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Legal mechanisms of repatriation of cultural values ​​exported from Ukraine

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Письменна Марія
Письменна Марія
Attorney
Ukraine / Kyiv

i

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Publication date: 22.05.2024

Lawyer

Today, Ukraine is actively working on the return of cultural values ​​that were illegally exported. The repatriation of such objects is an important part of preserving national heritage and restoring historical justice. For this, it is necessary to understand the legal mechanisms that can be used, as well as to involve the consultation of a lawyer specializing in these issues.

 

International legal norms


International legal acts are the basis for the return of cultural values. These include:

1970 UNESCO Convention on Measures to Prohibit and Prevent the Illicit Import, Export and Transfer of Ownership of Cultural Property. This convention obliges the participating states to return illegally exported valuables.
1995 UNIDROIT Convention on the International Return of Stolen or Illegally Removed Cultural Property. It clarifies return procedures and defines statutes of limitations for claims.

 

National legislation of Ukraine


For the effective repatriation of cultural assets, it is important to take into account national legislation. There are laws in Ukraine that regulate the preservation and return of cultural objects. Example:

Law of Ukraine "On Protection of Cultural Heritage". It determines the procedure for accounting and protection of cultural values.
The Criminal Code of Ukraine contains articles that provide for responsibility for the illegal export and sale of cultural values.
Legal return procedures
The repatriation process requires careful analysis of documents and cooperation with international organizations. Here are the main steps you need to take:

Identification and accounting of objects. Determining the origin of cultural values ​​and their identification is a primary task. This requires the involvement of experts and the use of modern technologies.
 

Legal opinion

 

For further actions, it is necessary to obtain a legal opinion of a lawyer, which will confirm the legitimacy of Ukraine's claims for the return of objects.
Judicial procedures. In case of refusal of voluntary return of cultural values, it is necessary to apply to the court. These can be both national courts and international bodies.
Cooperation with international organizations
The efficiency of the repatriation process is greatly increased thanks to cooperation with international organizations and institutions, such as Interpol, ICOMOS (International Council on Monuments and Landmarks) and others. These organizations have the resources and capabilities to locate and recover stolen valuables.

 

Consultation of a lawyer
 

An important aspect of repatriation is the consultation of a lawyer with experience in international law and the preservation of cultural heritage. A professional lawyer can provide valuable advice on the preparation of necessary documents, as well as represent the interests of Ukraine in international judicial bodies.

 

Conclusions
 

Repatriation of cultural values ​​exported from Ukraine is a complex and multifaceted process that requires careful analysis of documents and legal support. International legal norms and national legislation of Ukraine provide a legal basis for the return of such objects. Engaging an experienced lawyer who can provide qualified advice and prepare a legal opinion is an integral part of a successful repatriation.

Therefore, the preservation of cultural heritage and the return of lost values ​​is not only a matter of national pride, but also a complex legal process that requires a high level of professionalism and international cooperation.

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