According to Article 561 of the Customs Code of Ukraine, the revenue and collection authorities exercise control over the movement of cultural property across the customs border of Ukraine in cooperation with the federal executive body, which ensures the formation and implementation of state policy in the areas of cultural heritage protection, export, import and return of cultural property. Such control at checkpoints across the state border of Ukraine is carried out by the revenue and collection authorities in the form of preliminary documentary control in the manner approved by the Cabinet of Ministers of Ukraine.
Relations associated with the export of cultural property outside the customs territory of Ukraine are regulated by the Law of Ukraine dated 09.21.99 No. 1068 - XIV "On the export, import and return of cultural property". In accordance with Article 11 of the Law: cultural values declared for export are subject to mandatory state examination.
A certificate for the right to export (temporary export) of cultural property is the basis for passing the cultural property specified in it outside the customs territory of Ukraine. The export of cultural property without this certificate is prohibited.
Therefore, in order to take out any cultural property outside the customs border of Ukraine, it is necessary :
- formalize the ownership of the item (donation agreement, purchase and sale, inheritance, etc.) - from 1 to 7 days;
- to conduct a state examination of the subject - from 7 to 90 days;
- obtain a certificate for the right to export the item - from 1 to 30 days;
- if necessary, carry out customs clearance of the item - from 1 to 5 days.
If you think that a certain thing is not a cultural property, but there is reason to believe that complications may arise during the passage of customs control, then you need to obtain a certificate from the same Cultural Property Control Authority that the cultural property is not a cultural property.
What are cultural property?
Cultural values are objects of material and spiritual culture that have artistic, historical, ethnographic and scientific significance and are subject to preservation, recreation and protection in accordance with the legislation of Ukraine, namely:
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- original works of art of painting, graphics and sculpture, artistic compositions and installation from any materials, works of decorative and applied and traditional folk art;
- items related to historical events, the development of society and the state, history, science and culture, as well as those that relate to the life and work of prominent figures of the state, political parties, public and religious organizations, science, culture and art;
- items of museum value found during archaeological excavations;
- components and fragments of architectural, historical, artistic monuments and monuments of monumental art;
- old books and other publications that are of historical, artistic, scientific and literary value, separately or in a collection;
- manuscripts and incunabula, old prints, archival documents, including film, photo and phono documents, separately or in a collection;
- unique and rare musical instruments;
- types of weapons that have artistic, historical, ethnographic and scientific value;
- rare postage stamps, other philately materials, separately or in a collection;
- rare coins, orders, medals, seals and other collectibles;
- zoological collections, which are scientific, cultural, educational, teaching and educational or aesthetic value;
- rare collections and specimens of flora and fauna, mineralogy, anatomy and paleontology;
Family values are cultural values that have the character of personal or family objects. According to the legislation of Ukraine, the cultural values of Ukraine are:
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- cultural values created on the territory of Ukraine by citizens of Ukraine;
- cultural values created on the territory of Ukraine by foreigners or stateless persons who permanently reside or have resided in the territory of Ukraine;
- cultural values found on the territory of Ukraine;
- cultural values imported into the territory of Ukraine, acquired by archaeological, archaeographic, ethnographic, scientific and natural sciences and other expeditions with the consent of the relevant authorities of the country of origin of these values;
- cultural values imported into the territory of Ukraine acquired as a result of voluntary exchange;
- cultural values imported into the territory of Ukraine, received as a gift or legally acquired with the consent of the relevant authorities of the country of origin of these values;
- illegally exported cultural values of Ukraine, which are outside its territory;
- cultural values evacuated from the territory of Ukraine during wars and armed conflicts and not returned back;
- cultural values temporarily exported from the territory of Ukraine and not returned to Ukraine;
- cultural values moved to the territory of Ukraine as a result of the Second World War as partial compensation for the losses caused by the invaders.
Subject to return to Ukraine:
- cultural values illegally exported from the territory of Ukraine;
- cultural values evacuated from the territory of Ukraine during wars and armed conflicts and not returned back;
- cultural values temporarily exported from the territory of Ukraine and not returned to Ukraine.
