Of Cultural Objects Displaced In The Union Of Soviet Socialist Republics As A Result Of The Second World War And Located On The Territory Of The Russian Federation

Original Language Title: О культурных ценностях, перемещенных в Союз ССР в результате Второй мировой войны и находящихся на территории Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On cultural property, displaced in the Soviet Union as a result of World War II and located on the territory of the Russian Federation Adopted by the State Duma on 5 February 1997 Approved by the Federation Council on 5 March 1997 (In the wording of federal laws from 25.05.2000. N 70-FZ; of 22.08.2004 N 122-FZ; of 23.07.2008 N 160-FZ) This Federal Law regulates relations related to cultural values moved to the Soviet Union as a result of the Second World War and present in the territory of the Russian Federation. The main purposes of this Federal Law are: Protection of these cultural property from the embezzlement, prevention of their illegal export outside the Russian Federation, as well as improper transfer to anyone Create the necessary legal conditions for the actual conversion of these cultural properties to partial compensation for damage to the cultural property of the Russian Federation as a result of the looting and destruction of its cultural property. values of Germany and its military allies during the Second World War "To ensure the interests of the Russian Federation when dealing with foreign States in settling disputes concerning these cultural values on the basis of consistent application of the principle of reciprocity;" providing opportunities for familiiating with these cultural values to citizens of the Russian Federation and foreign citizens, including specialists in the field of education, science and culture; creating an enabling environment for development of international cooperation in the field of education, of science and culture. CHAPTER I. GENERAL PROVISIONS Article 1. Russian Federation's legislation on cultural values displaced in the Soviet Union as a result of the Second World War and those in the territory Russian Federation Russian legislation OF THE PRESIDENT OF THE RUSSIAN FEDERATION by the present Federal Law of Legislation. Article 2. International legal and other acts on which this Federal Law is based This Federal Act is based on international legal and other acts that have been adopted during and after the Second World War. of the Peace Treaties of 1947, the acts adopted on the basis of the rights and the supremacy of the occupation authorities in Germany in 1945-1949, the State Treaty the restoration of an independent and democratic Austria of 15 May 1955, The final settlement of Germany dated 12 September 1990, as well as the provisions of Article 107 of the Charter of the United Nations and the United Nations Declaration of 5 January 1943. Article 3. The Effect of this Federal Act on the de facto ownership of cultural property, displaced to the Soviet Union as a result of the Second World War and those in the territory The Federation This Federal Act applies to displaced cultural property as defined in article 4 of this Federal Law, regardless of the actual possession. (In the wording of the Federal Law of 25 May 2000, N 70-FZ) Article 4. The basic concepts used in this Federal Law For the purposes of this Federal Law, the following basic concepts are used: restitution-kind of material international legal liability The State which has committed an act of aggression or other internationally wrongful act consisting in the duty of the State to remove or reduce the material damage caused to another State by restoring its previous state, in particular through the return of property, plundered and illicit its removal from the occupied territory of another State; compensatory restitution-the type of material international and legal responsibility of the aggressor State to be applied in cases where the exercise of responsibility It is not possible, in the form of ordinary restitution, to compensate the other State for material damage caused by the transfer to the injured State (or by way of an exception to the victim). by the State in its favour) of the same kind as the looted and unlawfully removed by the aggressor State from the territory of the injured State; cultural property-property values of a religious or secular nature which have historical, artistic, scientific or other cultural property value: works of art, books, manuscripts, inbobulls, archival materials, parts and fragments of architectural, historical, artistic monuments, as well as monuments of monumental art and other categories of objects OF THE PRESIDENT OF THE RUSSIAN FEDERATION About the export and import of cultural property"; displaced cultural property-cultural values displaced in the exercise of compensation Restitutions from the territories of Germany and its former military allies-Bulgaria, Hungary, Italy, Romania and Finland to the territory of the Soviet Union in accordance with the orders of the military command of the Soviet Army, the Soviet military administration in Germany, to other competent bodies of the