Prosecutors said that the experts accredited by the Ministry of culture, understate the value exported at Sotheby's masterpieces, created conditions for illegal border crossing and allowed other violations

Spun with the fact that "Kommersant" has at its disposal the proposal of the Prosecutor General, which found that the Ministry of culture "turns a blind eye to abuse expert who understate the value of works of art, which leads to a shortfall in taxes on their sales" and "creates the conditions for illegal export of cultural values abroad".

the Insight of all descended after checking, which is initiated, according to Vladimir Medinsky, the Ministry of culture. The essence of claims of Prosecutor's office may be illustrated on one example.

• Georgy NISSKY Over the snow. 1964
  Oil on canvas. 87 × 165
  Source: artinvestment.ru
  Rating accredited expert of the Ministry of culture for export from Russia — 800 000
  Source: kommersant.ru
  Sale price 02.06.2014 at Sotheby's: $2 951 835
  Source: artinvestment.ru

Two years ago, in June 2014 at Sotheby's exhibited paintings masterpiece George of Nyssa "Over the snow" in 1964. The luxurious, Museum-quality thing of enormous size (more one and a half meters). Yes, and the provenance is impeccable — from the collection of the International Confederation of artists unions (the successor of the Union of artists of the USSR). It is not surprising that this work is three times higher than the estimate, almost three million dollars bought the banker Alexey Ananiev, and today, the picture of Nyssa rightly it decorates the Museum IRRI.

Sold. And then who is-то asked a question: "excuse me, but generally a masterpiece from the collection of the Confederation was on the Sotheby's?". Started digging and found (according to "Kommersant") about the following:

1. Work were taken by issuing a permit to itself as a private person, the head of the Confederation of the masut Fatkulin. The Prosecutor's office considered it a violation.

2. The export was allowed on technical grounds that the work at that time was 50 years, but rather, a little less if you took out earlier in 2014. Although he could, of course, to deny, given the outstanding cultural value.

3. To pay 5%-ной duties (that is, if the picture counted 49 years), the experts of the Ministry of culture now valued at 800,000 rubles. Unlike Sotheby's, which estimated it at more than $ 800,000 — is 35 times more expensive.

4. Likely to completely bring trouble to the Russian Ministry of culture, British Sotheby's sold the painting not for 800 000 rubles, and for 102 571 000 — in 128 times more expensive.

as a result, the Prosecutor General's office expressed outrage: "but where were you? Shame you have?". And the Ministry of culture, as in the movie, shrugged: "-за irishki, irishki Korobeynikovo. Violators are already dismissed".

Incidentally, it is strange that the dismissed. It would be interesting to know, for what exactly? For faulty moral character, or what? I think that issuing the permit, the experts were prudent enough not to bring their actions under the article. And fully admit that they acted strictly within the framework of the opportunities offered to them by the law.

And the law today, in fact, allows the experts to do the following:

1. To do the assessment for the calculation of export duties is free, in its sole discretion. Because the value of the work determines the expert accredited by the Ministry of culture, not a professional appraiser. Evaluates practically as you wish. Because a specialist accredited by the Ministry of culture, no need to confirm their assessment of reference of auction sales, to bring the method of valuation to compile a formal report. That is, he doesn't need to do all that is required of a normal professional valuers. Therefore, in some cases, it turns out: I want — 800 000, want — $ 800,000. All is one. And most likely, is not contrary to the law.

2. Do not rely on the Federal standard of cultural values. Because no standard no. Its design was developed in 2015, but vanished in the offices of the Ministry of economic development.

3. To neglect a number of details, including the exact dimensions, materials, technology, title, and authorship in the description of work for which the permit is issued. In theory all this should be in the examination. But it may not be. Because the examination is also no clear requirements, since national standard examination in our country is not developed.

4. Agree on the "n/x", even if not explicitly n/C, but in written examination: n/x.

5. To interpret the age produced works in a wide range. For example, if in the written examination 1910-е years, it's like? If 1918, less than 100 years, and the export can be allowed. But if the year 1915 and you used the object is not imported, then "adieu", because more than 100 years. Well, and to calculate fees — all the same: 49 years — 5 %, and 51 the year — is already 10 %.

This system still works. Although it allows too much subjective. Theoretically, this allows someone-то to overlook the problematic provisions and to interpret them in favour of the applicant of export. However, today more often the opposite — experts of the Ministry of culture reinsured. In particular, assess the items even more expensive than they were bought really. And age put rather at the lower end: if the written examination in 1910-е years, it almost certainly count as 1910-й, not 1917-й.

the Scandal with the export of the masterpieces of foreign trades may entail a number of consequences:

1. Leading international auctions (especially Sotheby's and Christie's) will be "under the hood müller". Lost duty — matter of national importance, so who is-то certainly will start to browse the auction catalogs, pay attention to the estimate and to distinguish 800 thousand from 800 thousand dollars.

2. Control will be enforced at the border with the risk of inconvenience to conscientious owners, with their hands on official documents. Where too increased vigilance, there is a high risk of "excesses" on the ground.

3. Taught by bitter experience, the experts accredited by the Ministry of culture, at the slightest doubt, will tend to overestimate the age and evaluation of works.

4. The scandal dies down, but at the level of all regulations will remain as it was. In particular, the Federal valuation standard and national standard examination taken in the coming years will not. Assessment for the purpose of export will not do the appraisers, and experts. And so you want the market base works, under investigation, did not appear. This opinion.

5. People who had taken things from "optimized" rating, but quite legally, will begin to seek access to informal channels.

all is not so bad. After all, the bad customs such scandals? The bad thing Stepanova? What is bad the Koch? Than a bad case of the same Fatkulina? Yes, the fact that new people just embarking on the path of collecting, looking at all this, think: "is it worth it to connect with Russian art? But if contacted, whether to buy in the country?" It can get really, what else.

There would be the opposite to do to forestall: do not tighten the nut, and to liberalize the import-вывоз to the maximum, increase transparency, clarify the regulations, to give people the opportunity to safely dispose of their property and through it to increase the attractiveness of the internal market art. So people are not afraid to sell and buy here.

Dreaming? Well, not without it, of course.

Vladimir Bogdanov, AI

Sources: kommersant.ru; mkrf.ru; forbes.ru