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Certification of cultural property. A real prospect or trolling art-рынка?
ARTinvestment.RU   28 января 2016

In the working group of the Committee on property to discuss the draft law "On circulation of cultural property in the Russian Federation", envisaging a radical change of rules of work on the art market

On the development of the draft law "On circulation of cultural property in the Russian Federation", as well as on the drafting of "National standard examination of cultural values" we are also, surprisingly, learned from the Newspapers. More precisely, from TASS, discussion on the forum ARTinvestment.RU and on the website of the party "Fair Russia".

If you hesitate to invite, in vain. "ARTinvestment" as an active member of the art-рынка, just have something to say and something to warn you.

While it is known the following. December 9, 2015 reported that the Deputy of the faction "Fair Russia" Oganes Oganyan held a meeting of the working group under the Committee on property devoted to the discussion of the draft law "On circulation of cultural property in the Russian Federation".

Deputy head of the working group on the drafting of the law, the President of the Eurasian Chamber of the national cultural values Alexander Speidel was reported that "the new bill aims to streamline the Russian art-рынок: on the one hand, we are talking about certification of works of art, with another — about the specific regulations of both the expertise and actions of experts that will free the market from fakes". According to Alexander Suadela, a passport will be required when transactions-продажи and inheritance, for the issuance of the subject exhibitions and simplify import and export: customs officers will scan your passport, quickly find a thing in the registry and to put the corresponding mark.

the Texts of these projects, I was not able to find any on the website of the Duma neither on the website of Rosstandart (the national standard examination for cultural values develops the Technical Committee No. 134 in Forensic examinations). It's a shame, given that the law developers are going to submit for consideration to the Duma in February. But as soon as the text of the draft law posted on the forum, we will discuss his article in to available edition.

of the possible effects of adoption of the proposed law, we, as one of the members of the art-рынка, primarily interested in the answers to the following questions:

1. Will rise if the costs of the owners in the sale?

2. Will rise if the buyers costs?

3. Will the examination more than it is now?

4. Will increase the administrative burden on business in the arts?

5. Will the vulnerable position of collectors in the light of the introduction of a luxury tax?

Alas, all these questions we get a "Yes" answer. Let's start with the most interesting paragraph:

Article 8. Deals with cultural values.

1. Deals with cultural property are committed in notarial form.

2. Deals with cultural property shall be permitted, provided that this cultural value is in the unified register of cultural property.

3. A deal made with cultural value, failure to comply with the conditions specified in parts 1 and 2 of this article, is repealed.

Review AI: the Article in such a formulation implies that the collector is not touching right up until just his picture hanging in his house. When he's ready to sell it — may prepares a lot of money and a lot of time. He will need to pay for the examination, passport and chip and notary fees. Otherwise the transaction will be void. Today nothing is needed. The auction accepts without examination — and health. Don't want chip and passport — yeah, okay. And so the notary sitting at the auction, not only will cost the organizers a pretty penny, but you'll scare away half the customers. Conclusion: this item dramatically worsens the conditions of the transaction for sellers — as private buyers and auctions and other market participants.

Article 8. Deals with cultural values.

4. After the transaction with cultural value, the new owner is obliged in time not later than fifteen days from the date of the transaction to contact the operator of the registry of cultural values to make the corresponding changes to the registry; necessary changes are made in the passport of cultural values.

Review AI: This item significantly worsens the conditions of the transaction for buyers. Changes to passport and register of cultural property — is a waste of time, most likely, additional costs to this procedure and breach of confidentiality. Collectors fear that once the luxury tax will reach them. So voluntarily "registering" no one will, that is, the requirement of a new law about inclusion in the register to be sabotaged.

Article 5. Certification of cultural property.

1. Certification of cultural property includes the examination of cultural values (hereinafter also referred to as expertise) and passport cultural values in accordance with the provisions of this Federal law.

2. Certification of cultural property is carried out voluntarily prior to the inclusion of cultural values into circulation.

6. On the basis of the passport of cultural values according to its owner will be given a unique chip that contains information about cultural values and its owner in electronic form.

Review AI: Not to pay for the passport, and therefore, for the examination, only those who hold the paintings on the wall, not giving and not selling. Are there many such? Units. You would pay all how much-то active collectors. And pay a lot. For example, you want to sell the figure for 30 000 — sure to order a comprehensive examination of approximately 30 000, and then another, and the passport above. The majority of transactions under such circumstances will fade into the background. Not even in shadow and darkness, complete darkness.

Article 6. The examination of cultural values.

7. Finally, the results of the examination of cultural goods (expert opinion) must, in particular, contain:

2) information about the possessor of a cultural object;

7) description of methodology of examination, allowing to check the reliability of the conclusions contained in the expert opinion;

Article 13. Ensuring property liability of the SRO of experts on cultural values.

2. The compensation Fund is formed exclusively in the monetary form at the expense of contributions of members of self-regulatory organization of experts in the amount of not less than ten thousand rubles in respect of each member.

Review AI Of Article 6 should be that the law compels the experts to join an SRO (now assessors), required to pay contributions to buy insurance. It's not pointless. But their new costs, experts will pass on to whom? Right, on to consumers. The need to indicate in the expert opinion of the owner info — is nonsense. The developers most likely got carried away. It's not done. In practice, once issued on a painting expert opinion is usually applied to the work at each resale. It certifies no ownership, and authenticity. And to indicate in this paper, is the owner of absolutely nowhere. Unless the owner of such level to become a decoration provenance.

finally, item 7-7 article 6, which obliges to include in the expert report a description of the methodology. It is also information not for prying eyes, the experts will to resist. And consumers don't want it. Sellers and buyers only important decision about the authenticity and the accuracy in the description of work (size and technique were entered correctly, for example). And more important the ability to quickly and reliably check, whether you have had such examination or paper is false. This problem does not affect.

What happens to the circle? If for a moment imagine that tomorrow the law is passed in its current form, then the next day 95 % of the art market will go into the shadows. Where it does not need notaries, passports and registries. The project has some useful stuff — for example, we also advocate for the insurance of expert opinions. But it is obvious that in its main provisions, the project creates an additional burden on business and owners of paintings in an extremely inappropriate for this historic moment. The load is huge. The government, at least in words comes up with ways to save the business from unnecessary costs and formalities. On the day that's just round seal cancelled, and tomorrow, by the whole certification enter? Personally, I don't believe it. But the risk is there. Why? Because the draft law was consistent with another bright state last time — namely, to take control of all areas: to prohibit, control, regulate, made to report, to create additional tax base, to deprive of anonymity. In the bill it's all there, and the authorities will like this. But even in such conditions, my prediction is this: under the current approach, all be launched on the brakes: the draft law and the draft associated nestandarta examination. To people need now, as said Raikin, magse. Magsi and thinner.

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