Union of Soviet Socialist Republics currently in the territory of the Russian Federation; former hostile states-Germany and allied to it during the Second World War-Bulgaria, Hungary, Italy, Romania and Finland; State, private, municipal, social and other organizations and associations in former hostile States; the Federation and the States referred to in article 7 of this Federal laws) whose territories were wholly or partially occupied by forces of former enemy States; property of interested States-property of state, private, municipal, public and other organizations and associations in interested States; cultural institutions-Russian State (including departmental) and municipal museums, archives, libraries and other scientific, educational, visual and educational enterprises, institutions and organizations carrying out their activities In the field of education, science and culture. Article 5. The composition of displaced cultural property The composition of displaced cultural property from the point of view of their former state affiliation includes cultural values, as set out in article 4 of the present Federal law, property of former enemy states. (In the wording of the Federal Law of 25 May 2000, N 70-FZ CHAPTER II. DISPLACED CULTURAL PROPERTY AND THEIR PROPERTY RIGHTS Article 6. The right to property of the Russian Federation for displaced cultural property 1. All displaced cultural property brought to the Union of Soviet Socialist Republics in the exercise of its right to compensation restitution and situated on the territory of the Russian Federation, except as provided for in articles 7 and 8 of this Federal Law, are in the possession of the Russian Federation and are in federal property. (In the wording of Federal Law No. N 70-FZ) 2. The right to federal property does not apply to the specific cultural values of the displaced persons who have legally owned Russian natural and legal persons, constituent entities of the Russian Federation, and municipalities. Education, social and other organizations and associations. (Paragraph added is the Federal Law of 25.05.2000). N 70-FZ) Article 7. Guarantees of property rights of the Republic Belarus, the Republic of Latvia, the Republic of Lithuania, the Republic of Moldova, Ukraine and the Republic of Estonia on the displaced cultural property 1. The provisions of article 6 of this Federal Act do not affect the right to property of the Republic of Belarus, the Republic of Latvia, the Republic of Lithuania, the Republic of Moldova, Ukraine and the Republic of Estonia for cultural objects which may have been in the territory of the Republic of Belarus. the composition of the displaced cultural property, but were looted and removed during the Second World War by Germany and (or) its military allies not from the territory of the RSFSR, but from the territories of the Byelorussian SSR, the Latvian SSR, the Lithuanian SSR, the Moldovan Soviet Socialist Republic, The Ukrainian SSR and the [ [ Estonian SSR]] made up the national patrioons, not others of the Union Republics which were part of the Union of Soviet Socialist Republics in the borders on 1 February 1950. 2. The objects of culture referred to in paragraph 1 of this article may be transferred to the Republic of Belarus, the Republic of Latvia, the Republic of Lithuania, the Republic of Moldova, Ukraine and the Republic of Estonia if they comply with the conditions, In accordance with article 18, paragraph 4, of this Federal Act, and with the consent of the Russian Federation, the same approach to the cultural values of the Russian Federation displaced by the former enemy States to the USSR and in their territories. Article 8. Displaced cultural property not covered by articles 6 and 7 of this Federal Act Articles 6 and 7 of this Federal Act do not fall within the following displaced cultural The values of: 1) the cultural assets of the States concerned, forcibly removed and illegally removed from their territories by former hostile states; (In the wording of Federal Law dated 25.05.2000 N 70-FZ (2) Cultural property, which was the property of religious organizations or private charitable institutions, was used exclusively for religious or charitable purposes and did not serve the interests militarism (or) Nazism (Fascism); 3) cultural values that belonged to persons deprived of these values in connection with their active struggle against Nazism (fascism), including in connection with their participation in the national resistance the occupying regimes of former enemy States and collaborationism (a) The Convention on the Elimination of All Forms of Discrimination against Racism, Racial Discrimination, Article 9. The conditions for the transfer to the States concerned of the cultural property subject to the scope of Article 8 of this Federal Law 1. Cultural values for which the State concerned is to declare their return within 18 months from the date of the entry into force of this Federal Act, and will officially confirm that it has not received such values The lump-sum compensation from Germany or other former hostile State shall be transferred to the State concerned under