Проблема повернення культурних цінностей до художніх музеїв України

Abstract

У статті йдеться про значення повернення культурних цін-ностей в Україну. Розглядається перший в історії факт реституції, висвітлено труднощі щодо цього в музеях під час окупації в період Другої світової війни, проаналізовано діяльність міжвідомчих інституцій України та сучасний стан цієї галузі. Development of our word was not always in a calm manner, at all times it was accompanied with regular wars. They impacted on destruction and stealing of cultural property, its transfer from one country to another. Eventually this led to formation of restitution of cultural property – the phenomenon in legal system focused on the matters of return of any property illegally seized by one country from the territory of another country. For the first time the issue of ownership of the works of art (in this case those state, not private) arose immediately after the Napoleonic wars. During the years of war 1804–1815 the French army led by Napoleon Bonaparte changed the borders of the map of Europe. Wherever they appeared, special committees appeared whose mission was to select books, manuscripts, jewelry and artworks and send them to Paris. This led to creation of the first large European museum – gallery of masterpieces for the free people of France – Louvre. With collapse of the Napoleonic Empire during the Congress of Vienna, the issue of seized property was raised and settled. At the request of the Anti-French Coalition, more than 2,500 items should be returned. This historical fact was the first fact of return of cultural property in the world after the war. Extremely complex restitution issues were caused by the Second World War. The complex historical and political processes that are going through Ukraine inflicted enormous damage to cultural heritage of Ukraine. The art museums were victims of nazi thefts. Common theft and seizure of the works of art held were made by all the warring parties. As a result, all valuable property was brought both to art galleries and museums and in private collections and to the black market. This issue is not settled to the date, as at the international level that cultural property seized as a result of armed conflict is wanted in life. Without a shadow of doubt, the struggle for return of lost art treasures often has political overtones. There are new complex restitution precedents with which Ukraine has not faced yet to come. Annexation of AR of Crimea in 2014 resulted in failure to determine the status of museums and cultural property remaining on the peninsula. Failure to cooperate does not allow to control their condition and fate, their movement, no doubt about it, poses new challenge for Ukraine. As of 2014 – in the territory of the Crimean peninsula there were 34 different types of museum institutions. The legislation of Ukraine does not include the rules allowing to provide effective control of cultural property in the territory not controlled by Kyiv. The law on the occupied territories stipulates that responsibility for protection of cultural heritage shall be imposed upon the Russian Federation as the country that commits occupation. This provision should apply, and it really meets the legal practice of international law, but there are other options. The law on the occupied territories must reinforce the right of Ukraine to all cultural property of Crimea and declare a ban on the export of objects and unauthorized excavations. As of today, Ukraine has no mechanisms of influence to resolve this conflict and to give access to property. The only one solution to this issue is to execute documentation ex post facto and record everything known about the Crimean sights in the State Fund of Ukraine. These records may be made under the sources that are in circulation in the Ministry of Culture. Currently, the relevant authorities should monitor migration and state of the cultural heritage of the Crimea through the mass media, only due to this informative basis, after solution to the conflict, it will be possible to start the search in specific directions. During its complex history Ukraine lost a lot of sights, but they should not be forgotten. They should be found and it depends both on the country and on the approach of museums to this mission. Currently, each of them is working separately, but to settle an international issues, it is required to gather the maximum number of experts from various professional fields: historians, art experts, culture experts, museists, lawyers, experts in protection of cultural heritage, etc. Using such multidisciplinary approach and concerted efforts from all parties, it is possible to achieve powerful results, continuing the activities of the aforementioned National Commission on the return of cultural property to Ukraine and the State Service of Control over the movement of cultural property across the state border, and also to prevent dissipation of the assets happening now.