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

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102052508

RUSSIAN FEDERATION Federal Act concerning 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 adopted by the State Duma on February 5, 1997 year approved by the Federation Council of the year March 5, 1997 (as amended by the federal laws from 25.05.2000 N 70-FZ;
from 22/08/2004, no. 122-FZ; from 23.07.2008 N 160-FZ) this federal law regulates relations related to cultural property 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.
The main objectives of this federal law are: protection of these cultural treasures from plundering, preventing their illicit exportation outside the Russian Federation, as well as the improper transfer to any recipient whatsoever;
the establishment of the necessary legal conditions for real treatment of these cultural values for partial compensation of damage caused to the cultural heritage of the Russian Federation as a result of the looting and destruction of its cultural values of Germany and its military allies during the second world war;
ensuring the interests of the Russian Federation in resolving contentious issues with foreign States regarding these cultural values on the basis of the consistent observance of the principle of reciprocity;
providing the opportunity to familiarize themselves with these cultural values of citizens of the Russian Federation and foreign citizens, including professionals in the fields of education, science and culture;
the creation of favourable conditions for the further development of international cooperation in education, science and culture.
Chapter i. General provisions article 1. The legislation of the Russian Federation 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 legislation of the Russian Federation concerning 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 consists of this federal law and other issued in accordance with the Constitution of the Russian Federation and the present Federal law legislation.
Article 2. International legal and other acts of the present Federal Act this federal law based on international legal and other acts taken during and after the second world war and remained valid for arising as a consequence of these acts of property relations: peace treaties of 1947 year, acts adopted on the basis of rights and the rule of the occupation authorities in Germany, 1945-1949, the State Treaty for the re-establishment of an independent and democratic Austria from May 15, 1955 year , The Treaty on the final settlement with respect to Germany from September 12, 1990 onwards, as well as on the provisions of article 107 of the Charter of the United Nations and the United Nations Declaration of January 5, 1943 year.
Article 3. The effect of this federal law in relation to actual possession of cultural property 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 this federal law applies to displaced cultural property as defined in article 4 hereof, irrespective of in whose actual possession they are. (As amended by federal law from 25.05.2000 N 70-FZ), Article 4. The basic concepts used in the present Federal law for the purposes of this federal law uses the following concepts: restitution-type material of the international legal responsibility of the State which has committed an act of aggression or any other internationally wrongful act of that State's obligations to eliminate or reduce the damage caused to another State property damage by restoring the status quo ante, in particular through the return of property looted and illegally exported them with his troops occupied the territory of another State;
compensatory restitution-type material of the international legal responsibility of the aggressor State, applied in cases where the implementation of the responsibility of the State in the form customary restitution is impossible, and of the responsibilities of the State to compensate the caused material damage to another State by transferring the injured State (or by withdrawing the injured State in their favor) items of the same kind as that of looted and illegally exported by an aggressor State from the territory of the injured State;
cultural values-property values, religious or secular nature of historic, artistic, scientific or other cultural value: artworks, books, manuscripts, incunabula, archival materials, parts and fragments of architectural, historical, artistic monuments, as well as monuments, monumental art and other categories of items, as defined in article 7 of the law of the Russian Federation "on the export and import of cultural property";

displaced cultural property-cultural property displaced in the implementation of compensatory restitution from the territories of Germany and its former military allies, Bulgaria, Hungary, Italy, Romania and Finland on the territory of the USSR in accordance with the orders of the military commander of the Soviet army, the Soviet military administration in Germany, orders of other competent organs of the Union of Soviet Socialist Republics and currently on the territory of the Russian Federation;
former enemy States Germany and allied with it during the second world war the State 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;
the States concerned-the State (with the exception of the Russian Federation and of the States referred to in article 7 of this federal law), whose territories wholly or partly occupied by troops of the former enemy States;
property States property public, private, municipal, public and other organizations and associations in the States concerned;
cultural institutions-Russian State (including departmental) and municipal museums, archives, libraries and other scientific, educational, entertaining and educational enterprises, institutions and organizations working in the field of education, science and culture.