the conditions provided for in article 18 of this Federal Law. Such a claim for precisely designated cultural values (of precisely designated cultural value) may be claimed by the State concerned at any time as soon as it becomes aware that these values (this value) The Russian Federation is in the territory of the Russian Federation, but not later than 18 months from the day of publication by the federal executive branch, to which the Government of the Russian Federation is responsible for State regulation. the preservation of cultural property, information on those values (art. A source of information set by the Government of the Russian Federation. (In the wording of the Federal Law of 25 May 2000, N 70-FZ) The powers provided for in the first paragraph of paragraph 1 of this article may be used by any interested State which grants the Russian Federation on the basis of the principle of reciprocity not less favourable The legal conditions for the return of the cultural property of the Russian Federation, looted by former enemy States, which are or may be in the future in the territory of the said State concerned. (In the wording of Federal Law No. N 70-FZ) 2. The claims referred to in paragraph 1 of this article that are not filed within the time period specified in this paragraph are not accepted, which does not preclude the right of individuals and entities of the State concerned to seek redress for their claims. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the Federal Law of 25 May 2000, N 70-FZ) 3. Reciprocally incorporated cultural property subject to article 8 of this Federal Act not in demand by the State concerned in the manner and under the conditions established by this Federal Law, or by natural or legal persons by persons of the said State, on the basis of a court decision that has entered into force, shall be credited to the special fund (register) of cultural property intended for the exchange of cultural property of the Russian Federation, plundered by former enemy States during the Second World War and present on the territory of of a State which has not claimed its cultural property. The provision on the special fund (register) of cultural property referred to in this paragraph shall be approved by the authorized Government of the Russian Federation by the Federal Executive. (Paragraph added is the Federal Law of 25.05.2000). N 70-FZ; as amended by Federal Law of 23.07.2008 N 160-FZ) Article 10. The conditions for the transfer of the former hostile States of cultural property referred to in subparagraphs 2 and 3 of article 8 of this Federal Law 1. Cultural property, as set out in article 8, paragraphs 2 and 3, of this Federal Act and in respect of which the former enemy State will declare their return and provide evidence that these values are subject to Article 8, paragraph 2, subparagraph (2) (or) of this Federal Act may be transferred to the claimant under article 18 of this Federal Act. Such a claim for precisely designated cultural values (of an exact cultural value) may be claimed by a former hostile State at any time as soon as it becomes known that these values are The Russian Federation is in the territory of the Russian Federation, but not later than 18 months from the day of publication by the federal executive branch, to which the Government of the Russian Federation is responsible the preservation of cultural property, information on these values (this The information provided by the Government of the Russian Federation. (In the wording of the Federal Law of 25 May 2000, N 70-FZ) The powers provided for in the first paragraph of paragraph 1 of this article may be used by former enemy States which will take special legislative measures to ensure the performance of their duties on the return of the Russian Federation to its cultural property, plundered and illicitly exported by former enemy States and may be in the future in the territory of the said former enemy State. 2. The claims referred to in paragraph 1 of this article not claimed within the time period specified in this paragraph are not accepted, which does not deprive the natural and legal persons of former enemy States of the right to seek the satisfaction of their nationals. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the Federal Law of 25 May 2000, N 70-FZ) 3. The displaced cultural property referred to in article 8, paragraphs 2 and 3, of this Federal Act, which are not in demand by former enemy States in the manner and under conditions established by this Federal Law, as well as by physical or The legal persons of these States, on the basis of the court decision that has entered into force, become federal property, which does not deprive persons referred to in article 8, subparagraph 3 of this Federal Act, of the right to claim compensation for their injuries. under current law of the former The hostile State of causation. (Paragraph added is the Federal Law of 25.05.2000). N 70-FZ) Article 11. Displaced cultural property that is not subject to foreign states, international organizations and (or) export from the Russian Federation cannot be transferred to foreign