Cultural values that are legally outside Ukraine can be returned by concluding a sale and purchase agreement with the owner of cultural values, exchanging them on mutually beneficial terms or receiving them as a gift.
Cultural values that are legally owned by individuals or legal entities of Ukraine, but whose origin is associated with the history and culture of other states, can be returned to these states by concluding a sale and purchase agreement with the owner of cultural values, exchange on mutually beneficial terms or receiving as a gift.
According to customs
According to the explanations to the UKTZED, approved by the Наказом Міндоходів від 14.01.14 № 15 "Про затвердження Пояснень до Української класифікації товарів зовнішньоекономічної діяльності" name antiques include items over 100 years old .
State examination of cultural property
Cultural values presented for export (temporary export) and returned after temporary export are subject to mandatory state examination. The procedure for conducting state examination of cultural property and the amount of payment for it are approved by the resolution of the Cabinet of Ministers of Ukraine .
In theory, the cost of an examination is from 7 to 27 UAH. But, in practice, museums set their own prices: from 100 to 5000 UAH.
- Инструкция о порядке оформления права на вывоз, временный вывоз культурных ценностей и контроля за их перемещением через государственную границу Украины
- List of state institutions, cultural institutions, other organizations that are granted the right to conduct state examination of cultural property
The refusal of an individual or legal entity applying for the export (temporary export) of cultural property to submit to the state examination of the cultural property provided for export is considered as the applicant's refusal to export it. If the result of the state examination gives grounds for entering the cultural property presented for export in the State Register of National Cultural Acquisition, the examination materials are transferred to the relevant central executive body, regardless of the consent of the applicant.
Authority for controlling the movement of cultural property and cultural heritage
We draw your attention to the fact that this organization over the past few years has changed many names (Office, Division, Department, Service, etc.) and even addresses. Therefore, we will call it hereinafter simply the Control Authority.
The specially authorized state body for control over the export, import and return of cultural property is the Department for the movement of cultural property of the Department of Museum Affairs and Cultural Property under the Ministry of Culture of Ukraine (hereinafter - the Control Body). The control body carries out the tasks assigned to it and interacts with the Main Archival Directorate of Ukraine, the National Commission for the Return of Cultural Property to Ukraine, the State Customs Service of Ukraine, and law enforcement agencies.
The control body is a government body of state administration in the field of control over the export, import and return of cultural property, which operates within the Ministry of Culture and is subordinate to it.
The control body, within its competence:
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- ensures the conduct of state expertise of cultural values presented for export (temporary export), and upon return after temporary export;
- examines the application of the owners of cultural property or persons authorized by them;
- decides on the possibility of export (temporary export) of cultural property;
- issues certificates for the right to export (temporary export) of cultural property;
- carries out registration of exported (temporarily imported) cultural values;
- draws up lists of cultural values exported (temporarily exported), and establishes a regime for temporary export;
- informs the public in Ukraine and abroad about the facts of loss or theft of cultural property;
- takes the necessary measures to return stolen, illegally exported and evacuated and not returned cultural property;
- develops and implements measures aimed at fulfilling Ukraine's international obligations on the prevention of illegal export, import and return of cultural property.
The control body has the right:
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- involve specialists from executive authorities, enterprises, institutions and organizations (in agreement with their leaders) to consider issues that belong to its competence;
- to attract scientists, specialists, experts to study the problems of export, import and return of cultural property;
- exercise control and conduct inspections on issues that belong to its competence;
- receive, in the prescribed manner, from executive authorities, local self-government bodies, enterprises, institutions and organizations the information necessary to fulfill the tasks assigned to it;
- to convene, in the prescribed manner, meetings of specialists on issues that belong to its competence;
- submit, in accordance with the established procedure, for consideration by law enforcement agencies materials on violation of legislation regarding the movement of cultural property;
- issue orders of an organizational and administrative nature, if necessary - in conjunction with other executive authorities and local government bodies.
In cases established by law, the decisions of the Control Body are binding on executive authorities, local government bodies, institutions, organizations and citizens.
