Publication date: 04.06.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Theft of cultural property is a serious threat to the national heritage of any country. These crimes not only cause material damage but also undermine the cultural identity of the nation. In this article, we will look at the legislative protection of cultural property in Ukraine, as well as the importance of international cooperation in combating this type of theft.
Legislative protection of cultural property
Definition of cultural property
Cultural property includes objects of art, ancient artefacts, religious objects, architectural monuments, manuscripts and other objects of historical, artistic or scientific value. In Ukraine, the protection of cultural property is regulated by a number of laws, among which the Criminal Code of Ukraine plays a special role.
Legislative acts
- The Criminal Code of Ukraine (CCU). According to Article 185 of the CCU, theft is defined as the secret theft of another's property, including cultural property. However, given the special value of such objects, the legislation provides for additional sanctions for crimes related to the theft of cultural property.
- The Law of Ukraine ‘On Protection of Cultural Heritage’. This law establishes the legal framework for the protection, preservation, use and restoration of cultural heritage sites, including measures to combat illicit trafficking in cultural property.
- Customs Code of Ukraine. Regulates the export and import of cultural property, including procedures for preventing the illegal export of cultural objects abroad.
International cooperation
The role of international organisations
International organisations play a key role in combating the theft of cultural property. One of the leading organisations in this area is UNESCO (United Nations Educational, Scientific and Cultural Organisation), which actively promotes the protection of cultural heritage through conventions and programmes.
- UNESCO Convention of 1970. This convention aims to prevent the illicit export and transfer of ownership of cultural property. It sets international standards for combating trafficking in cultural property.
- Interpol: Interpol provides support in the identification and recovery of stolen cultural property through its database of stolen artworks and cooperation with national law enforcement agencies.
Bilateral agreements
Ukraine actively cooperates with other countries at the bilateral level to prevent the theft of cultural property. This includes information exchange, joint investigations and participation in international operations to recover stolen objects.
- Cooperation agreements. Ukraine has concluded agreements with many countries that provide for joint measures to protect cultural heritage and combat illicit trafficking in cultural property.
- Joint operations. National law enforcement agencies cooperate with international partners in conducting operations to identify and recover stolen cultural objects.
Court practice
Court practice in cases of theft of cultural property demonstrates the seriousness of the approach to these crimes and the importance of interagency and international cooperation.
Examples of court decisions
- Theft of icons from a church. In one case, a group of criminals stole ancient icons from a church. The court found them guilty under Article 185 of the Criminal Code and imposed severe penalties, including long prison terms and fines.
- Illegal export of archaeological artefacts. In another case, the defendants attempted to illegally export archaeological artefacts abroad. The court ordered them to return the artefacts and pay substantial fines.
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Conclusion
The theft of cultural property is a serious problem that requires a comprehensive approach to address. Legislative protection in Ukraine, combined with international cooperation, creates the basis for an effective fight against these crimes. It is important to constantly improve legislation, expand international cooperation and raise public awareness of the importance of preserving cultural heritage. Joint efforts of the state, NGOs and international partners can significantly reduce the level of theft of cultural property and ensure the preservation of the national heritage for future generations.
