The law on the import and export of cultural property was adopted for good intentions. Russia needs to preserve its multinational heritage, protect it from illegal intrigues by intruders. The legislator does not prevent the acquaintance of peoples with artistic values, works of art of friendly states, and promotes international cooperation in this field. The law on the import and export of cultural property regulates the development of moral, aesthetic relationships between countries at the legislative level. The spread of national traditions with historical and cultural significance allows people living on different continents to learn more about each other.
Rules and documentary support
The law on the import and export of cultural property allows the state to control the circulation of expensive and specific material. In Russia, everything is allowed within reasonable limits. For transportation of art paintings across the border to inserts abroad, museum administrations draw up permits in advance at Rosokhrankultura. Accept paintings and works of art in agreement between the parties with documentary evidence. The application procedure. According to the law on the import and export of cultural property, a documentary package is attached to the application from legal entities or individuals:
- the list of transported items, if there are more than 2 pieces, in 3 copies;
- color photographs of each subject (archival documents, print media, philately, bonistics, faleristics - do not photograph);
- certified copies of certificates of ownership;
- valuation sheet;
- applicant's identity card.
All listed items will pass the state examination. Based on the expert opinion and the RF law on the import and export of cultural property, the Rosokhrankultura body will make a decision. If a refusal follows, the applicant shall be notified in writing.
What items are restricted?
The Law on the Import and Export of Cultural Property 4804-1 in Article No. 6 approved the elements of relevance to the country. The examination will give a conclusion on national importance when crossing the border:
- objects of art;
- print media;
- archival manuscripts.
It is impossible to transport without permission:
- philately;
- phylum;
- philocarty;
- numismatics;
- bonistics;
- minerals;
- uniforms, equipment.
There is a restriction on transportation beyond state borders:
- historically instructed weapons;
- technical devices, equipment;
- devices and tools;
- vintage awards.
The law on the import and export of cultural property of the Russian Federation allows citizens to carry out the procedure if there is a certificate confirming such a right. The form of the document was approved by the Government in Decree No. 322 of 2001.
What is the ban on?
The law on the import and export of cultural property from Russia does not allow the following subjects to leave its territory:
- historical, artistic, scientific significance, if the current legislation considers them to be valuable objects, the national heritage of the Russian Federation, regardless of the period of production;
- from the state conservation list, registry;
- from a museum, archive, library - any public repository;
- works made at least a century ago.
The legislative regulation applies to the transportation of valuable items even for persons with diplomatic status.
What rules are obeyed?
The Law on the Import and Export of Cultural Property 4804-1 dated 15. 04. 93, in addition to the list provided, indicates the need for proper transportation. It complies with the Customs Code.
For individuals provided:
- the import of personal items weighing not more than 50 kg and an amount of up to 1,500 euros is exempted from customs duties if they are declared and registered;
- declarations are filled out on special forms when crossing the state border for baggage belonging to the Customs Union.
Subject to declaration if they are not accompanied by an individual, and they do not cross the boundaries of the vehicle. This requires an appeal to the customs authority in the region of which the applicant is located.
The registration is carried out by Rosokhrankultura, about which the customs officer is obliged to notify the declarant. It should be noted that all cultural objects that are temporarily brought to the territory of Russia under the program of cooperation with foreign museums, historical societies, are under the jurisdiction and protection of the country. For this, international treaties are drawn up in advance, the guarantee of which is the Constitution.
Fee payment
Depending on the cost of exported products, the amount of state duties is established. For instance:
- values created more than 50 years ago - 10% of the price of a thing;
- items made less than 50 years - 5% of the total cost;
- paleontologist's collection - 10% of its market value;
- minerals - 5%.
The state duty is not paid:
- the craftsmen with whom the products are made;
- diplomats and consuls.
Exemption from payment of customs duties shall be subject to items that are returned to the owner.
What does a legal act reveal?
The law on the import and export of cultural property briefly discloses the provisions of the following articles:
- No. 1 - indicates that all participants act in accordance with federal law.
- No. 2 - talks about the relationship of laws in all regions of Russia with uniform procedures in the customs area.
- No. 3 - shows the relation of the law to property.
- No. 4 - talks about the owners of cultural property and the obligation to comply with the law for persons in any status.
- No. 5 - decodes the terminology that is used in the act.
- No. 6 - lists items if they are subject to a legal act.
- No. 7 - categorizes valuable items.
- No. 8 - warns about modern souvenir products that are created in serial or mass production, they can be transported freely without special permission.
- No. 9 - shows the grounds for the ban on the transport of valuables.
- No. 10 - governs the return procedure.
The law on the import and export of cultural property, as amended by Federal Law No. 435, which entered into force on January 29, 2018, has been amended in relation to states that do not belong to the EEC members.
Board Functions
To help the authorized bodies create Councils, which are designed to regulate and preserve the cultural heritage and develop its international exchange. The structure of such departments included:
- members of government bodies belonging to power structures;
- employees of museums at all levels - state, municipal;
- representatives of private galleries and collectors;
- theater-goers and scientific communities.
The authorized body forms the Council; it also approves the regulation on its activities.
The main functions of this structure include:
- making recommendations on improving laws regarding the movement of cultural property;
- develop rules for certification of experts;
- consider appeals from interested organizations and individuals.
The safety of many objects that belong to the national treasure depends on a correctly conducted examination.
Objectives and basic requirements
Article 11 of the legislative act refers to the procedure for conducting an examination in order to identify:
- whether or not the item relates to cultural property;
- what is the significance of the things presented for the state;
- the authenticity and condition of the exhibits;
- the ratio of values to the EEC, to which the order of movement around the world is extended.
Examination is prescribed:
- authorized bodies;
- customs or law enforcement agencies;
- individuals or legal entities.
The state information resource is presented in a special register, it is posted on the official portal. This article does not provide for the distribution or impact of legal provisions on the scope of state museums, archives, libraries, repositories for the temporary importation and exportation of cultural supplies.
Who is given the right to export?
Any citizen can own property of various kinds. Even if the elements are of national importance, it is not prohibited to transport them:
- individuals and legal entities;
- legal owners of cultural works;
- authorized citizens to take action;
- authors and creators of cultural heritage;
- workers in economic sectors;
- residents regardless of registration.
Experts will give an opinion, and the commission on this basis will provide permission for export, if possible. Everyone can use cultural values to:
- Exhibitions;
- restoration;
- scientific research;
- theater, concert.
Obtaining permission from the competent authority will be the basis for customs to let an object cross the border. Temporary stay outside the Russian Federation of national rarities is allowed during the year. Violators of the law will face criminal or administrative prosecution. A forgetful citizen who has not indicated the product in the declaration can get away with a simple fine. If the customs officers pass on the proven fact of smuggling to the prosecutor, there will be a completely different level of responsibility. With full proof of guilt before the court, punishment is possible up to the Criminal Code under article 226.1.