FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 28, 2017 No. 435-FZ

About modification of separate legal acts of the Russian Federation in connection with enhancement of public administration in spheres of export and import of cultural values and archiving

Accepted by the State Duma on December 21, 2017

Approved by the Federation Council on December 26, 2017

Article 1

Bring in the Law of the Russian Federation of April 15, 1993 No. 4804-1 "About export and import of cultural values" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 20, Art. 718; Russian Federation Code, 2004, No. 45, Art. 4377; 2008, No. 30, Art. 3616; 2009, No. 29, Art. 3587; 2011, No. 27, Art. 3880; No. 50, Art. 7351; 2013, No. 30, Art. 4078; 2017, No. 25, Art. 3596) following changes:

Preamble to state 1) in the following edition:

"This Law is intended for preserving cultural heritage of the multinational people of the Russian Federation.

This Law is aimed at the development of the international cultural cooperation, mutual acquaintance of the multinational people of the Russian Federation and the people of other states with cultural values of each other, prevention of illegal export and import of cultural values, assistance to return is illegal exported and illegally the imported cultural values.";

Article 1 to state 2) in the following edition:

"Article 1. Subject of regulation and scope of this Law. Legal regulation of export and import of cultural values

1. This Law governs the relations on movement of cultural values from the Russian Federation in the foreign states which are not state members of the Eurasian Economic Union and also to the Russian Federation from the foreign states which are not state members of the Eurasian Economic Union.

Procedure for movement of cultural values between state members of the Eurasian Economic Union and the list of cultural values concerning which the allowing procedure for export is established are determined according to the right of the Eurasian Economic Union.

2. If the international treaty of the Russian Federation and (or) the right of the Eurasian Economic Union establish other rules and regulations, than provided by this Law and other regulatory legal acts accepted according to it rules and regulations of the international treaty of the Russian Federation and (or) the right of the Eurasian Economic Union are applied.

3. Provisions of this Law extend on the physical persons and legal entity performing export, temporary export, import or temporary import of cultural values (further also - applicants).

4. Provisions of this Law extend to public authorities, to the state bodies performing functions on safety, legality and law and order on fight against crime, on protection of rights and freedoms of man and citizen (further - law enforcement agencies), to local government bodies and officials of the specified bodies.

5. Provisions of this Law extend to persons having the diplomatic and other provided by international treaties of the Russian Federation privileges and immunities. The personal baggage of specified persons can be subjected to customs examination according to international treaties of the Russian Federation, the right of the Eurasian Economic Union, the legislation of the Russian Federation.

6. The cultural values which are in the territory of the Russian Federation and also the movable objects declared to import or temporary import to the Russian Federation as cultural values irrespective of pattern of ownership fall under operation of this Law.

7. Features of export, temporary export, import and temporary import of the weapon which is cultural values including the weapon carried to ancient (antiquarian) weapon can be established by the legislation of the Russian Federation on weapon.

8. Features of export, temporary export, import and temporary import of the cultural values containing precious metals and gemstones can be established by the legislation of the Russian Federation on precious metals and gemstones.

9. Features of export, temporary export and temporary import of cultural values by the state and municipal museums, archives, libraries, other state and municipal storages of cultural values can be established by the legislation of the Russian Federation on Museum fund of the Russian Federation and the museums in the Russian Federation, about archiving, about library science.

10. Features of export, temporary export, import and temporary import of cultural values by transfer in mailings can be established by the legislation of the Russian Federation in the field of mail service.";

3) Articles 3 and 4 to recognize invalid;

Article 5 to state 4) in the following edition:

"Article 5. The basic concepts used in this Law

For the purposes of this Law the following basic concepts are used:

cultural values - the movable objects of material world irrespective of time of their creation having historical, art, scientific or cultural value;

the cultural values having special value - the cultural values referred according to the criteria established by the Government of the Russian Federation to the cultural values having special historical, art, scientific or cultural value;

export of cultural values - movement of cultural values from the Russian Federation in the foreign states which are not state members of the Eurasian Economic Union without obligation of their return import;

import of cultural values - moving of cultural values to the Russian Federation from the foreign states which are not state members of the Eurasian Economic Union without obligation of their return export;

temporary export of cultural values - movement of cultural values from the Russian Federation in the foreign states which are not state members of the Eurasian Economic Union with the obligation of their return import at the scheduled time;

temporary import of cultural values - moving of cultural values to the Russian Federation from the foreign states which are not state members of the Eurasian Economic Union with the obligation of their return export;

collection of cultural values - set of the homogeneous or picked-up for certain sign diverse movable objects which irrespective of reference to cultural values of each of them, gathered, have historical, art, scientific or cultural value;

illegal export and import of cultural values - the export of cultural values or import of cultural values performed with violation of the law of the Russian Federation, the right of the Eurasian Economic Union, international treaties of the Russian Federation;

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