ARTinvestment.RU Statistics
23.05.2012
Russian artists 8056
Paintings, sculptures, antiques 124234
Results of Auction Sales 137723
Investment Risk Indicators 7556

en






ARTinvestment.RU English / Investing in art / Art Economy & Law

About the smuggling of cultural property

ARTinvestment.RU – 16.07.2008,06:57

Supreme Court clarified the issues of qualifications of the smuggling, including on the responsibility for the illegal movement across borders of cultural values.

Resolution number 6 on 27.05.08 Plenum of the RF Armed Forces, in particular, to distinguish between criminal and administrative offenses. Russian Armed Forces recalled that unlike the law in the area of customs, for which the responsibility of the Administrative Code of the Russian Federation, the criminal liability under Art. 188 Criminal Code is:

  • with the illegal movement across the customs border of the Russian Federation of goods or other items in large quantities (more than 250 thousand rubles). In determining the amount of contraband pravoprimenitelyam ordered to proceed from the state controlled prices for goods or mount it on the basis of the actual (market) value of the goods at the time of the crime. If such information on the price of goods does not, its value can be set based on expert opinion;
  • if the illegal movement of goods or other items carried in addition to or with concealment from customs control or with the fraudulent use of documents, means of customs identification or involve nedeklarirovaniem or inaccurate declaration;
  • in the illicit movement of cultural property against which the movement of special rules, regardless of their value or quantity. It is important to the movement of cultural property took place in addition to or with concealment from customs control or with the fraudulent use of documents or means of customs identification, or was associated with nedeklarirovaniem or inaccurate declaration.

Under movement in addition to customs control should be understood as any intentional act on the import /export of goods and other items outside of checkpoints across the state border of Russia, outside the locations of offices, customs, whatever the time of their or work without permission of the customs authority, if an international treaty to Russia, or federal law does not provide free movement of goods without customs control.

concealment from customs control - that any action designed to impede the discovery of the goods or to conceal their true nature, quantity. For example, when under the guise of a product is imported or when using other caches specially constructed or adapted for smuggling. These caches are located in items like luggage, clothing, and fitted in vehicles. Concealment from customs control is also the concealment of contraband in body cavities.

Under fraudulent use of documents or means of customs identification refers to:

  • presentation of customs authorities as grounds or conditions for the movement of goods, of deliberately falsified documents or documents obtained by illegal means, or on other goods and other documents that have no legal effect;
  • use of false customs seals, stamps, labels, stamps and other means of identification (listed in Art. 83 of the Customs Code ) or authentic means of identification belonging to other products.

Nedeklarirovanie - if the declaration of willful undeclared (eg, customs declaration) information necessary to decide whether to release the goods subject to declaration and transport facilities, placing them under the customs regime chosen, calculating and levying of customs duties.

false declaration - a declaration of false information about goods and vehicles, the customs regime, etc.

Consider a criminal case brought by 2 of Art. 188 Criminal Code in respect of the citizen, who has stated in the Declaration moved from Russia to Ukraine ecclesiastical items, medals XIX - XX centuries and coins XVIII - XX centuries. According to the sentence the district court that a citizen was found guilty of smuggling, convicted, and cultural treasures were confiscated and turned to the state.

cassation found no reason to cancel or change the sentence. In the supervisory complaint convict asked to cancel court decisions, arguing that his actions were not criminal, because, first, limiting the export of cultural property refers only to objects created by more than a hundred years ago, and, secondly, the value of exported goods should not exceed 10 thousand dollars, and to conclude examination of the historical value of items carried by them does not exceed U.S. $ 500. Supervising authorities rejected these arguments, stating that the monetary valuation of illegally moving objects is important when the responsibility for Part 1, Article. 188 Criminal Code, while the citizen was «sentenced to 2 of Art. 188 Criminal Code - for smuggling of cultural values that do not require evaluation for which the legislator has introduced a special procedure for movement with respect to their quantitative and qualitative indicators » 1 .

