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По умолчанию Articles on the import and export of cultural property




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Старый 21.01.2009, 07:51 Язык оригинала: Русский       #2
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По умолчанию On the cultural objects displaced in the USSR during the Second World War ...



Displaced Cultural Valuables
World War II ended six decades ago, but still there is debate about the ownership of the so-called "trophy art" - cultural property displaced during the Second World War. In 1945-1946. from defeated Germany to the Soviet Union as compensation for the damage has been moved a significant number of historical and cultural values. They were imported legally in accordance with agreements between the victorious Nazi Germany. Then no one disputed the fact that Germany and its former allies must be at least partially compensate for the enormous damage that was caused to the cultural heritage of our country.

From 1955 to 1960. The Soviet Union handed over a large part of the property removed in the early postwar years with the territory of Germany, in Germanskuyu Democratic, the Polish People and the Hungarian People's Republic. In total, only the GDR was handed over 1.5 million museum objects, including 1,240 works of the Dresden Gallery, 16 thousand sheets of diagrams, over 100 thousand coins (of which 4187 gold), 18 388 monuments of ancient culture. Returned to the place of the Pergamon Altar, a treasure house of the Saxon Elector (Green body "), Saxon State Library, the Berlin State Library, a large part of the Gotha Library, 800 tons of archival documents.

The remaining part of displaced cultural values (less than 10 percent of the total) was placed in a store-State Hermitage Museum, State Museum of Fine Arts named after AS Pushkin, the State Historical Museum, other museums, libraries and archives.

In 1998, the Federal Law "On Cultural Valuables Displaced to the USSR during the Second World War and in the territory of Russia. At the same time in the Russian cultural institutions, which keep the displaced cultural values that were started active work on their inventory and identification of the former nationality (former owners). Work continues today. The results are recorded in an electronic database of all displaced cultural values Roskultura.

Since the 1990's. information on displaced cultural treasures are widely published in scientific and popular publications.

Sami cultural values displayed at exhibitions are included in museum exhibitions. Through this work in scientific and cultural revolution has introduced thousands of works of art, books, manuscripts and archival documents that were previously inaccessible to professionals and the general public.
http://www.lostart.ru/move/

Читать дальше... 



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



Евгений вне форума   Ответить с цитированием
Эти 2 пользователя(ей) сказали Спасибо Евгений за это полезное сообщение:
Admin (21.01.2009), gans (28.06.2009)
Старый 27.06.2009, 20:42 Язык оригинала: Русский       #3
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По умолчанию A series of articles in Kommersant on imports of antiques

The carriers with the Belgian
  
Journal "Money» № 24 (729) on 22.06.2009
 
Цитата:
Lovers of antiques in Russia a lot: his grandmother's trunks and sewing machines Zinger is not uncommon in the apartments grandchildren, designers are entered willingly antique furniture in the fusion interiors. But antiquities in Russia is not so much - not compared to Europe. Over the centuries old cabinets, desks and chairs for summer residences near Moscow Correspondent "Money" Andrew Konyakhin Shalneva and Julia went to Belgium.
Then you can read here http://www.kommersant.ru/Doc.aspx?DocsID=1188224



fross вне форума   Ответить с цитированием
Эти 6 пользователя(ей) сказали Спасибо fross за это полезное сообщение:
ABC (31.03.2010), bes (02.06.2010), Flora (14.05.2011), gans (28.06.2009), Glasha (28.06.2009), LCR (28.06.2009)
Старый 29.06.2009, 20:01 Язык оригинала: Русский       #4
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По умолчанию

This continuation http://www.kommersant.ru/doc.aspx?DocsID=1189667
, With all the details and, most importantly, the cost of shipping and customs clearance, which were all together:
Цитата:
So, all of our additional costs (transportation plus the clearance of export and import documents abroad and at the customs post, plus discharge) amounted to € 3400. It is against the minimum € 5568, we predicted the Internet. Add to that € 14 thousand for the furniture and overhead costs € 3155 (€ 250 - food plus hotel for seven days, two tickets to the Moscow-Cologne-Moscow € 235, € 835 for Mercedes and € 100 for diesel fuel).