According to the latest information, regarding the procedure for issuing a certificate and conducting an examination of cultural property for export from the customs territory of Ukraine, you can contact the Control Authority:
- State Service for Control over the Movement of Cultural Property across the State Border of Ukraine under the Ministry of Culture and Arts of Ukraine: 01015, Kiev, st. Lavrskaya, 9, building 20, phones +380442806539, +380442544331, +380442806322. Department of territorial representation, phone +38 044 254-29-49. Страница Органа контроля на сайте Министерства культуры (link to the old website of the Ministry of Culture, may stop working over time);
- Department of Culture of the executive body of your region:
- Kiev, T. Shevchenko blvd, 3, office. 209, tel .: 0442795340, 0442795647 (Zhytomyr, Kiev, Lugansk, Sumy, Kharkov, Cherkassk, Chernigov regions, Kiev)
- Department of State Expertise of Cultural Property of the Department of Culture of the Executive Body of the Kiev City Council, tel. 0442795647; Working hours: reception of citizens - Monday-Friday, from 10:00 to 13:00, issuance of documents - Monday, Wednesday, Friday, from 10:00 to 13:00.
- Head of the department - Olga Rostislavovna Bespyatova, office number 211, tel. 0442795689.
- Dnepropetrovsk, K. Marx Ave., 18, tel .: 47-28-59; (Dnepropetrovsk, Donetsk, Kirovograd, Poltava regions);
- Lviv, st. Smolskogo, 10, tel .: 75-80-81, 72-79-91 (Volyn, Lviv, Rivne, Ternopil regions);
- Odessa, st. Kanatnaya, 83, tel .: 33-52-13, 33-52-12 (Vinnytsia, Zaporozhye, Odessa regions);
- Uzhgorod, st. Vinnichna, 20, tel .: 3-06-91 (Transcarpathian region);
- Kherson, st. Gorky, 5, tel .: 26-50-06, 22-60-33 (Kherson, Nikolaev regions);
- Chernivtsi, st. Franko, 16, tel .: 57-85-26 (Ivano-Frankivsk, Khmelnytsky, Chernivtsi regions);
but no later than 30 days before the removal of things.
Certificate for the right to export (temporary export) of cultural property
The control body, at the request of the owner of cultural property or persons authorized by him, makes, on the basis of the conclusion of the state examination, a decision on the possibility or impossibility of exporting cultural property. The owner of cultural property or his authorized person shall notify in writing about the decision taken within one month from the date of the official receipt of the application.
If the Control Body decides on the possibility of export (temporary export) of cultural property, the owner of cultural property or a person authorized by him is issued a certificate of the established form for the right to export (temporary export) of cultural property. A sample certificate for the right to export (temporary export) of cultural property is approved by the Cabinet of Ministers of Ukraine.
A certificate for the right to export (temporary export) of cultural property is the basis for moving the cultural property specified in it outside the customs territory of Ukraine. The export of cultural property without this certificate is prohibited.
Some products do not need to issue an Export Certificate. The list of souvenirs, cultural and household items of serial and mass production, for the export (temporary export) of which the permission of the State Control Service is not required:
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- Cultural values temporarily imported into Ukraine, subject to a customs declaration drawn up in accordance with the established procedure when importing (sending) these values to Ukraine.
- Works of contemporary art, items of folk art crafts, souvenirs purchased in the trade network.
- Painting, small-scale plastic, author's graphics, tapestries, decorative and applied art from ceramics, porcelain, faience, glass, wood, metal, textiles and other materials created after 1950.
- Domestic and foreign household items of mass and serial production, created after 1950, including:
- furniture (individual items and headsets);
- factory-made and hand-made carpets, carpets and textiles of various types;
- costume items and details that complement it;
- dishes and other household items made of glass, crystal, porcelain, faience, ceramics, majolica, wood, papier-mâché, etc .;
- jewelry of serial and mass production from non-precious metals and semi-precious stones;
- toys made of stones, straws, metal, plastic.
- Modern religious items of various denominations, printed icons, as well as crosses, icon lamps, candlesticks and other items of religious purpose in circulation.
- Equipment items:
- cars, motorcycles, bicycles and other vehicles that do not have significant historical value (significant historical value of vehicles is understood as belonging to prominent persons, politicians, participation in outstanding events, exclusive models that were not in mass production or were released in small quantities , or commemorative, or released before 1950 and their number in Ukraine is no more than two copies.)