But the verdict was all the same changes. In the case there was no information as to the sentence was not indicated that cultural property seized from the convicted, are instrumentalities of crime and were obtained by criminal means. The Bureau of Probation oblsuda decided to return cultural property as not subject to forfeiture.

Separately, the Supreme Council considered the issues of trafficking in cultural property, for which special rules are transported across the customs border of the Russian Federation. The Court emphasized that those are the only movable objects of artistic, historical and archaeological heritage of the peoples of Russia, referred to the Law on Export and Import of Cultural Property. It also included, and cultural values that are not subject to removal. Their list of installed art. 9 of the Act.

In the cases of smuggling of cultural property to the courts ordered to keep in mind that the reason for the badge of these values across the customs border of the Russian Federation is a certificate issued by a decision of the authorized federal body. The question of supplies of goods or other items illegally transported across the customs border, the category of cultural property should be subject to expert opinion and in accordance with federal law for the protection of cultural heritage sites and monitoring their import /export. It should also be taken into account that claimed to export, temporary export, as well as the return after a temporary export of cultural property are subject to mandatory review. This examination should be carried out by specialists of museums, archives, libraries, restoration and research organizations and other professionals authorized to implement such activities in accordance with the Regulations on the conduct of examination and monitoring of the export of cultural property.

Russian Armed Forces recalled that the meaning of art. 5 of the Law on Export and Import of Cultural Property to allow export of such values (movement of any person for any purpose through the customs border with the obligation to return import to the deadline). Dereliction of duty to return to the territory of the Russian cultural values that constitute the artistic, historical and archaeological heritage of the peoples of Russia and foreign countries, smuggling is not (because cultural values are exported legally), but other forms of crime under Art. 190 Criminal Code.

Elena Pokidova, Attorney

Source: ARTinvestment.RU

1 Resolution of the Presidium of the Kursk regional court on 07.02.07. Return




0
Нравится

ARTinvesment.RU в Facebook


URL:
http://artinvestment.ru/en/invest/law/20080716_smuggling_of_cultural_property.html
http://artinvestment.ru/invest/law/20080716_smuggling_of_cultural_property.html
While quoting the reference to http://artinvestment.ru is required




Recommend to visitARTinvestment.RU RSS –

   Auctions:

Lots of upcoming auctions


   Exhibition:

New ArticlesARTinvestment.RU RSS –

Shishkin Theatre
28.03.2012,11:37

March 24 Leonid Shishkin Gallery held an auction, "Theatre and an artist." Let's talk briefly about the results of the auction

Russian art market. Some of the opening at the tip of the pen
27.03.2012,16:25

Relying on its own, the largest, segment of the base of the Russian art ARTinvestment.RU shares the results of their measurements of the auction market and separately - in terms of assumptions of gallery market in Russia

Paintings and Drawings at the auction "Kabinet 'March 17
19.03.2012,17:56

20 million. 52%sold

Shovel. Auction № 128 "Russian and Western European Art XVIII - XX centuries" on March 13. Chapter Summary
15.03.2012,14:35

Positive estimates and projections XXXII after the Antique Salon wanted to hear everything, but that's to put them under his signature was not wanting. After the first open bidding shelf realists, hopefully, come

Artists of the week: "gazanevtsy"
13.03.2012,16:59

For the first time as an "artist of the week" we have chosen not one, but a group of representatives of unofficial art in Leningrad in 1960-90s

XXXII Russian Antique Salon, Spring 2012. Chapter Summary
13.03.2012,09:45

"Good thing, adequate price - guaranteed sale"

Charity auction at the Gelman Gallery Winery
12.03.2012,17:39

March 15 at 19.30 in the open charity auction in support of the young art critic and curator Natalia Samkova

Interview with Andrey Stepanenko, Russian Auction House
12.03.2012,16:10

"It happens so that it is government involvement is a decisive argument." Director of the auction - the competition with London, the advantages of Moscow, about the fortunes and prospects

