The Law Of A Member State Of The European Union On The Return Of Cultural Objects Unlawfully Removed From The Territory Of A

Original Language Title: Laki Euroopan unionin jäsenvaltion alueelta laittomasti vietyjen kulttuuriesineiden palauttamisesta

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In accordance with the decision of the Parliament, provides for: the scope of article 1 of the territory of the Member State on the return of cultural objects unlawfully removed from the Regulation (EU) no 1024/2012 to the European Parliament and of the Council directive amending it, carried out by the 2014/60/EU the second referred to in paragraph 1 of article 2, a Member State of the European Union as a national treasure, as determined by the cultural object in question, which is, and which have been exported from the territory of another Member State, will be returned to the Member State concerned in accordance with this law.
This law also provided for in paragraph 3 of the cultural objects unlawfully removed from Finland on requests and notifications.
The provisions of this law shall also apply to the Member States of the European Union, of the countries of the European economic area.

the illegal export, section 2 of the cultural object has been unlawfully removed, if it is exported from the territory of a Member State of the European Union for the protection of national treasures, contrary to the law of a Member State or on the export of cultural goods of Council Regulation (EC) No 1782/2003 116/2009.
Object has been unlawfully removed, too, if it has been left to refer the Member State of the European Union, of which it has been authorised, the renovation of the exhibition, or other similar temporary or fixed-term purpose contrary to the law of the State, or if the luvalliselle, following the specified condition has been broken.

section 3 of the duties provided for in This law, the central authority concerned of the central authority is the Ministry of education and culture. The central authority, the Ministry of education and culture is responsible, in cooperation with the competent authorities in Finland: 1) keep in touch with the article 1 of the said directive, the Member States of the European Union within the meaning of the central authorities and to the competent authorities, as well as to promote the cooperation between the Finnish and the competent authorities of the Member States;
2. at the request of the requesting Member State) to find the cultural objects illegally exported in Finland and to find out the owner and holder;
3) announced the discovery of the suspected goods deemed illegally in the Member States concerned;
4), if necessary, requesting a Member State to inspect the object within six months of the submission of the notification referred to in paragraph 3;
5) to act as an intermediary between the owner of the object or of the holder, as has been said in the negotiations between the Member State and the return of the return of reconciliation;
6) to take measures for the protection of cultural objects unlawfully removed from the, as well as in order to secure the return of;
as has been said, the return of the item 7) to take care of the request of a Member State, of the initiation of the proceedings and other judicial assistance;
8) sent from Finland to the search for and return of cultural objects unlawfully removed from the requests of the authorities of the Member States of the European Union;
9) indicates the location of the illegally exported from Finland to the object in the State on the basis of an application for the initiation of the return of the object in this State; as well as 10) take any other necessary this law and article 1 of that directive, measures falling within the scope of the.

section 4 of the application for the return of the District Court to decide in Finland to the rest of the territory of the Member State of the European Union for the return of the cultural object illegally exported, at the written request of the Member State concerned.
The application examines the District Court in whose jurisdiction the property is the owner of the object or the Court or the holder of a domicile or habitual residence, or, in whose district he resides.
The return of the application or its annex shall be described in the required item and mention that it is a cultural object within the meaning of article 1. The application shall also be accompanied by an application, the competent authority of the Member State issuing the written confirmation that the object has been unlawfully removed from the territory of the Member State concerned.

section 5 of the precautionary measures in order to secure the return of the cultural object as referred to in article 4, the District Court may order the seizure of an article or fix another precautionary measure. Precautionary measures provided for in Chapter 7 of the code of judicial procedure.
An application for a precautionary measure may be initiated by the section 4 (1) of the Member State referred to in the paragraph, or the Ministry of education and culture.
If an application referred to in article 4 have not been initiated within six months of the adoption of the decision on the imposition of the protective measure, the order will be cancelled. In addition, a natural person who provides for the implementation of the withdrawal of the (705/2007) article 4 of Chapter 8.

section 6 of the number of times The application provided for in article 4 shall be brought within three years from the time when the competent central authority of the Member State from which the object has been unlawfully removed, information was received by the location of the object, as well as the owner of the community or the holder. The application may not, however, be initiated after 30 years have passed since the illegal export of the object.
In the case of paragraph 1 of article 2 of the said directive the public referred to in paragraph 8 to the collection of an object or a religious community, owned by the object, which is the return of the vaatineessa of the object subject to special protection in a Member State, the application shall be filed within the time limit of three years referred to in subparagraph (1). The application may not, however, be brought after 75 years have passed since the illegal export of the object.

section 7: the right to compensation If the return of a cultural object is an object, which is illegal, because after you have received the right to property, the right to the lien, or other object, has the right to object to the return of the return of the vaatineelta Member State reasonable compensation for the damage caused and the damage.
The District Court is in the context of the examination of the application for the return of order referred to in subsection 1, the holder of the right to claim compensation, if it can show that it is the right of acquiring complied with due diligence. Due diligence assessment, account shall be taken of all the circumstances in article 1 in accordance with paragraph 2 of article 10 of that directive.
Considering the amount of compensation will be taken into account the impact of the return of the object in the property or any other right to it, the purchase price of the object, the value of the object after the acquisition of the changes that have occurred, the costs of the acquisition and the retention of, the object of a special sentimental value to its owner, as well as other related issues.
In case of transfer by actual or otherwise, free of charge, to the return of qualified ownership of or another right in respect of an object which does not have a better right to compensation than that from which the object is obtained, free of charge.
The compensation referred to in this article shall be paid in the context of the return of the object.

the costs of section 8 of the Finnish State does not inherit from the return of the cultural object in the Member State, of the vaatineelta of the costs incurred by the central authority and the competent authorities under this law.
They have been applied for the return of the cultural object in the Member State shall be responsible for the legal proceedings initiated in Finland and the rest of the cost of a separate procedure. The expenses provided for in chapter 21 of the code of judicial procedure. The return of the requested Member State shall be responsible for the costs of the protection and conservation of the object resulting from, in Finland.

Article 9 of the law applicable to the ownership of The asset in question is a cultural object is in section 1 of this Act and in accordance with the said directive returned from Finland to another Member State of the European Union, to be eligible for any of the illegal export and ownership of an object between the time it is applied to the restoration of the law of the Member State to which the object has been restored.

date of entry into force of section 10 of this law shall enter into force on 18 December 2015 at the latest.
This Act repeals the European economic area, on the return of cultural objects unlawfully removed from the territory of the State of the law (1276/1994). The law will apply to the cultural objects in Finland, which has been unlawfully removed from the territory of another Member State of the European Union on 1 January 1995.
THEY SiVM 3/12/2015, 2015, EV 12/2015

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