- clocks (wrist, floor, wall, etc.) made after 1950;
- modern models of airplanes, cars, ships and other technical items;
- gramophones and records (starting from N 285 for "MONO" records and from N 739 for "STEREO" records) made after 1960.
- Printed works published after 1945, including:
- separately published works, collected works, collections of works by different authors, popular science literature, literature for children;
- periodicals, sheet music, cartographic, graphic publications, brochures, advertising publications;
- edition exported by their authors;
- reference books for applicants to higher educational institutions and one-volume language dictionaries;
- modern reprinted and facsimile editions;
- all publications and information in any media are sent by state libraries, libraries of scientific societies and public organizations, museums in accordance with international book exchange and interstate interlibrary exchange;
- replicated printed graphics (reproductions, lithographs, prints, cry, posters, posters, calendars, leaflets, envelopes, etc.), photo albums and photo reproductions for souvenir purposes, etc.
- Musical instruments with one of the documents: factory passport, sales receipt, check, instrument label, etc., made after 1950, including:
- factory serial domestic and foreign production;
- factory-made mechanical and electro-musical instruments.
- Postage stamps in Ukraine: postage stamps and blocks, marked postage envelopes and marked postcards (art and standard) issued after 1991.
- Personal awards in the event of citizens moving to a permanent place of residence abroad in the presence of order books or award certificates (export by citizens, moving to a permanent place of residence in another state, awards left over from deceased parents, possibly subject to the submission of documents confirming the movement of citizens for a permanent place of residence in another state, death certificates, order books or award certificates and documents confirming family ties.
- State awards of Ukraine from precious metals and / or precious stones, the procedure for the export of which is approved by the Resolution of the Cabinet of Ministers of Ukraine dated June 21, 2001 N677 (677-2001-p).
- Badges, commemorative signs, table medals, commemorative and commemorative coins, banknotes that are not a means of payment (except for domestic and foreign coins made of precious and non-precious metals, paper banknotes up to 1960, inclusive).
Export from Ukraine is not subject to :
- cultural values entered in the State Register of National Cultural Acquisition;
- cultural property included in the National Archives;
- cultural values included in the Museum Fund of Ukraine.
The procedure for registration of the right to export cultural property
An application for the right to export cultural property is submitted no later than one month before the date of their export by the owner or a person authorized by him to the Control Body. Attached to the application are:
- a document confirming the ownership of cultural property (not needed for works of your own performance);
- a list of cultural values indicating the exact information about them (authorship, title of the work, place and time of creation, material and technique of performance, dimensions (weight), insurance value (cost, estimated value)) in Ukrainian;
- the corresponding customs declaration, which was submitted to the customs authority when importing cultural property into Ukraine;
- two copies of color photographs of each cultural property measuring 13 x 18 cm (except for philately, numismatics, bonistics and faleristics, the provision of photographs for which is not required);
- the conclusion of the state examination (for cultural values acquired on the territory of Ukraine).
In the event that citizens move for permanent residence to other states, they are allowed to take out personal awards, for which there are order books or award certificates. Export by citizens who move for permanent residence to another state, awards that have remained from their deceased parents, is possible subject to the presentation of documents confirming the movement of citizens for permanent residence in another state, death certificates, order books or award certificates and documents confirming family ties.
The procedure for the export of cultural property, established by Law N 1068-XIV, applies to persons enjoying diplomatic immunity. The personal luggage of these persons may be submitted to customs inspection in accordance with the customs legislation of Ukraine and international treaties of Ukraine.