States, international organizations and (or) export displaced cultural values (archives and other materials, relics and other values) from the Russian Federation, which, by their content or nature, may serve the purposes of reviving the spirit of militarism and (or) Nazism (...) (...) Article 12. Promoted cultural property, family relics 1. Reciprocally incorporated cultural values, family relics: family archives, photographs, letters, honours and awards, portraits of family members and their ancestors, under article 6 of the present The Federal Act, on the basis of humane considerations, may be transmitted to the duly authorized representatives of the families formerly belonging to these values (relics) under the conditions laid down in article 19 of this Federal Act. 2. The action of paragraph 1 of this article does not apply to family relics of active militaristic and (or) Nazi (or Nazi) regimes. Article 13. Rights of cultural institutions with respect to displaced cultural property 1. Establishment of a culture, which is enshrined in the law of operational control in accordance with the provisions of the Civil Code of the Russian Federation displaced cultural property under article 6 of this Federal Act in federal property, shall exercise the right to own, use and dispose of the said cultural property in accordance with the purposes of its activities and the appointment of those values. However, the alienation of these cultural objects and (or) their transfer, except as provided for in paragraph 2 of this article, may be carried out no other than in the order and under the conditions of this Federal Act. by law. (In the wording of Federal Law No. N 70-FZ 2. Duplicates of displaced cultural property held in the operational management of cultural institutions: books, lithographs and other printed publications-may be subject to cultural exchanges with foreign agencies and organizations in cases where these are The duplicates are not of interest to other cultural institutions in the Russian Federation. Chapter III. International cooperation on the question of the culture of the Russian Federation. The cultural values illegally removed from the territory of the Russian Federation, occupied by the German troops and its military allies in the period of the Second World War Cooperate with States that have carried out jointly with the Union of Soviet Socialist Republics the supreme power in Germany under its occupation-the United Kingdom of Great Britain and Northern Ireland, the United States of America and the French Republic-for the purpose of OF THE PRESIDENT OF THE RUSSIAN FEDERATION that could be transferred to these States from the respective zones of occupation of Germany. The Russian Federation will cooperate in the same way with other States that may have its cultural values and which have signed or acceded to the United Nations Declaration of 5 January 1943, by concluding the relevant international treaties referred to in article 22 of this Federal Law. Article 15. Conditions for the exchange of displaced cultural values on the cultural property of the Russian Federation outside the Russian Federation Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION the conclusion of the plenipotentiary federal body The executive power in the field of culture, art and cinematography. This exchange shall be effected by an international treaty of the Russian Federation, subject to the provisions of chapter V of this Federal Law. (In the wording of Federal Law of 22.08.2004) N 122-FZ CHAPTER IV { \pos (1620 ) } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } LAW OF THE USE The Plenipotentiary of the Federal Executive power in the sphere of culture, art and cinematography (In the wording of Federal Law from 22.08.2004. N 122-FZ) 1. Monitoring of the preservation of displaced cultural property and preparation of decisions on issues relating to property rights are entrusted to the competent federal body of the executive power in the sphere of culture, art and culture. (...) (...) (In the wording of Federal Law of 22.08.2004) N 122-F) 2. The federal body also has the following functions: monitoring and maintaining an electronic database of all displaced cultural property, publishing information about them and maintaining a register of cultural property, for the exchange referred to in article 9, paragraph 3, of this Federal Act; 25.05.2000. N70-FZ) Claims of foreign nationals and applications of foreign nationals under article 18 and article 19 of this Federal Law, respectively, are reviewed and accepted Decisions on these motions; The distribution of displaced cultural property among cultural institutions for the purpose of effectively applying these values to reparations for damage suffered by these cultural institutions as a result of looting and The destruction of their property by former enemy forces; Identify contentious issues between cultural institutions regarding the distribution of displaced cultural property among them; Definition of categories of displaced cultural property not to be transferred to foreign countries States, international organizations and (or) export