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Эти 3 пользователя(ей) сказали Спасибо fross за это полезное сообщение:
ABC (31.03.2010), bes (03.06.2010), gans (29.06.2009)
Старый 28.06.2010, 02:46 Язык оригинала: Русский       #5
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По умолчанию

Government Decree of the Senate RI from 1848.02.17 to number 21 999: the highest approved the position of the Council of Ministers "On the definition of a special artist's expert witness for imported to St. Petersburg. Customs works of art."




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Этот пользователь сказал Спасибо Wladzislaw за это полезное сообщение:
K-Maler (22.11.2010)
Старый 22.11.2010, 22:54 Язык оригинала: Русский       #6
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Alexander Pevzner, collector, Germany, Monday, 11/22/2010 15:58

 
Alexander Pevzner, collector, Germany: On the constitutionality of the amendments to the Law on the Constitutional Court and what they turn out for the citizens?
22.11.2010|15:58
November 10 issued the Law on Amendments to the Federal Constitutional Law "On Constitutional Court of the Russian Federation." Change dramatically in a negative direction will affect the hundreds of thousands (if not millions) of citizens who will turn the fate of one on one with the imperfection of domestic legislation. I emphasize: this is precisely the inadequacy of the laws themselves, but not about the tragic state of the Russian judicial system, applying these laws. It concerns both civil and criminal cases, but I want to stay specifically only to the criminal.

As is known, until now a citizen, which attract criminal liability, had the opportunity, without waiting for the criminal trial, immediately file a complaint with the Constitutional Court (CC), if the law that applied to him or consequence should be applied to him by the court, violated, according to the citizen his rights and freedoms guaranteed by the Constitution of the Russian Federation. I emphasize: not important, or just applying the law will still apply - the citizen had the right in both cases refer to the Constitutional Court with a complaint against the law. Also, courts dealing with citizens, were required to apply to the Constitutional Court requesting to examine the constitutionality of laws - as has already applied and to be applied, if they came to the conclusion that the law is unconstitutional. It is clear that the courts are addressed in the COP are significantly less likely than citizens. If the COP acknowledged the law is unconstitutional, it had the most positive consequences not only for the applicant, but for all citizens, caught in a similar situation - a criminal case the complainant was revised in the light of decisions of the COP, and the rest of the citizens of the law also could not be applied.

In recent years, citizens' appeals to the Constitutional Court have gained popularity because the criminal and criminal procedural legislation of the Russian Federation, to put it mildly, have long come to the throat of the Constitution. Treatment in the Constitutional Court became for many the last hope for justice in disputes with the state.

Everyone knows that the laws are far from perfect. However, most readers are unlikely to recognize the scale of the problem. I will cite some examples from the field of law, with which I unfortunately had to face personally. We are talking about the smuggling of cultural values and laws related to this problem.

Question: Is it possible under the law (and I emphasize - it is the law) to sit behind bars for smuggling of cultural property as a gas mask 50's or miner's lamp of the same time? Answer: Yes, the law requires - let criminals from 3 to 7 years imprisonment. And what will happen in the Book of tasty and healthy food "in 1958 edition? - Of course, from 3 to 7. A fossil skeleton of a perch, imported legally as a souvenir from the Portuguese and then smuggled back, but with a broken tail? The expert lamented: this cultural value would cost $ 400 with a tail and no tail - only 200. For perch laid again from 3 to 7 (thank you, that is not sewn the deliberate destruction of cultural property - Art. 243 of the Criminal Code).

And if you try to take out the Russian collection of 32 coins and banknotes of foreign origin with a makeweight in the form of a German Iron Cross 2 class worth 4,911 rubles, or to 153 rubles. 40 kop. a piece of cultural values? Have guessed? - 3 to 7. Me as a collector interested in it for such cultural treasures to 153 rubles. 40 kopecks. "

And if when you move from Kyrgyzstan to their historical homeland Russia put in a container with pots and other belongings of her grandmother icon estimate of 5.000 rubles., Then in front of hapless migrant Homeland immediately disclose friendly gates of the prison (of course, for a period of 3 to 7).