INFORMATION CARD OF ADMINISTRATIVE SERVICE
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Certificate of the right to vivese (tim-hour vyvezennya) cultural values
Ministry of Culture of Ukraine
Information about the sub'kta nadannya administrative service | ||
one | Missensation of the sub'kta nadannya of the administrative service | 01601 m. Kiev, st. I. Franka, 19 |
2 | Information about the robotic mode of the sub'єkta nadannya administrative services | Monday - Thursday: from 9.00 to 18.00 Friday: from 9.00 to 16.45 Break from 13.00 to 13.45 |
3 | Telephone / fax (add-ons), e-mail addresses of the web site of the sub'kta nadannya administrative service | (044) 254-29-09 E-mail addresses - This email address is being protected from spambots. You need JavaScript enabled to view it. Website http://www.mincult.gov.ua/ |
Normative acts that govern the provision of administrative services | ||
four | Laws of Ukraine | Articles 12, 13 of the Law of Ukraine "About the importation, importation and distribution of cultural values" |
five | Acts Cabinet of Ministries of Ukraine | Resolution of the Cabinet of Ministries of Ukraine dated 26.08.2003 p. N 1343 "About the consolidated procedure for conducting the state examination of cultural values and pay for the conduct of the state examination"; Resolution of the Cabinet of Ministries of Ukraine from 20.06.2000 r. N 984 "About the hardened education of witness for the right to vvezennya (time-based vyvezennya) cultural values from the territory of Ukraine" |
6 | Acts of the central authorities of the viconavcha vlady | Order of the Ministry of Culture and Tourism dated 04/22/2002 N 258 "About the approved Instructions on the procedure for registering the right to vyvezennya, the time of vyveshenya cultural values and control over these changes through the state cordon - Ukraine" |
Mind the rejection of the administrative service | ||
7 | Pidstava for rejection of the administrative service | Application |
6 | A final rendition of documents necessary for rejecting the administrative service, as well as before them | 1) an application, in which the name of the applicant is indicated: - for a physical individual, a physical individual, a person - a nickname, name and name, place of residence, contact phone number; - for a legal individual - naming a legal individual, a mission of finding, a code of a payer of taxes from ADRPOU, an alias, a name according to the name of a legal individual / up-to-date individual; contact phone number - the date of submitting the applicant's signature. 2) before submitting: - a document dedicated to the applicant: for a physical individual - a passport of a citizen of Ukraine, a time dedicated to an individual of a community of Ukraine, a passport of a citizen of Ukraine for going beyond the cordon, a diplomatic passport, a special passport, dedicated to a sea person; - a document confirming the applicant's right to cultural values; - for the development of test instruments and smichkiv - passports for them of the established design, which are seen by the Ministry of Culture; - two examples of the cross of cultural values, such as vivat, vivat for an hour; - before the hour of delivery of musical instruments, two examples of lists are submitted from the beginning of the day 3 before the instruction; drukovanikh vidan - guided by supplement 4 to the instruction; items of the file - readily with supplement 5 to the instruction; - two examples of color photographs of skin cultural value, size 13 x 18 cm (except for items of literature, numismatics, bonistics and phaleristics, photographs are not required); - Visnovok of sovereign expertise |
7 | The order and method of submitting documents necessary for the removal of administrative services | Especially for a reason |
eight | Fee (non-payment) of administrative services | Free of charge |
nine | Lines of administrative service | With a stretch of 10 working days from the date of restoration, declare |
10 | Transfer to the office for a message from a given administrative service | 1) there is a guarantee about securing an overwhelming acquisition and turning of cultural values in the acquisition of terms; 2) declared before the hourly delivery of cultural values in such a country that it is impossible to change the mind; 3) cultural values є the subject of dispute is the right of authority to them; 4) insurance coverage of cultural values, declared prior to the hourly delivery, not being recognized as a reality; cultural values, declared before the hourly vyvezennya, perebuyut at the rozshuk; 5) the state, before which the state has been transferred to the state of cultural values, has become spontaneously dashing, there has been a lack of confusion, a supervising state has been introduced, in order to find out about the conditions of |
eleven | The result of giving the administrative service | Vidacha Svidoctva for the right to vyvezennya (tim-hour vyvezennya) cultural values or grounded vidmovi from yogo vidachi |
12 | Ways to reject the results (result) | Nadannya (delivery) of applicants in letters of the form |
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Ministry of Culture of Ukraine to the process of providing administrative services: Certificate of witness to the right to vyvezennya (time-based vyvezennya) cultural values