Article 5. The composition of the displaced cultural treasures in the composition of the displaced cultural treasures from the point of view of their former nationality includes cultural values which have the meaning specified in article 4 of this federal law, the property of the former enemy States. (As amended by federal law from 25.05.2000 N 70-FZ), chap. II. DISPLACED CULTURAL TREASURES and OWNERSHIP Article 6. On the property right of the Russian Federation on displaced cultural valuables 1. All displaced cultural valuables brought into the Union of Soviet Socialist Republics in exercise of his right to a compensatory restitution and reside on the territory of the Russian Federation, except as otherwise provided in articles 7 and 8 hereof, are the heritage of the Russian Federation and are federally owned. (As amended by federal law from 25.05.2000 N 70-FZ)
2. the right of federal property does not apply to specific cultural property displaced admitted legally into the ownership of Russian individuals and legal entities, the constituent entities of the Russian Federation, municipalities, public and other organizations and associations. (Para supplemented by federal law from 25.05.2000 N 70-FZ) Article 7. On guarantees of the right of property of the Republic of Belarus, the Republic of Latvia, the Republic of Lithuania, the Republic of Moldova, Ukraine and the Republic of Estonia on displaced cultural valuables 1. The provisions of article 6 hereof shall not affect the right of property of the Republic of Belarus, the Republic of Latvia, the Republic of Lithuania, the Republic of Moldova, Ukraine and the Republic of Estonia on cultural objects that may be in the composition of the displaced cultural treasures, but were looted and taken during the second world war, Germany and (or) its military allies from the territory of the RSFSR and the territories of the Byelorussian SSR, Latvian SSR, Lithuanian SSR, USSR , The Moldavian SSR, Ukrainian SSR and the Estonian SSR and were a national treasure, and not other Union republics of the former USSR borders on February 1, 1950 Goda.
2. Cultural objects 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 on conditioning when compliance with the conditions stipulated in paragraph 4 of article 18 of this federal law, as well as in their agreement to ensure, on a basis of reciprocity, the same approach to the cultural values of the Russian Federation, displaced from the former enemy States in the Union of Soviet Socialist Republics and their territories.
Article 8. Displaced cultural valuables not falling within the scope of articles 6 and 7 of this federal law under articles 6 and 7 of this federal law do not fall within the following displaced cultural treasures: 1) cultural values of interested States, forcibly seized and illegally exported from their territories former country States; (As amended by federal law from 25.05.2000 N 70-FZ) 2) cultural values that were the property of religious organizations or private charitable institutions, used exclusively for religious or charitable purposes and do not serve the interests of militarism (or) Nazism (Nazism);

3) cultural property that belonged to persons deprived of those values in connection with their active struggle against Nazism (Nazism), including in connection with their participation in the national resistance against the occupying regimes of former enemy States and kollaboracionistskim regimes, and (or) because of their race, religion or nationality.
Article 9. Terms of transfer to the States concerned cultural property under article 8 of the present Federal Law 1. Cultural property in respect of which the State concerned within a period of 18 months from the date of entry into force of this federal law declare the claim on their return, and when this officially confirms that it has received for these values of lump-sum compensation from Germany or other former enemy States, transferable State concerned under the conditions laid down in article 18 hereof. Such a claim is accurately identified cultural values (exactly designated cultural property) can be made interested State at any time, as soon as it becomes known that these values (this value) are (is) in the territory of the Russian Federation, but not later than 18 months from the date of publication by the Federal Executive Body, to which the Government of the Russian Federation responsible for State regulation in the field of conservation of cultural property , information about these values (the values) in the source of the information provided by the Government of the Russian Federation. (As amended by federal law from 25.05.2000 N 70-FZ) powers determined in the first subparagraph of paragraph 1 of this article may use any interested State, which would give the Russian Federation on the basis of the principle of reciprocity is not less favourable legal conditions for the return of the part of the former country looted cultural property of the Russian Federation States that are or may be in the future at a specified territory of the State concerned. (As amended by federal law from 25.05.2000 N 70-FZ)
2. The claim referred to in paragraph 1 of this article, is not claimed within the period specified in this paragraph are not considered, without prejudice to the natural and legal persons of the State concerned the right to seek satisfaction of their claims in judicially within the time limits defined by the legislation of the Russian Federation. (As amended by federal law from 25.05.2000 N 70-FZ)
3. displaced cultural property subject to article 8 hereof, not required by the State concerned, in the manner and under the conditions prescribed by this federal law, or the natural or legal persons of the State based on a valid judgement, shall be credited to the Trust Fund (roster) cultural values intended for the exchange of cultural property looted by the former Russian Federation States country during the second world war and in the territory of the State not vostrebovavshego their cultural values. Position on the Special Fund (registry) cultural values specified in this paragraph shall be approved by the Government of the Russian Federation the authorized federal body of executive power. (Para supplemented by federal law from 25.05.2000 N 70-FZ; as amended by federal law from 23.07.2008 N 160-FZ), Article 10. Conditions for the transfer of the former enemy States cultural values specified in subparagraphs 2 and 3 of article 8 of the present Federal Act 1. Cultural values, which are specified in subparagraphs 2 and 3 of article 8 hereof and in respect of which the former is for the State to declare the claim on their return and present evidence that these values are subject to subparagraph 2 and (or) subparagraph 3 article 8 hereof may be transferred by the State, expressing a claim, under the conditions laid down in article 18 hereof. Such a claim is relatively accurately designated cultural property (designated cultural property) may be declared by the former enemy State at any time, as soon as it becomes known that these values (this value) are (is) in the territory of the Russian Federation, but not later than 18 months from the date of publication by the Federal Executive Body, to which the Government of the Russian Federation responsible for State regulation in the field of conservation of cultural property , information about these values (the values) in the source of the information provided by the Government of the Russian Federation. (As amended by federal law from 25.05.2000 N 70-FZ)

The powers provided for in the first subparagraph of paragraph 1 of this article may use the former enemy States, which adopt specific legislative measures to ensure compliance with its duty to arrange the return of the Russian Federation of its cultural treasures looted and illegally exported former country States and are or may be in future on the territory specified in the former enemy State.