And now the question: what would happen if smuggled import to Russia, for example, an atomic bomb or a tank of nerve gas that could destroy the population of the city - have already guessed? - 3 to 7!

Another question: why the illegal import of cultural property in Russia is as socially dangerous as illicit exports (both cases according to the law are subject to the same severe criminal charges)? After all, when exporting nations of Russia permanently lose part of their cultural heritage, while the smuggling in the worst case we can talk about unpaid customs duties. Than the latter, strictly speaking, is more dangerous than the illegal importation of refrigerators, especially if the person, for example, did not conceal the goods from customs, and lowered only in the declaration of the value of imported cultural values?

Reference: The case of smuggling of ordinary goods, rather than cultural values and atomic bombs, it is punishable by a fine or imprisonment up to 5 years. In this case, criminal liability arises if the value of smuggled goods exceeds 1.5 mln. If it is below 1.5 million rubles, it is an administrative offense and is punishable only financially. I wonder how this situation is combined, according to the legislator, with imprisonment for a term of 3 to 7 years for smuggling in Russia will cost £ 5.000.?

Another question: is it possible under the law to declare customs with false information about the events that take place in the future, and on this basis to sit down for contraband? Any sensible person understands that false information about the future can not be in principle - with the exception of pre-election promises of politicians. However, the law says: you can!

Is it possible to claim from the owner's payment of customs duties for imported temporarily into the territory of Russia and therefore not subject to customs payments of the car if the car after the import in Russia was hijacked by the owner, and thus has always remained on Russian territory? It was, until recently, it is possible, but thanks to the COP and the complaint of Mr. Grunwald - now, thank God, we can not!

The fact that the Duma is not a place for discussion, is well known, but the fact that the legislator actually resides in a coma, for me personally was a revelation. According to my observations, the lawmaking body of this only increases the legislative chaos, even in those cases where the basis of the law is a reasonable idea.

We return to our main question of the adopted amendments to the Law on the Constitutional Court, which will come into force after 3 months.

Now the citizen will be denied the right to appeal to the Constitutional Court as long as the criminal law is applied to it and have his case is finalized in court, ie, until he is convicted.

Preliminary investigation we can go, as you know, for years, with all its charms in the form of the detention facility, spiced with tuberculosis, seizure of property as evidence, etc.

Courts also blocked the air. Now the judge will be able to apply to the Constitutional Court only when it fell into his hands, but the decision on the case he has not yet ruled. In particular, if we judge someone already condemned, and then realized that the article is somehow unconstitutional, appeal to the Constitutional Court with a request to its constitutionality, he no longer can. Seems inhumane.

It turns out that whatever one may say, until the court held the accused, nor citizen, nor the judge have no right to appeal to the Constitutional Court. Thus, a citizen of compressed unconstitutional law, and nothing can be done. Who interfered with the old order and why it changed?

In addition, the amendments violate the Constitution. Article 125 of the Constitution in black and white as the judge, and citizens can address the Constitutional Court on the constitutionality of the law applied or subject to application.

I think comments about the adoption of amendments to the Law on the Constitutional Court are unnecessary: Article 125 of the Constitution of the legislator sent to landfill.

Ekho Moskvy



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Старый 22.11.2010, 23:03 Язык оригинала: Русский       #7
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[QUOTE="sergey7; 1401381]Alexander Pevzner, collector, Germany[/QUOTE]

Poor old Pevsner ...

Looks do not want him to return it [URL="http://forum.artinvestment.ru/showthread.php?p=1253181"]Bryullova[/URL].