Etapi opratsyuvannya declare about the delivery of administrative service | Vidpovidna person | Structural subsidiaries of the Ministry of Culture of Ukraine, based on the stage (development, development) | Lines vikonannya etapіv (dії, rіshennya) |
Accept and re-apply the documents to reach it | Specialist for documentary security and control | Right control | With a stretch of 1 working day in the order of the schedule of the necessary documents |
Look at the documents to reach her | Specialist for control | Management of regional representatives for nutrition, protection of cultural decline and relocation of cultural values | With a stretch of 10 calendar days from the day of restoration, declare |
Accept the decision about the appearance of the Svidotstva, or about the vidmovu from yogo nadanna | Specialist for control | Management of regional representatives for nutrition, protection of cultural decline and relocation of cultural values | With a stretch of 10 calendar days from the day of restoration, declare |
Updating (displaying) Evidence or a letter about the message from you | Dilovod Directorate of regional representatives for food protection of cultural decline and relocation of cultural values | Management of regional representatives for nutrition, protection of cultural decline and relocation of cultural values | Stretching 5 working days from the day of the restoration of the Svidotstva, for more information about Vidmova from yogo |
Vidmova at the witness of the witness may be oskarzhena in the court at the order of the administrative court
Import of cultural property in Ukraine
Cultural values that are imported into Ukraine are subject to registration in accordance with the procedure established by the Ministry of Culture and Arts of Ukraine, the Main Archive Department of Ukraine in conjunction with the State Customs Service of Ukraine. During the import of cultural values into the territory of Ukraine, the customs authority is presented with a certificate for the right to export them, if this is provided for by the legislation of the state from which the cultural values are imported. In the absence of such a certificate, the imported values are subject to detention by the customs authorities of Ukraine until their owner is identified and his instructions are received regarding the further movement or use of these values. Such an order must be confirmed by the diplomatic mission or consular office of the country of which the owner of the cultural property is a citizen.
The import of cultural property in respect of which the wanted list is declared is prohibited. Such cultural values are subject to seizure by the customs authorities of Ukraine in order to return them in the prescribed manner to the owner.
Temporary export of cultural property
Temporary export of cultural property can be carried out by individuals and legal entities:
- for organizing exhibitions;
- for carrying out restoration work and scientific research;
- in connection with theatrical, concert and other artistic activities;
- in other cases stipulated by the legislation of Ukraine.
Cultural values temporarily exported from Ukraine and not returned within the period stipulated by the agreement are considered illegally exported.
An application for a permit for the temporary export of cultural property is submitted by the owner or a person authorized by him to the Control Authority.
Attached to the application are:
- a notarized copy of the agreement with the host party on the purpose, guarantees of reliable storage and return of cultural property within the period specified in the agreement;
- a document on insurance of cultural property temporarily exported with the provision of all cases of insurance risk or a document on state guarantees of financial coverage of any risk, issued by the host country of cultural property;
- a document confirming the ownership of cultural property;
- the conclusion of the state examination.
Cultural values that are temporarily imported into Ukraine are subject to registration in accordance with the procedure established by the Control Body together with the State Customs Service of Ukraine.
Refusal to issue a certificate for the right of temporary export of cultural property
A certificate for the right of temporary export of cultural property cannot be issued if:
- there are no guarantees to ensure the safe storage and return of cultural property within the period stipulated by the agreement;
- presented for temporary export of cultural values in such a form that it is impossible to change the conditions of their storage;
- cultural property is the subject of a dispute over the ownership of it;
- the insured value of cultural property presented for temporary export does not correspond to their real value;
- cultural values presented for temporary export are on the wanted list;
- in the state from which it is envisaged to carry out the temporary export of cultural property, a natural disaster has occurred, armed conflicts have arisen, a state of emergency has been introduced, or there are other circumstances that impede the provision of reliable storage and return of cultural property that is temporarily exported to this state.
The terms of the agreement on the temporary export of cultural property cannot be changed after the issuance of a certificate for the right of temporary export of cultural property.
Transit of cultural property
The transit of cultural property through the territory of Ukraine is regulated by customs legislation and international treaties of Ukraine.