from the Russian Federation as well as the regime of their storage; issue of a culture of authorization for the exercise of the right under article 13 of this Federal Law the use of the clones of displaced cultural property for the Exchanges with foreign agencies and organizations; monitoring compliance with the rules for foreign economic activities relating to displaced cultural property; view together with the Ministry OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal law. 3. Decisions of the federal authority, taken in accordance with its functions and powers as defined in this article, shall be binding. Decisions of the federal authority may be appealed in court in accordance with the legislation of the Russian Federation. The decision, which has not been appealed in accordance with the law of the Russian Federation, shall be deemed to have entered into force and may be amended by a new decision of the federal authority. The Government of the Russian Federation may cancel or suspend the Federal Authority's decision. (In the wording of the Federal Law of 25 May 2000, N 70-FZ 4. As a collegial deliberative body, the Interministerial Council for Cultural Property Issues, which had been displaced as a result of the Second World War, was being established. The President of the Interagency Council for Cultural Property, Displaced as a Result of the Second World War, is the Head of the Federal Authority. Article 17. Motions and claims by cultural institutions regarding displaced cultural property and in relation to the return of their property The institution of culture can apply to the federal authority for allocation To him certain cultural values from the displaced to compensate for the damage suffered by this cultural institution as a result of the pillaging and/or destruction of his property by the forces of former enemy States, and to claim Disagreement with the distribution of such property. The procedure for processing such claims and claims is determined by the position approved by the Government of the Russian Federation. The Culture Institution may also apply to a federal body for claims of restitution of its cultural property, which has been improperly transferred to another cultural institution. Article 18. Foreign claims to displaced cultural property 1. The claims for the displaced cultural property referred to in article 8, paragraphs 1, 2 and 3, of this Federal Act may be claimed by the Government of the State which has claimed these values only to the Government of the Russian Federation; The claims of individuals and legal entities, municipal bodies, public and other organizations and associations are not accepted. The claim is submitted to the Government of the Russian Federation by the Government of the claimant State in the State language of the Russian Federation. (In the wording of the Federal Law of 25 May 2000, N 70-FZ) 2. The transfer to a State that has claimed to be a displaced cultural property of a unique character, especially important historical, artistic, scientific or other cultural significance, is carried out on the basis of federal law. The draft federal law on the transfer of displaced cultural property is submitted to the State Duma of the Federal Assembly of the Russian Federation by the Government of the Russian Federation, in coordination with the State authority of the constituent entity of the Russian Federation. The Federation, in whose territory a regional cultural institution is located, is responsible for the operational management of this cultural property. Criteria and procedures for the attribution of displaced cultural property to cultural values of a unique character, especially important historical, artistic, scientific or other cultural significance, or to cultural values that do not exist OF THE PRESIDENT OF THE RUSSIAN FEDERATION The transfer to a State that has claimed a displaced cultural property that is not of a unique nature, particularly important historical, artistic, scientific or other cultural significance, is carried out on the basis of an order issued by the State party. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN THE RUSSIAN FEDERATION The decree enters into force on the day of its official publication. (In the wording of the Federal Law of 25 May 2000, N 70-FZ 3. Without the adoption of a corresponding federal law or government decree , displaced cultural property cannot be the subject of transfer, donation, exchange or any other disposition in favour of of any State, organization or individual. (In the wording of Federal Law No. N 70-FZ 4. The transfer of the displaced cultural property that is the subject of the claim is to be reimbursed by the State concerned for its identification, expertise, storage, restoration, and expenses. Transfer (transport and other). 