Cultural Property Disputes
Legal services for representation in court in cases of cultural property.
Cultural values are objects of the material world, regardless of the time of their creation, having historical, artistic, scientific or cultural significance. At the same time, cultural property of particular importance are cultural values classified in accordance with the criteria established by the Government of the Russian Federation as cultural values of special historical, artistic, scientific or cultural significance.
The greatest number of disputes arise when making transactions in relation to cultural property, import and export of cultural property, as well as contesting the rights to cultural property. Often disputes over cultural property are interstate in nature.
Types of disputes regarding cultural property
- Disputes over legal title to cultural property
- Disputes over illegally exported cultural property
- Disputes over the possibility of exporting cultural property
- Disputes arising from transactions in relation to cultural property
- Disputes over the possibility of importing cultural property
- Other disputes regarding cultural property
The procedure for considering disputes in relation to cultural property
Disputes related to cultural values are resolved both through negotiations and in court. Both of these methods are quite effective in modern times.
It should be borne in mind that not all disputes related to cultural property can be resolved using such a method as negotiations. The problem with negotiations is that they cannot guarantee that the dispute will eventually be resolved, nor can they provide a final and enforceable binding solution. At the same time, it is a recognized fact that alternative dispute resolution mechanisms such as negotiation are less costly and take much less time than litigation.
In our practice, we are faced with various disputes regarding cultural property at different stages of resolution, including pre-trial and judicial.
The peculiarities associated with disputes regarding cultural property require an individual approach to each specific case and careful legal analysis.