of April 15, 1998 No. 64-FZ
About the cultural values moved to USSR as a result of World War II and which are in the territory of the Russian Federation
Accepted by the State Duma on February 5, 1997
Approved by the Federation Council on March 5, 1997
This Federal Law governs the relations connected with the cultural values moved to USSR as a result of World War II and which are in the territory of the Russian Federation.
Main objectives of this Federal Law are:
protection of the specified cultural values against plundering, prevention of their illegal export out of limits of the Russian Federation, and also illegal transfer to somebody;
creation of necessary legal conditions for the real address of the specified cultural values on partial compensation of the damage caused to cultural property of the Russian Federation as a result of plunder and destruction of its cultural values by Germany and its military allies during World War II;
ensuring interests of the Russian Federation in case of settlement with foreign states of the matters of argument concerning the specified cultural values on the basis of consecutive respect for the principle of reciprocity;
provision of opportunity for acquaintance with the specified cultural values to citizens of the Russian Federation and foreign citizens, including specialists in the field of education, science and culture;
creating favorable conditions for further development of international cooperation in the field of education, science and culture.
The legislation of the Russian Federation on the cultural values moved to USSR as a result of World War II and which are in the territory of the Russian Federation consists of this Federal Law and other published according to the Constitution of the Russian Federation and this Federal Law of legal acts.
This Federal Law is based on international legal and other acts which are adopted during the period and after the end of World War II and keep the action for the property relations which arose owing to these acts: Peace treaties of 1947, acts adopted on the basis of the rights and supremacy of the occupational authorities in Germany in 1945-1949, the Public agreement about recovery of independent and democratic Austria of May 15, 1955, the Agreement on final settlement concerning Germany of September 12, 1990 and also on provisions of Article 107 of Articles of organization of the United Nations and the Declaration of the United Nations of January 5, 1943.
This Federal Law is effective concerning the moved cultural values determined in article 4 of this Federal Law irrespective of in whose actual possession they are.
For the purposes of this Federal Law the following basic concepts are used:
the restitution - type of the material international legal responsibility of the state which committed act of aggression or other international and illegal act, consisting in obligation of this state to eliminate or reduce the material damage caused to other state by recovery of former condition, in particular by return of the property plundered and illegally exported by it from the territory of other state occupied by its troops;
the compensatory restitution - type of the material international legal responsibility of the state aggressor applied in cases if implementation of responsibility of this state in the form of regular restitution is impossible, and consisting in obligation of this state to compensate the material damage caused to other state by transfer to the injured state (or by withdrawal by the injured state in own favor) objects of the same sort, as plundered and illegally exported by the state aggressor from the territory of the injured state;
cultural values - the property of religious or secular nature having historical, art, scientific or other cultural value: works of art, books, manuscripts, incunabulums, the archive materials, components and fragments of architectural, historical, art monuments, and also monuments of monumental art and other categories of objects determined in article 7 of the Law of the Russian Federation "About export and import of cultural values";
the moved cultural values - the cultural values moved to implementation of compensatory restitution from the territories of Germany and its former military allies - Bulgaria, Hungary, Italy, Romania and Finland on the territory of USSR according to orders of military command of the Soviet Army, Soviet military authorities in Germany, orders of other competent authorities of USSR and being now in the territory of the Russian Federation;
the former enemy states - Germany and allied with it during World War II of the state - Bulgaria, Hungary, Italy, Romania and Finland;
property of the former enemy states - property state, private, municipal, public and other organizations and associations in the former enemy states;
the interested states - the states (except for the Russian Federation and the states specified in article 7 of this Federal Law) which territories were fully or partially occupied by troops of the former enemy states;
property of the interested states - property state, private, municipal, public and other organizations and associations in the interested states;
cultural institutions - Russian state (including departmental) and the municipal museums, archives, libraries and other scientific, educational, spectacular and educational companies, organizations and the organizations performing the activities in the field of education, sciences and cultures.
The cultural values which were in the value specified in article 4 of this Federal Law, property of the former enemy states are part of the moved cultural values from the point of view of their former state accessory.
1. All moved cultural values imported into USSR in implementation of its right to compensatory restitution and which are in the territory of the Russian Federation behind the exceptions provided by articles 7 and 8 of this Federal Law are property of the Russian Federation and are in federal property.
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