Art NewsARTinvestment.RU RSS – Art News

The Paris Biennale Antiques Art will hold a fair in Istanbul and Hong Kong
28.03.2012,17:23

This year's guest, "set designer" of the oldest art fair in France is the legendary designer Karl Lagerfeld

In the U.S., found two albums with photographs of valuables stolen by the Nazis
28.03.2012,15:48

Unique sources from archives staff Reichsleiter Rosenberg, engaged in works of art confiscations

The heirs of the wife of El Lissitzky require a court to give them back a picture of Paul Klee
28.03.2012,15:45

Grandchildren Sophie Lissitzky-Kyuppers for several years tried unsuccessfully to return to the restitution of Paul Klee painting, "The Legend of swamps" for two million euros. Now they have filed a lawsuit

Daniel Buren will present their work at the Grand Palais
27.03.2012,16:35

As part of the annual exhibition of installations by contemporary artists Monumenta in Paris Grand Palais will be shown by the French conceptual artist Daniel Buren

In Germany, the Nazis are looking for underground treasure
27.03.2012,15:44

In the Ore Mountains on the Czech-German border began the search for hundreds of works of art confiscated by the Nazis from Hungarian-Jewish industrialist in the years of war

In Italy, a gang of thieves exposed works of art
26.03.2012,16:49

Thieves robbed three wealthy Venetian villa, where they replaced the stolen paintings filled in photographs of the originals, and originals sold on the black market

The most popular exhibitions and museums around the world in 2011
26.03.2012,16:45

The Art Newspaper has published statistics on the most visited museums and exhibitions the world over the past year. At the top were the Escher Exhibition in Rio de Janeiro and Paris Louvre

Arts on TV channel "Russia By" ("Culture")
25.03.2012,07:05

ARTinvestment.RU documentary films and the transfer of art, which can be viewed on the TV channel "Russia By" ("Culture") next week

Museums in San Diego, presented a large collection of German expressionists and minimalists
24.03.2012,07:02

Art museums in San Diego a bequest collector Vance Condon got a collection of art, in which the works of Ellsworth Kelly, Oskar Kokoschka, Alexei von Jawlensky and Otto Dix, and many others

The sculptural portrait of Sviatoslav Richter in the Pushkin Museum. Pushkin
22.03.2012,11:02

Today at 17.00 will host the opening and donation to the Pushkin Museum. Pushkin's sculptural portrait of Sviatoslav Richter, the work of Ernst Unknown

Turkey demands the return of 18 artifacts from the collections of the Metropolitan Museum
21.03.2012,17:30

The Turkish authorities claim that 18 valuable items that are now in the permanent collection of the New York Metropolitan Museum, were taken to America illegally

Still life of a Dutch museum recognized the work of Van Gogh
21.03.2012,16:01

This has helped scientists to X-rays: a still-life was found recorded image of two boxers mentioned by Van Gogh in one of his letters to his brother Theo

News Archive

Exhibitions of works of artARTinvestment.RU RSS – Exhibitions of works of art

Russian battle-Art Gallery "Vellum"
29.03.2012,10:17

Today, the CHA opened the exhibition "From the Battle on the Ice to the First World War. The history of Russia in the works of Russian classics "

"Paris cube" in the CHA
28.03.2012,14:12

Today, the CHA opened the exhibition of works by artists from Hungary, Argentina, France, Netherlands and Japan, representing the direction of the MADI

"Hudgraf-2012" opens!
28.03.2012,13:30

Tonight at the Exhibition Hall "Manege" opens VII Graphic Arts Fair "Hudgraf 2012." The exposition will include drawing, pastel, watercolor, printmaking, photography

"Konstantin Korovin. Painting. Theatre "
28.03.2012,11:35

Today will be a press conference tomorrow at the State Tretyakov Gallery and Sculpture Park opens to the public exhibition of paintings and graphics by Konstantin Alekseevich Korovin, timed to coincide with the 150th anniversary of the biggest artist of t