2. The claim referred to in paragraph 1 of this article, is not claimed within the period specified in this paragraph are not considered, without prejudice to legal and physical persons of the former enemy States right to seek satisfaction of their claims in judicially within the time limits defined by the legislation of the Russian Federation. (As amended by federal law from 25.05.2000 N 70-FZ)
3. displaced cultural treasures, those referred to in subparagraphs 2 and 3 of article 8 hereof, not popular former country States in the manner and under the conditions stipulated by this federal law, as well as the natural persons or legal entities of those States based on a valid judgement becomes federal property that does not deprive the persons referred to in subparagraph 3 of article 8 of this federal law, the right to claim compensation for damage in accordance with applicable laws of the former enemy States to make reparation of damage. (Para supplemented by federal law from 25.05.2000 N 70-FZ), Article 11. Displaced cultural valuables not transferable to foreign States, international organizations and (or) export from the Russian Federation cannot be transferred to foreign States, international organizations and (or) exported from the Russian Federation displaced cultural treasures (archival and other material relics and other valuables), which, according to their contents or nature may serve the purpose of reviving the spirit of militarism and (or) Nazism (Nazism).
Article 12. Displaced cultural treasures representing 1 family heirlooms. Displaced cultural treasures representing the family heirlooms: family archives, photographs, letters, awards and insignia, portraits of family members and their ancestors crossed into federal ownership in accordance with article 6 of this federal law, based on humane considerations can be transmitted with the appropriate powers of the representatives of the families that previously owned these values (relics), under the conditions laid down in article 19 of this federal law.
2. Paragraph 1 of this article shall not apply to family heirlooms active military figures and (or) Nazi (fascist) modes.
Article 13. The right to cultural institutions in regard to displaced cultural property 1. Cultural institution, which is attached to the right of operative administration in accordance with the provisions of the Civil Code of the Russian Federation displaced cultural valuables, in accordance with article 6 of this federal law in federal ownership, the rights of possession, use and disposition of specified cultural property in accordance with the objectives of its activities and assigning those values. However, the exclusion of these cultural values and (or) their transmission, with the exception referred to in paragraph 2 of this article may not be carried out except in the manner and under the conditions provided for in this federal law. (As amended by federal law from 25.05.2000 N 70-FZ)
2. Duplicate displaced cultural property, located in the operational management of cultural institutions: books, lithographs and other print publications, may be subject to cultural exchanges with foreign institutions and organizations if these duplicates are not of interest to other cultural institutions of the Russian Federation.
CHAPTER III. INTERNATIONAL COOPERATION in the identification and RETURN of CULTURAL PROPERTY to the RUSSIAN FEDERATION, Article 14. Cultural property illegally exported from the territory of the Russian Federation, occupied by the troops of Germany and its military allies during the second world war, the Russian Federation will cooperate with States, the EU, together with the Union of SSR Supreme authority in Germany during its occupation, the United Kingdom of Great Britain and Northern Ireland, United States of America and the French Republic with a view to identifying and returning the property of the Russian Federation of its cultural property that could be moved into these States from their respective zones of occupation in Germany.
The Russian Federation will cooperate for the same purposes with other States, which may be its cultural values and who signed the Declaration of the United Nations from January 5, 1943 year or acceded thereto, enclosing the relevant international agreements referred to in article 22 hereof.
