In Russia, they may approve an act regulating the procedure for paying rewards for treasures with jewelry. This initiative was considered by the government commission for legislative activities.
What is a treasure, how to transfer it to the state and what problems arise with the payment of remuneration, figured out aif.ru.
What is the essence of the initiative?
The Government Commission on Legislative Activities considered the initiative to approve specific rules for assessing the treasure and reimburse its value to the finder.
“Today, the cost of precious metals, stones and products from them transferred to the state is determined on the basis of the order of the Ministry of Finance dated December 19, 2014 No. 155n”, — reported to aif.ru lawyer Valentina Zhoga. The expert noted that the publication of a specialized act will close a huge gap in the legal regulation of the issue of paying remuneration to the finder of the treasure, in particular, the issues of the timing and procedure for transferring money.
What is a treasure?
The concept of treasure is enshrined in Art. 233 of the Civil Code of the Russian Federation and in general it does not raise any questions in practice, Zhoga told aif.ru. «Treasure — it is money or other valuables that are buried in the ground and do not have an owner — his identity cannot be established or he has lost the right to these things. If found is of cultural value, then they must be given to the state. In exchange for the transfer of jewelry to state storage, the finder has the right to receive a reward — half of the value of the find. The money will be received by the one who owns the land or other property where the treasure was found. If the owner of the site allowed unauthorized persons to dig or look for values, then each of them will receive 25% of the total amount, and if the excavations were carried out without the permission of — only the owner of the plot will receive the money, — explained the expert.
Which finds will be affected?
The initiative concerns only treasures that:
— have historical, artistic or other cultural value;
— made of precious metals or stones.
“That is, if a citizen finds jewelry inlaid with stones belonging to the rulers of the 19th century, or Napoleon’s cufflinks, then these things should be evaluated in a specific order and transferred to the property of the state. And if you find gold coins that were distributed in a specific period of time and are in every museum, then you can keep them and dispose of them at your discretion, — Zhoga explained.
Who will evaluate the treasure?
To answer questions about the value of the found jewelry, it is planned either to create a new specialized expert institution or to assign appropriate powers to an existing one. < /p>
According to Zhog, currently the law does not fix the procedure for determining the value of treasures, which means that the assessment is not prohibited by the state, but by an independent appraiser. “As follows from the materials of judicial practice, in turn, the cultural value of the treasure can be determined by the local museum. For example, in one of the cases, this function was performed by the OBUK “Kursk Regional Museum of Local Lore”, — added expert.
How do I get a treasure reward now?
The expert explained that in order to transfer the treasure to the state and receive a reward, you need to contact the police — the department will give detailed explanations, help to contact the cultural institution for the transfer of the found and its subsequent evaluation. “If the issue of remuneration cannot be resolved, you can go to court. Judicial practice on such issues is not numerous, but in most cases the court takes the side of the finder of the treasure, — Joga advised.
Since there is a gap in the legal regulation on the procedure and timing of the payment of remuneration, the courts apply acts of the USSR that do not contradict the current legislation, the expert commented. “So, when considering the case on the payment of remuneration for the treasure, the court referred to the Regulations on the procedure for accounting, evaluation and sale of confiscated, ownerless property, property that passed by right of inheritance to the state and treasures, approved by a decree of the Council of Ministers of the USSR of 06/29/1984. the act establishes a monthly period for the payment of remuneration by the financial authorities from the date of determining the value of the treasure, — Zhoga said.
However, questions still arise when paying remuneration. According to the expert, there is no such item in the budget as a reward for a treasure, and there is no extra money in the budgets either, so it is impossible to receive a payment within a month.