5. On the basis of a federal law or a decree of the Government of the Russian Federation on the transfer of the displaced cultural property, the federal authority gives instructions to the establishment of a culture in which it is located The displaced cultural property that is the object of the claim is to be concluded with an organization (institution or individual) authorized by the Government of the claimant State to the contract under which the claim is made of the expenses referred to in paragraph 4 of this article and actual Transfer of value (relic). (In the wording of Federal Law No. N 70-FZ) The act of transfer of displaced cultural property is recorded and stored in the federal authority, and copies of the act are kept in cultural institutions and by the parties concerned. Article 19. Motions for family relics 1. Applications for displaced cultural property, which are family relics as defined in article 12 of this Federal Act, may be submitted by duly authorized representatives of the families formerly owned by the family. these values (relics), to a federal organ. 2. If the application is granted, the federal authority decides to transfer the family relic, which is the object of the request, to the family to which it belonged, subject to payment of the cost of the petition, as well as compensation The costs of its identification, expertise, storage, restoration and expenses for its transfer (transport and others). 3. The establishment of a culture in which the displaced cultural property, which is the object of the petition, is being managed is concluded by a federal authority with an appropriate legal authority by a representative of a family formerly assigned to it. belonged to that cultural value (relic), the contract under which it was paid, reimbursement of the expenses referred to in paragraph 2 of this article and the actual transfer of value (relic). The Sub-Commission on the Transfer of Cultural Property (relics) is registered and stored in the federal authority and copies of the act are kept in the cultural institutions and the parties concerned. Article 20. Reciprocally incorporated cultural property in cultural institutions of the constituent entities of the Russian Federation or municipal culture institutions Preterm before expiry The consideration of claims by foreign States for the displaced cultural property set out in articles 9 and 10 of this Federal Law, those values that are in the cultural institutions of the subjects of the Russian Federation or municipal cultural institutions, in accordance with Article 6 of this Federal Act is considered federal property. Redistribution of displaced cultural property between federal cultural institutions, cultural institutions of the constituent entities of the Russian Federation or municipal cultural institutions before the expiry of the specified time frame is allowed. (In the wording of Federal Law No. N 70-FZ) Article 21. Liability for violation of this Federal Law Persons responsible for violations of this Federal Law shall be subject to administrative, civil and criminal liability in accordance with the law. of the Russian Federation. Chapter V. FEDERAL LAW AND INTERNATIONAL INSTRUMENTS OF THE RUSSIAN FEDERATION Article 22. The international treaties of the Russian Federation, , to achieve the goals of this Federal Law Russian Federation will conclude international treaties that contribute to the achievement of the objectives of the present Federal law, including international treaties: on the settlement of questions relating to the reimbursement of the costs of the Russian Federation and its cultural institutions for the preservation and restoration of displaced cultural property, which were Foreign States, on a non-treaty basis or under non-reimbursement of international treaties concluded by the Government of the Union of Soviet Socialist Republics or the Government of the Russian Federation with the Governments of other States prior to the entry into force of this Federal Law; o An equivalent exchange of displaced cultural property to the cultural values of the Russian Federation, located outside the Russian Federation; to assist the cultural institutions of the Russian Federation in cooperating with the cultural institutions of other States for the exchange of of the values of cultural property removed from the territory of the Russian Federation at different times lawfully, as well as the buyback of such values; on government guarantees for the security of the host State; and Inviolability of displaced cultural property in their demonstration in art salons, foreign exhibitions and other expositions; to return to the Russian Federation its cultural property, looted and illegally exported by the occupation forces of the Soviet occupation forces States. Article 23. Ratification of international treaties of the Russian Federation, relating to cultural property of the Russian Federation , the international treaties of the Russian Federation relating to displaced cultural property, as well as and any other international treaties of the Russian Federation relating to 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 on the date of its official publication. Article 25. Enact normative legal acts in conformity with this Federal Law Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its normative legal acts into compliance with this Federal Law. President of the Russian Federation B. Yeltsin Moscow, Kremlin 15 April 1998 N 64-FZ