The procedure for customs clearance of cultural property
The regime of customs clearance of cultural values during their export through the customs border of Ukraine for the purpose of alienation is regulated by the Resolution of the Cabinet of Ministers of Ukraine No. 448 dated May 21, 2012 "On the procedure for vyvezennya (overclocking) for the interim territory of Ukraine by the huge and the juvenile coins of Ukraine from precious metals), expensive stones and virobes from them, as well as cultural values with the mark of their introduction "
According to the decree, the export (transfer) of cultural property outside the customs territory of Ukraine by citizens for the purpose of their alienation is carried out in the case when the total invoice value of cultural property:
- does not exceed an amount equivalent to 10,000 euros , on the basis of a certificate of the established form for the right to export (temporary export) of cultural property and with a mandatory written declaration ;
- exceeds the amount equivalent to 10,000 euros - subject to the placement of goods under the export customs regime.
Responsibility for the smuggling of cultural property
According to Part 1. Article 201 "Smuggling" of the Criminal Code of Ukraine, moving across the customs border of Ukraine outside customs control or with concealment from customs control of cultural property is punishable by imprisonment for a term of 3 to 7 years with confiscation of contraband items.
Vehicles involved in smuggling are also subject to confiscation.
Procedure for the use of seized or confiscated cultural property
Cultural values seized by customs or law enforcement agencies, as well as confiscated by a court decision, are transferred free of charge to the Ministry of Culture and Arts of Ukraine, the Main Archive Department of Ukraine, which ensure their storage, examination and information about them in order to clarify the ownership of them. After establishing the ownership of the said cultural values, they are transferred in accordance with the established procedure to their legal owner or to a person authorized by him. The owner shall reimburse the costs of storage and examination of cultural property, unless otherwise provided by the legislation of Ukraine or a court decision. If the seized or confiscated cultural property is returned in accordance with the law to the state revenue, the Interdepartmental Council for the Export, Import and Return of Cultural Property shall decide the issue of the gratuitous transfer of these cultural property for permanent storage in the state part of the museum, library and archival funds or religious organizations.
In order to avoid the acquisition of illegally exported from other states, stolen or unscrupulous acquired cultural property, individuals and legal entities, regardless of their form of ownership, who wish to acquire ownership of cultural property, must take the necessary measures to obtain information about the origin of these cultural property. Legal entities and individuals who trade in cultural property are required to maintain a register, which must contain information about the origin of each cultural property, the surname, name, patronymic and address of the supplier, a description of the cultural property and its value.
Normative base
Legal relations related to cultural values in Ukraine are governed by the following regulatory legal acts:
- Constitution of Ukraine;
- Law of Ukraine "Fundamentals of Legislation of Ukraine on Culture" dated 14.02.1992 to Roku N 2117-XII;
- Law of Ukraine "On viviz, import and turnover of cultural values" dated 21 May 1999 N 1068-XIV;
- Resolution of the Cabinet of Ministers of Ukraine dated 20.06.2000 to fate N 983 "On the approved Regulations about the State Service for Control over the Transfer of Cultural Values through the State Cordon of Ukraine";
- List of the State Customs Service dated 12/30/99 N 09/1619 "Schedule control over changes in cultural values".
- Order of the Ministry of Culture and Tourism of Ukraine 11/15/2002 N 647 "About the hardened transformation of state institutions, laying the foundation of culture, other organizations, which are entitled to the right to conduct a state examination of cultural values"
Examination of antiques and cultural property
Service (for 1 sample) | Deadlines | Price without VAT* |
Import and export of antiques | ||
Accompaniment of the state examination of cultural property | up to 30 days | 167 USD |
Accompanying the receipt of a passport for musical instruments | up to 30 days | 167 USD |
Accompaniment of the state examination of large items (without the cost of transportation costs) | up to 90 days | 267 USD |
Confirmation of ownership of antiques | up to 3 days | 20% (VAT) +35 USD |
Accompanying the issuance of a certificate for the right to export antiques | up to 14 days | 140 USD |
The prices are approved by the director of LLC "In Consulting" 02.11.2024. Deadlines are indicated in working days
For a free consultation, you can use On-line consultation, or call us or write to the messengers.For information about the cost of services go to Tariffs or place Application for Services.