Russian cultural property law

In June 1992, a Decree of the Russian Government created what was called the State Commission for Restitution of Cultural Valuables, which was to decide issues related to restitution. However, the Commission did very little and was at a halt by June 1993, and then was later abolished by March 2001.[2] Also, in 1992, there were many bilateral cultural agreements with a number of countries such as, Belgium, Bulgaria, Denmark, Germany, Greece, Hungary, Luxembourg, Poland, and the United Kingdom for mutual restitution of displaced cultural valuables; none of which were talked about in the Constitutional Court ruling in 1999 about the constitutionality of the Russian 1998 law, where international agreements were to be put above domestic laws.[3] However, in June 1992 there was the only restitution of books to the west by Russia; there was 600 Dutch books that were returned to the Netherlands. But, this is only a small portion of the estimated 30,000 Dutch books that had arrived in the USSR. The idea of restitution did not last long, and soon turned into demands for compensation.[4]

Starting in 1994, the idea of restitution had completely come to a stop, and the debates started about constructing a law on said cultural valuables. Duma deputies are responsible for the start of the debate by stating that there is lack of international laws and the inadequacy of domestic legislation to justify its refusal to permit further restitution.[5] This came about when Duma deputies refused the return of French archives that were a part of a 1992 agreement. Demands for compensation from wartime loss and destruction started to arise from the Duma deputies, suggesting that other countries should be charged storage fees for what was held in Russia secretly for over 50 years; and further that the only possible restitution of cultural valuables that would occur to other nations was in exchange for Russian cultural valuables, because the deputies at this point were arguing that many of the plundered cultural valuables from Russia were being held across the ocean from the United States Zone of Occupation in Germany.[6] Further, with the support of some legal specialists and Russian legislators argue that all the cultural valuables that were brought to Moscow under government orders were all done so legally. But, nevertheless there is the other side of the debate, which is also supported by the Yeltsin government, who argue for compromise and internationally appropriate solutions.

For six years the debate continued. In January 1995 a large international conference was held in New York City titled "Spoils of War", where the international context about the issues surrounding cultural valuables plundered or misplaced at the end of the Second World War came to light. Firstly, it was important to note that no allied agreement that was made ever stated that works of art or other cultural property could be used for compensation purposes. Efforts such as what was done by the British and the Americans, where they carried out an elaborate program of restitution to countries of origin were discussed. Stories such as the United States had returned over half a million cultural items to the Soviet Union, but Russians were not aware of this, were among many topics discussed.[7] On an international level, legal concepts and precedents existed during the time of the plundering from Germany in 1945, such as the Hague Convention of 1907. Specifically Article 56 of the Convention "forbids the seizure, damaging and destruction of property of educational and art institutions, … and articles of scientific and artistic value belonging to individuals and societies as well as to the State".[8] Such international law did not stop Stalin from ordering the seizure of cultural valuables as compensatory reparations from Germany. However, Stalin's order is still followed by the Russian position 50 years later, as they would argue that these transfers (seizures) were carried out legally after the war as compensation. On the other side such a point of view is wrong because Russia is not in compliance with international law regarding the protection of cultural property. Despite the ongoing debate and Russia's failure to restitute cultural valuables to other European countries, Russia had an interest in becoming a member of the Council of Europe. In order for Russia to become a member they had to sign a statement of intent in order to be admitted, which they did and gained admission in late 1995. Russia at this time agreed to negotiate claims for the return of cultural property to other European countries, and to return property that was transferred to Moscow in 1945, in a rapid manner. Surprisingly, nothing to this agreement ever occurred or was of any mention in the Russian press; and less than a year later in May 1996 the Duma passed the first reading of the proposed law nationalizing the spoils of war. The law emphasized compensation to Russia for wartime loss.[9]

It was not long after, in early July 1996, the law was passed almost unanimously, making other European counties very hostile about the law. The passage started a slew of diplomatic protests, and as a result the Russian Upper House, the Council of the Federation, rejected the law strongly because of the outcry from the Yeltsin administration. Boris Yeltsin, president of the Russian Federation at the time, and his administration stood strong behind this argument for rejecting the law on the basis that it would conflict with numerous international agreements.[10]

Nevertheless, the law continued to gain support from other nationalist-oriented parties, and the push for the passage of the law continued. The chair of the Duma Committee on Culture, Nikolai Gubenko, continued to stress that the law was a must, on the basis that all the cultural property that was transported to what was the Soviet Union was all done so legally according to allied agreements, and that the law is way of providing justice to the loved ones, nearly 30 million, that are no longer with us due to the horrific outcomes of the war. With more gained support, and a slightly revised law, the Duma again almost unanimously passed the law on February 5, 1997, and was further passed by the upper house, the Council of Federation on March 5, 1997.[11]

Sticking to what he believed, and despite the ongoing support for the law, President Yeltsin vetoed the law on March 18, 1997. Making his position clear in his official message to the Duma, Yeltsin stood firm that the law was in contradiction of the Constitution. Further Yeltsin pointed out that the law went against Russian bilateral agreements with other European countries.[12]