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Старый 14.05.2011, 06:32 Язык оригинала: Русский       #8
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[COLOR=#808080 ] It helps to know every tourist[/COLOR]
( From the site of the Federal Customs Service)



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Старый 21.10.2011, 10:36 Язык оригинала: Русский       #9
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Perhaps someone from the legal profession will be able to explain what relation to cultural values ​​when importing the Russian Federation has the furniture, paintings, coins, medals, etc., of foreign manufacture?
According to Federal Law 4804-1 of 15/04/93. "On Export and Import of Cultural Property" and its subsequent revisions of 02.11.2004 N 127-FZ, of 23.07.2008 N 160-FZ, of 17.07.2009 N 150-FZ, of 01.07.2011 N 169-FZ under CULTURAL VALUES under this Act is to be understood:
«Article 6. Cultural property under this Act
For the purposes of this Act, cultural property refers to movable items of tangible peace in the territory of the Russian Federation, namely:
cultural values ​​created by individuals or groups of individuals who are citizens of the Russian Federation;
cultural values ​​that are important for the Russian Federation and by the Russian Federation, foreign citizens and stateless persons residing on the territory of the Russian Federation;
cultural property found in the Russian Federation;
cultural property acquired by archaeological, ethnological and natural-scientific expeditions with the consent of the competent authorities of the country of origin of these values;
cultural property acquired as a result of voluntary exchanges;
cultural property received as a gift or purchased legally with the consent of the competent authorities of the country of origin of these values. »

Thus, foreign objects in the importation into the territory of the Russian Federation in no way may be subject to the Law "On Export and Import of Cultural Property." This is not a cultural value for Russia. A one penny of the USSR in 1961 is already a cultural value.
Please legally savvy to refute or confirm this interpretation.




Последний раз редактировалось Борисович; 21.10.2011 в 11:46.
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Старый 23.03.2012, 11:55 Язык оригинала: Русский       #10
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Цитата:
Сообщение от B. Посмотреть сообщение
Perhaps one of the legal profession will be able to explain what relation to cultural values ​​when importing the Russian Federation has the furniture, paintings, coins, medals, etc., of foreign manufacture?
According to Federal Law 4804-1 of 15/04/93. "On Export and Import of Cultural Property" and its subsequent revisions of 02.11.2004 N 127-FZ, of 23.07.2008 N 160-FZ, of 17.07.2009 N 150-FZ, of 01.07.2011 N 169-FZ under the CULTURAL VALUES under this Act is to be understood:
«Article 6. Cultural property subject to this Act
For purposes of this Act refers to movable cultural property of the material world objects on the territory of the Russian Federation, namely:
Cultural property created by individuals or groups of individuals who are citizens of the Russian Federation;
cultural values ​​that are important for the Russian Federation and by the Russian Federation, foreign citizens and stateless persons residing in the territory of the Russian Federation;
cultural property found within the territory of the Russian Federation;
cultural property acquired by archaeological, ethnological and natural-scientific expeditions with the consent of the competent authorities of the country of origin of such property;
cultural property acquired as a result of voluntary exchanges;
cultural property received as a gift or purchased legally with the consent of the competent authorities of the country of origin of these values. »

Thus, foreign objects in the importation into the territory of the Russian Federation in no way be subject to the Law "On Export and Import of Cultural Property." This is not a cultural value to the Russian Federation. A one penny of the USSR in 1961 is already a cultural value.
Please legally knowledgeable refute or confirm this interpretation.
More recently I also asked this question. I have exactly the same misunderstanding of the written law.
Only I have a question arose with the furniture. It is in the list of cultural values ​​in general are not directly specified. Only if you do not refer to other objects /property. Now I'm trying to find some method to determine this very "cultural values" of the subject.
Contact the Ministry of Culture, while not clear to me how they will determine the cultural value does not want to. Because so far, in my opinion, everything can be subsumed under the concept of "cultural value".
Earlier, the Ministry of Culture acted ORDER FROM RUSSIA 12.10.98 N 503 "On Approval of Instruction on Export controls:
And export of cultural property. "There was once a more or less clear, but it was canceled.
How to find a comprehensible comments - lay out here.



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