Comments on Article 190 of the Criminal Code of the Russian Federation 2019-2021 from leading lawyers

ST 190 of the Criminal Code of the Russian Federation.

Failure to return cultural property exported outside its borders to the territory of the Russian Federation within the prescribed period, if such return is mandatory in accordance with the legislation of the Russian Federation, is punishable by forced labor for a term of up to five years or imprisonment for a term of up to eight years with a fine of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years or without it.

Commentary to Art. 190 of the Criminal Code of the Russian Federation

Commentary edited by Esakova G.A.

1. The subject of the crime is cultural property, the list of which is given in Art. 6 – 8 of the Law of the Russian Federation of April 15, 1993 N 4804-1 “On the export and import of cultural property.”

2. Article 9 of the Law of the Russian Federation of April 15, 1993 N 4804-1 “On the export and import of cultural property” establishes a list of cultural property that is not subject to export from the Russian Federation under any conditions, as well as a list of cultural property that can be temporarily exported .

3. Temporary export of cultural property is carried out by museums, archives, libraries, other legal entities, as well as individuals for organizing exhibitions; for restoration work and scientific research; in connection with theatrical, concert and other artistic activities; in other necessary cases.

4. In Art. 190 of the Criminal Code establishes liability only for the failure to return cultural property exported legally, if such return is mandatory.

5. The crime is considered completed from the moment the period for which cultural property was exported outside Russia expires.

6. The subject of this crime may be the owner of cultural property, a person authorized by him for the temporary export of cultural property, an official or other representative of an organization authorized by it for the temporary export of objects of property of the peoples of Russia and foreign countries outside Russia, who are obliged in accordance with the law return cultural property within the prescribed period.

How to avoid becoming a victim of a scammer

Unfortunately, anyone can be a victim. There is no single way to avoid such a fate. Therefore, there are universal rules that must be followed:

Fraud is an intellectual crime. Therefore, the guarantee of your safety must be vigilance, a critical mind and common sense;
you should not trust strangers;
You should not provide information about yourself and your loved ones;
it is necessary to ask more questions, clarify details, analyze the information received;
do not make hasty decisions, since fraudsters very often commit crimes by influencing the human psyche;
You must contact law enforcement agencies to report fraud. One of our articles describes how to write a crime report to the police.

Provided by SendPulse

Commentary on Article 190 of the Criminal Code of the Russian Federation

Commentary edited by Rarog A.I.

1. The crime violates relations in the sphere of foreign economic activity of the Russian Federation.

2. The subject of the crime is objects of artistic, historical and archaeological property of the peoples of the Russian Federation and foreign countries. The Regulation “On Particularly Valuable Objects of the Cultural Heritage of the Peoples of the Russian Federation”, approved by Decree of the President of the Russian Federation of November 30, 1992 N 1487, classifies as such objects objects that represent material, intellectual and artistic values of a reference or unique nature from the point of view of history and archeology , culture, architecture, science and art, in any form of ownership.

Objects of the artistic heritage of the peoples of the Russian Federation and foreign countries are handmade paintings and drawings, icons, engravings, lithographs, works of decorative and applied art (glass, ceramics, wood, metal), monuments or their fragments, ancient books and manuscripts, postage stamps , ancient coins and other movable objects of the material world. Items of historical heritage are historical values associated with the development of society and the state, the history of science and technology, as well as those related to the life and work of outstanding personalities. The law considers objects and fragments obtained as a result of excavations to be objects of archaeological heritage (Articles 6 and 7 of the Law of the Russian Federation of April 15, 1993 N 4804-1 “On the export and import of cultural property”).

In the Russian Federation, the Unified State Register of Cultural Heritage is maintained as a unified information system, which includes a data bank. Each object is assigned a number, the category of historical and cultural heritage is determined, and the owner is issued a passport (Articles 15, 20, 21 of this Law).

Some particularly valuable sites are included in the World Heritage List established in accordance with the Convention Concerning the Protection of the World Cultural and Natural Heritage by the World Heritage Committee of the United Nations Educational, Scientific and Cultural Organization (UNESCO).