"The eagle, calf and the lion" in GMIR
26.03.2012,13:58

Today at the State Museum of the History of Religion (St. Petersburg) opens the V All-Russian Exhibition of children's artwork, the final competition on the theme "The eagle, calf and the lion"

Helium Korzhev Gallery "Marichevich Fine Art"
23.03.2012,11:40

March 30 an exhibition of works from private collections

From the Battle on the Ice to the First World War. The history of Russia in the works of Russian classics
23.03.2012,10:47

March 29, 2012 - the Year of Russian history and the 770th anniversary of the Battle on the Ice - Gallery "Vellum" opens in the Central House of Artists exhibition of Russian painting and graphic battle

Konstantin Khudyakov, "The Art of High Definition"
22.03.2012,16:55

In the Arts hosts an exhibition of recent works by Konstantin Khudyakov

Vladislav Mikosha "The Time Machine. Color. 1930-1970-e "
22.03.2012,15:45

Today in the Zurab Tsereteli Gallery opens an exhibition of nearly 150 color photographs of Moscow, made in 1930 by Vladislav Mikosha-70s

Alexander Slyusarev "Retrospective"
22.03.2012,15:27

Today the Gallery Tsereteli in the 9 th International Month of Photography in Moscow "Biennale 2012" will open a retrospective of Alexander Slyusareva - symbolic figures of the Russian unofficial art photography

Roman Mikhailyuk "Hutsul"
22.03.2012,13:29

Today, Zurab Tsereteli Art Gallery as part of the 9th International Month of Photography in Moscow "Biennale 2012" presents an exhibition of Roman Mikhailuk "Hutsul"

Vladimir Beklemishev in the Russian Museum
22.03.2012,10:29

Exhibition of sculptures by Vladimir Beklemishev (1861-1919) in the SRM is dedicated to the 150th anniversary of the prominent sculptor and teacher, the successor to the traditions of realism

News Archive

Auctions of artARTinvestment.RU RSS – Auctions of art

Rare antiquarian books, manuscripts and autographs
28.03.2012,15:28

April 7 will be held the first auction houses antique books in Nikitsky

Cezanne's Watercolors for $ 20 million will be at the auction in May
27.03.2012,17:03

Sketch on paper, to the famous "players in the map", recently discovered in the collection of a Texas doctor put on the toga of Impressionist and Modern Christie's on May 1 in New York

Unknown portrait of Tamara de Lempicka appear at auction in May
27.03.2012,15:14

Portrait of a nude, 1925, whose whereabouts during most of the twentieth century it was known, will be auctioned in New York with an estimate of 5.3 million dollars

Museum of the Ohio auctioned Cindy Sherman photograph of 2.8-3.8 million
27.03.2012,12:35

The famous picture of Cindy Sherman "Untitled#96", another footprint which in May 2011 was auctioned off for 3.89 million dollars, will be at auction at Christie's in May of this with an estimate of 2.8-3.8 million

Art Market in 2011: results of the Year by the Tefaf
26.03.2012,12:55

Art Fair in Maastricht Tefaf conducted a study on the state of the art market

Auction of "The Artist and the Theatre" at the Gallery of Leonid Shishkin - tomorrow
23.03.2012,12:57

Tomorrow Leonid Shishkin Gallery held an auction dedicated to the art of theatrical set design in Russia, as well as artists whose work was closely connected with the theater

Self-portrait of Leonardo da Vinci be restored
22.03.2012,17:10

Italian scientists have come to the conclusion that the famous drawing by Leonardo, who is considered a self-portrait, is in urgent need of restoration

In April, Christie's to Auction valuable Russian enamels
22.03.2012,16:30

At the auction on April 16 in New York will offer customers a variety of subjects of Russian decorative and applied arts: silver, enamel, porcelain, bronze and so on.