Article 15. Conditions of exchanging displaced cultural property cultural property of the Russian Federation outside the territory of the Russian Federation

Exchange displaced cultural property cultural property of the Russian Federation, which are outside of the Russian Federation and in respect of which the Russian Federation had not claimed restitution claims only if the equivalence of specified Exchange defined by motivated imprisonment authorized federal body of executive power in the sphere of culture, art and cinematography. The specified Exchange issued an international treaty of the Russian Federation, subject to the provisions of chapter V of this federal law. (As amended by federal law from 22/08/2004, no. 122-FZ), chap. IV. The PROCEDURE for the IMPLEMENTATION OF THIS FEDERAL LAW, Article 16. Plenipotentiary of the federal body of executive power in the sphere of culture, art and cinematography (as amended by federal law from 22/08/2004, no. 122-FZ dated December 30, 2008) 1. Safety monitoring of displaced cultural property and preparation of decisions on issues relating to the ownership of these values is assigned to the Plenipotentiary of the federal body of executive power in the sphere of culture, art and cinematography (hereinafter referred to as the federal body). (As amended by federal law from 22/08/2004, no. 122-FZ)
2. The federal body entrusted with the following functions: monitoring and maintaining an electronic database of all displaced cultural property, publication of information and maintaining the register of cultural property intended for the Exchange referred to in paragraph 3 of article 9 hereof; (New paragraph echoing supplemented by federal law from 25.05.2000 N 70-FZ) claims of foreign States and foreign citizens ' petitions provided for respectively by article 18 and article 19 of this federal law, the preparation of decisions on those claims and decisions on these motions;
distribution of displaced cultural property among cultural institutions for real treatment of these values for damages suffered by these cultural institutions as a result of the looting and destruction of their property by the troops of the former enemy States;
settlement of disputes between the cultural institutions on the distribution between them displaced cultural property;
definition of categories of displaced cultural property, not to be transferred to foreign States, international organizations and (or) export from the Russian Federation, as well as their storage mode;
issuance of permits for cultural institutions provided for in article 13 of this federal law, the right to use duplicate displaced cultural property for cultural exchanges with foreign institutions and organizations;
monitoring compliance with the rules relating to foreign economic activity displaced cultural property;
submission, together with the Ministry of Foreign Affairs of the Russian Federation or in agreement with him to the Government of the Russian Federation proposals to negotiate concerning the displaced cultural treasures;
monitor compliance with this federal law.
3. The decisions of the federal authority, in accordance with its functions and powers established by this article are required. The decision of the federal authority can be appealed judicially in accordance with the legislation of the Russian Federation. The decision not to appeal within the prescribed period, the laws of the Russian Federation shall be deemed in force and can be changed by a new decision of the federal authority. The Government of the Russian Federation may revoke the decision of the federal authority or suspend its execution. (As amended by federal law from 25.05.2000 N 70-FZ)
4. As a collegial deliberative body creates an Interagency Council on cultural property displaced as a result of the second world war. Chairman of the Inter-Ministerial Council on issues of cultural property displaced as a result of World War II, is the head of the federal authority.
Article 17. Petitions and claims of cultural institutions concerning the displaced cultural treasures and return their property concerning cultural institution may apply to the federal body motions for certain cultural property displaced in compensation for the damage suffered by the cultural institution as a result of looting and (or) destruction of its property by the troops of the former enemy States, as well as a claim against the distribution of such property. The order of consideration of the motions and claims shall be determined by the regulation approved by the Government of the Russian Federation.
The establishment of culture may also contact the federal body with claims for the return of his cultural values, unnecessarily transferred to another cultural institution.
Article 18. Claims of foreign States to the displaced cultural treasures

1. claims on displaced cultural property listed in subparagraphs 1, 2 and 3 of article 8 hereof, may be claimed by the Government of the State, saying the claim on these values, only the Government of the Russian Federation; the claims of individuals and legal entities, municipalities, public and other organizations and associations will not be accepted. The claim is submitted to the Government of the Russian Federation the Government of the State, saying the claim in the official language of the Russian Federation. (As amended by federal law from 25.05.2000 N 70-FZ)
2. transfer the State attributed claim moved cultural value with unique character, particularly important historical, artistic, scientific or other cultural value shall be carried out on the basis of the Federal law. Draft federal law on the transmission of cultural values moved entered into the State Duma of the Federal Assembly of the Russian Federation the Government of the Russian Federation with the consent of the body of State power of constituent entities of the Russian Federation in the territory of which the regional cultural institution, exercising operational control of this cultural value. The criteria and procedure for rating of displaced cultural valuables to the cultural values that have a unique character, a particularly important historical, artistic, scientific or other cultural value or cultural values with no character and value, were approved by the Government of the Russian Federation. Transfer of State attributed the claim moved cultural value that does not have a unique character, a particularly important historical, artistic, scientific or other cultural value, is done on the basis of regulations issued by the Government of the Russian Federation, after agreeing with the organ of State power of constituent entities of the Russian Federation in the territory of which the regional cultural institution, exercising operational control of this cultural value, as well as after notification of the Chambers of the Federal Assembly of the Russian Federation. Decree of the Government of the Russian Federation shall enter into force on the day of its official publication. (As amended by federal law from 25.05.2000 N 70-FZ)
3. Without taking appropriate federal law or regulation of the Government of the Russian Federation moved cultural value could not be the subject of a transfer, donation, Exchange or any other disposition in favour of any of the States, organizations or individuals. (As amended by federal law from 25.05.2000 N 70-FZ)
4. the transmission of cultural values, moved is the subject of the claim, the State attributed claim, carried the State reimbursement of expenses for its identification, inspection, storage, restoration, as well as its transmission costs (transport and other).