3. The crime is characterized by inaction - failure to return within the prescribed period the specified items, the export of which is prohibited. The export of such items is allowed only for a period of time, and the law establishes the procedure for their mandatory return. Temporary export is possible with the consent of the Ministry of Culture of the Russian Federation, the State Archive Service of Russia, the Federal Service for Supervision in the Sphere of Mass Communications, Communications and the Protection of Cultural Heritage, the Federal Customs Service and other executive authorities to the territory of a foreign state for the purpose of holding exhibitions, restoration or scientific- research works.

Failure to return these items means legally exporting and leaving these items on the territory of a foreign state after the end of the period stipulated by the contract, in the absence of objective circumstances preventing their return (military actions, natural disasters and other reasons). The crime is considered completed after the expiration of the period obligatory for the return of exported valuables, if there are real conditions for their return.

4. The crime is committed with direct intent.

5. The subject of the crime can be any private person or head of an organization responsible for the return of these valuables.

Let's summarize the topic of fraud:

Fraud in the Criminal Code of Ukraine is the illegal appropriation of someone else’s property or the acquisition of the right to it by deception or abuse of trust.
The main ways to commit fraud are deception and breach of trust. The result of such actions is the voluntary transfer by the victim of property or the right to it to the fraudster.
The amount of punishment depends on the presence or absence of qualifying features when it was committed.

Please share this article on social media!

How to punish for bodily injury of moderate severity, Article 122 Part 1 of the Criminal Code of Ukraine
How a victim is interrogated by an investigator
How is extortion of money punished under the Criminal Code of Ukraine?
What role does the victim's lawyer play in criminal proceedings?
What is detention as a measure of procedural coercion?
How to judge for unintentional and premeditated murder: Art. 115 KKU

Commentary on Article 190 of the Criminal Code of the Russian Federation

Commentary edited by A.V. Brilliantova

The object of the crime is the established procedure for the removal from the Russian Federation and the return to its territory of objects of artistic, historical and archaeological property of the peoples of the Russian Federation and foreign countries.

In order to preserve the cultural heritage of the peoples of the Russian Federation and foreign countries, current legislation provides for a special procedure for the export and import of cultural property, regardless of their form of ownership.

Cultural assets are understood as movable objects of the material world located on the territory of the Russian Federation, namely: created by citizens of the Russian Federation or foreign citizens and stateless persons living here; important for the Russian Federation; discovered on the territory of the Russian Federation; acquired by archaeological, ethnological and natural science expeditions or obtained as a result of voluntary exchanges; received as a gift or legally acquired with the consent of the competent authorities of the country where the property originates.

The subject of the crime is the cultural values of the artistic, historical and archaeological heritage of the peoples of the Russian Federation and foreign countries. In Art. 7 of the Law of the Russian Federation of April 15, 1993 N 4804-1 “On the export and import of cultural property” provides for the following categories of items falling under its scope:

a) historical values, including those related to historical events in the life of peoples, the development of society and the state, the history of science and technology, as well as those related to the life and work of outstanding personalities (state, political, public figures, thinkers, scientists, literature, art);

b) objects and their fragments obtained as a result of archaeological excavations;

c) artistic values, including:

paintings and drawings are entirely handmade on any basis and from any materials;

original sculptural works from any materials, including reliefs;

original artistic compositions and installations from any materials;

artistically designed religious objects, in particular icons;

engravings, prints, lithographs and their original printing forms;

works of decorative and applied art, including artistic products made of glass, ceramics, wood, metal, bone, fabric and other materials;

products of traditional folk arts and crafts, etc.

These items are divided into three categories:

1) subject to export from the Russian Federation;

2) subject to temporary export from the Russian Federation;

3) not subject to export from the Russian Federation.

The subject of the crime under Art. 190 of the Criminal Code of the Russian Federation, are precisely the values that are subject to temporary export from the Russian Federation.

Temporary export of cultural property is their movement across the customs border of Russia with the obligation to re-import them within a specified period.