Masonic relics of the "Gelos"
21.03.2012,17:10

March 30 at the auction of the month will be put up the banners of two Masonic lodges, sketches created by Russian artists

Does winning the Western painters East?
21.03.2012,15:48

What are the achievements of modern Western writers at the Asian auctions? Is that a lot of Western contemporary art sold at auction east and how much he paid?

Published indicators of investment risk for the trading Horta March 19, 2012
16.03.2012,15:26

Expert advice ARTinvestment.RU appropriated indicators of investment risk works included in the auction catalog Horta March 19, 2012

Published indicators of investment risk for the trading Millon & Associes March 16, 2012
15.03.2012,17:35

Expert advice ARTinvestment.RU appropriated indicators of investment risk works included in the auction catalog Millon & Associes March 16, 2012

News Archive

IndexDateVal.Ch.
▼25/041688.47-0.72%
▼19/052861.65-0.26%
Registration
ARTinvestment.RU -- Art News

 



  1. Mark Rothko : $ 86 , 9000000
  2. Kazimir Malevich : $ 60 million
  3. Wassily Kandinsky : $ 22,99 млн
  4. < a title = "Artist: Alexei Jawlensky. Painting: Shokko in wide-brimmed hat" href = "/invest/20080411_top12rus.html#04"> Alexei Jawlensky : £ 9,4 млн
  5. Chaim Soutine : £ 8,75 млн
  6. Marc Chagall : $ 16,3 млн
  7. Natalya Goncharova : £ 6,43 млн
  8. Nicolas de Stael : € 7 million
  9. Tamara de Lempicka : $ 8,48 млн
  10. Ilya Repin : £ 4,52 млн
  11. Basil Polenov : £ 4,07 млн ​​
  12. Konstantin Somov : £ 3,7 млн ​​
  13. Sonia Delaunay : € 4,59 млн
  14. Ivan Aivazovsky : £ 3,23 млн
  15. Ilya Kabakov : £ 2,932 млн
  16. Boris Kustodiev : £ 2,84 млн
  17. Alexander Yakovlev : £ 2,82 млн
  18. Vladimir Baranov-Rossini : £ 2,73 млн
  19. Arshile Gorky : $ 4,2 млн
  20. Vasily Vereshchagin : £ 2,28 млн
  21. Yuri Annenkov : £ 2,26 млн
  22. Mikhail Larionov : £ 2,26 млн

  1. Edvard Munch : $ 119,9 млн
  2. Pablo Picasso < /a>: $ 106,5 млн
  3. Alberto Giacometti $ 104.3 million
  4. Gustav Klimt : $ 87,936,000
  5. Mark Rothko : $ 86 9000000
  6. triptych by Francis Bacon : $ 86,281 млн
  7. Portrait of Dr. Vincent van Gogh : $ 82,500 million
  8. ​​Pond Claude Monet : $ 80,45 млн
  9. Pierre-Auguste Renoir : $ 78,100 million
  10. Peter Paul Rubens : $ 76,671 млн
    11. Andy Warhol : $ 71,720 million
  11. Paul Cezanne : $ 60,502 млн
    12. ->

  1. Jasper Johns : $ 28,6 млн
  2. Jeff Koons : £ 12,92 млн
  3. Gerhard Richter : $ 21,8 млн
  4. Damien Hirst : £ 10,3 млн
  5. Bruce Nauman : $ 9,9 млн
Top 9 World of sculptors
  1. Alberto Giacometti : $ 104,3 млн
  2. Amedeo Modigliani : $ 52,686 млн
  3. Henri Matisse : $ 48,803 млн
  4. Pablo Picasso : $ 29,161 млн
  5. Constantin Brancusi : $ 27,456 млн
  6. Jeff Koons : $ 25,783 млн
  7. David Smith : $ 23,816 млн
  8. Damien Hirst : $ 19,213 млн
  9. Auguste Rodin : $ 18,969 млн
artinvestment.ru/en
Tel.: +7 (495) 632-16-81
Copyright © artinvestment.ru/en, 2012
ARTinvestment.RU -- Инвестиции в искусство
Developed by e-logic, 2012