Federation? Always get up at a dead end, as is a description of any pattern of 10 lines. This declaration - only required document for the importation of all, including the paintings. Photos do not need to provide, by law ", customs officers do not want them to intensify their personal stamp, why should they, this hemorrhoid, and responsibility. How much do I hardship, the temporary importation, the horror! Just at this period 2000 - 2003 gg.I was involved and was charged for 188 Part 2. Pevzner agree, no doubt.

[Кирилл Сызранский]

Сообщение от muhin

Always get up at a dead end, as is a description of a pattern of 10 lines.

Description should be given to each item in one line.