According to para. 3 – 5 p. 1 tbsp. 9 and para. 6 tbsp. 27 of the Law of the Russian Federation “On the Export and Import of Cultural Property”, such items include: movable items, regardless of the time of their creation, protected by the state and included in protected lists and registers in the manner established by the legislation of the Russian Federation; cultural property permanently stored in state and municipal museums, archives, libraries, and other state repositories of cultural property of the Russian Federation; cultural values created more than a hundred years ago.

Temporary export of cultural property from the territory of the Russian Federation is carried out for the organization of exhibitions, restoration work and scientific research, in connection with theatrical, concert and other artistic activities and in other necessary cases.

The procedure and conditions for the temporary export of cultural property are regulated by current legislation, in particular Art. Art. 27 – 35 of the Law of the Russian Federation “On the export and import of cultural property”.

The decision on the possibility of temporary export of cultural property is made by the relevant government bodies after their mandatory examination and the conclusion between these bodies and the person exporting the property of an agreement on the return of temporarily exported cultural property. When this decision is made, a certificate is issued for the right to temporarily export cultural property, which, like the specified agreement, establishes a period for the mandatory return of the property to the territory of the country.

The objective side of the crime is expressed in inaction - failure to return the specified values within the prescribed period to the territory of the Russian Federation, if such return is mandatory in accordance with the legislation of the Russian Federation.

Non-return means a person’s failure to fulfill the obligation to return cultural property to the territory of Russia within the period established in the relevant agreement and certificate of the right to temporarily export it.

A person is not subject to criminal liability if he does not have a real opportunity to return cultural property (for example, property lost as a result of a natural disaster or military action).

The act is completed after the expiration of the period established for the return of cultural property to the territory of the Russian Federation. The corpus delicti is formal.

The failure to return valuables exported from abroad must be distinguished from their theft committed by a person who is not the owner of these items. In the latter case, the person initially did not intend to return these valuables to Russia, having the selfish goal of appropriating them. These actions must be qualified under the articles of Chapter. 21 of the Criminal Code of the Russian Federation (for example, Art. Art. 160, 164).

The subjective side is characterized by guilt in the form of direct intent. The person is aware that he is not returning to the territory of the Russian Federation, within the prescribed period, objects of artistic, historical and archaeological property of the peoples of the Russian Federation and foreign countries exported outside its borders, and wishes to do so.

A special subject of a crime is a sane individual who has reached the age of sixteen, who is entrusted with the obligation to return cultural property to the territory of Russia within a specified period of time (for example, the owner of the property, the head of a museum or library, the organizer of an exhibition).

How to distinguish fraud from similar actions

As mentioned above, a feature of this offense is the voluntary actions of the victim. Therefore, according to the Resolution of the Plenum of the Supreme Court of Ukraine “On judicial practice in cases of crimes against property” dated 11.2009 No. 10, if the victim could not assess and understand the meaning and nature of his actions or manage them due to age, physical or mental disabilities, then such actions are not considered voluntary. Such a crime will be qualified, if there are grounds, as theft, since such actions are committed without the will of a person and secretly.

If deception or breach of trust was only a way to gain access to property and the property was confiscated secretly or openly, then such actions will be regarded as robbery, theft or robbery if there are appropriate grounds. For example, a person asks a passerby for a phone to make an urgent call, but after receiving it, he runs away in an unknown direction. Such actions can be classified as robbery.

There is a very fine line between fraud and civil law. Basically, these actions are distinguished by the subjective side - the presence of intent and selfish purpose. For example, a person receives a loan from a bank. There are two ways here: either he has the intent to commit fraud and is not going to give back the money received, or due to financial difficulties he cannot repay the loan on time, but he does not have the intent to seize someone else’s property.

It is necessary to distinguish between criminal and administrative liability for committing fraud. The Code of Ukraine on Administrative Offenses establishes liability for petty theft of someone else's property. The following penalties are provided for committing such an offense:

a fine of 10 to 30 tax-free minimum incomes of citizens;
corrective labor for up to 1 month with a deduction of 20% of earnings;
administrative arrest for a period of 5 to 10 days.

It should be noted that administrative liability arises only in the case of petty theft of someone else’s property, that is, its value must be more than 0.2 of the tax-free minimum income of citizens.