5. On the basis of federal law or decision of the Government of the Russian Federation on the transfer of cultural property displaced federal authority instructs the institution of culture, which is in the operational management moved cultural value, which is the subject of the claim, conclude with the Organization (institution or individual) responsible for the Government of the State, saying the claim, a contract under which reimbursement shall be made under paragraph 4 of this article, and the actual transfer value (relics). (As amended by federal law from 25.05.2000 N 70-FZ) Original transfer Act moved cultural value is recorded and stored in federal authority and copies of an Act are kept in the establishment of culture and from interested parties.
Article 19. Motions relating to family relics 1. Motions relating to displaced cultural property representing the family heirlooms, as defined in article 12 hereof, may be filed with the appropriate powers of the representatives of the families that previously owned these values (relics), the federal body.
2. If a petition subject to the satisfaction of the federal authority takes a decision on the transfer of family heirlooms, is the subject of the petition, the family, which it had previously belonged, subject to payment of its value, as well as reimbursement for its identification, inspection, storage, restoration and transfer costs (transport and other).
3. Cultural institution in the operational management of which is moved cultural value, which is the subject of the petition concludes on the basis of the orders of the federal authority with appropriate powers of representative families, which previously belonged to the cultural object (relic), a contract under which payment shall be made in cost, reimbursement, provided for in paragraph 2 of this article, and the actual transfer value (relics).
The original of the transfer Act moved cultural value (relics) is registered and stored in the federal body, and copies of an Act are kept in the establishment of culture and from interested parties.

Article 20. Displaced cultural valuables in cultural institutions on subjects of the Russian Federation or municipal cultural institutions until expiration date for claims of foreign States on displaced cultural valuables as defined in articles 9 and 10 of this federal law, those of the 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 law shall be considered as federal property. Redeployment of displaced cultural property between the federal cultural institutions, cultural institutions of constituent entities of the Russian Federation or municipal cultural institutions before the expiry of these periods is not allowed. (As amended by federal law from 25.05.2000 N 70-FZ), Article 21. Liability for violation of this federal law, those responsible for violations of this federal law, bear administrative, civil and criminal liability in accordance with the legislation of the Russian Federation.
Chapter v. the PRESENT FEDERAL LAW and international treaties of the Russian Federation, article 22. International treaties of the Russian Federation concluded in order to achieve the purposes of this federal law, the Russian Federation will conclude international treaties to facilitate achievement of the purposes of this federal law, including treaties: on the settlement of issues related to the reimbursement of the Russian Federation and its cultural institutions on conservation and rehabilitation of displaced cultural treasures that have been transferred to foreign countries in vnedogovornom order, or by not providing for such reparation treaties concluded by the Government of the USSR or the Russian Government, other Governments before the entry into force of this federal law;
on equivalent exchange of displaced cultural property cultural property of the Russian Federation outside the territory of the Russian Federation;
on the promotion of the cultural institutions of the Russian Federation in cooperation with cultural institutions of other States on exchanging displaced cultural property cultural property exported from the territory of the Russian Federation at different times legally, as well as the redemption of such property;
on Government guarantees to ensure the host State the safety and integrity of cultural property displaced during their demonstration in artistic salons, at overseas exhibitions and other exhibitions;
on returning to the Russian Federation of its cultural property, looted and illegally exported from the territory of Soviet Union occupation forces of former enemy States.
Article 23. Ratification of international treaties of the Russian Federation relating to the cultural heritage of the Russian Federation, international treaties of the Russian Federation concerning the displaced cultural property, as well as any other international agreements of the Russian Federation concerning its cultural heritage, subject to ratification.
CHAPTER VI. Final clauses article 24. The entry into force of this federal law this federal law shall enter into force on the day of its official publication.
Article 25. Bringing of normative legal acts in accordance with this federal law to propose to the President of the Russian Federation and to entrust the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow April 15, 1998, N 64-FZ