Theory and practice of intellectual property
№ 6 / 2018

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/62018.162528

Published      2018-12-26

Directive on the return of cultural objects illegally removed from the territory of Member States EU

Nadiia Fedorova
Ukraine

Abstract
The article explores the development of the legal mechanism for the export, importation and return of cultural property from Ukraine to the European Union. The mechanism of registration of the legal movement of historical and cultural monuments from the limits of the customs territory and to the territory of Ukraine is considered. The directive 93/7 EEC was adopted in order to simplify the process of returning cultural property to illegally exported from the territory of the EU member states. Ukraine is still a cultural mystery, a phenomenon in the international arena, therefore, there is a need to establish a perfect legal mechanism for the export, importation and return of cultural property illegally exported from the territory of an EU member state. The main principle of the Directive 93/7 EEC provides that the authorized bodies of the Member States adhere to the established procedure, which simplifies the procedure for returning cultural property. A member state of the EU is obliged at the request of another EU state to search for the corresponding cultural value and find out the identity of the owner. The purpose of Directive 93/7/EEC was to ensure the physical return of cultural objects to a Member State from whose territory the objects mentioned were illegally exported, regardless of property rights, applied to such objects. The scope of this Directive is to be extended to all cultural objects which a Member State classifies or defines in accordance with national law or administrative procedures as part of national treasures of artistic, historic or archaeological value. This Directive should therefore cover items of historical, paleontological, ethnographic, numismatic interest or scientific value, whether they belong to state or other collections, or whether they are separate objects, irrespective of the origin they are from planned or illegal excavations, provided that they have been classified or designated as national values. In addition, cultural objects classified or designated as national values should no longer fall into categories or meet the thresholds for their age and / or financial value in order to be returned in accordance with this Directive.

Keywords: cultural values, moving, export, import