Legal representation in the cultural property dispute
One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in a court in cases in the field of the cultural property disputes. In our practice, we face with various types of cultural property disputes at different stages of resolution, including pre-trial and trial. Our advantage is the extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features associated with the cultural property disputes require an individual approach to each specific case and careful legal analysis.
Disputes regarding cultural property
Cultural values are movable objects of the material world, regardless of the time of their creation, having historical, artistic, scientific or cultural significance. At the same time, cultural values of particular importance are cultural values classified by the criteria established by the Government of the Russian Federation as cultural values of particular historical, artistic, scientific or cultural significance.
The greatest number of disputes arise in transactions regarding the cultural property, import and export of cultural property, and rights to cultural property. Often disputes regarding the cultural property are interstate.
Types of cultural property disputes
- Disputes regarding the title to cultural property
- Disputes regarding smuggled cultural property
- Disputes regarding the possibility of exporting cultural property
- Disputes arising from transactions regarding cultural property
- Disputes regarding the possibility of importing cultural property
- Other disputes regarding the cultural property
Dispute Resolution Procedure for Cultural Property
Disputes related to the cultural property are resolved both through negotiation and in court. Both of these methods are quite effective in modern times.
The claim or other pre-trial procedure for dispute settlement is mandatory in cases stipulated by law or contract (part 5 of the Russian Federation, paragraph 7 of article 132 of the Code of Civil Procedure of the Russian Federation, part 3 of article 4 of the Code of administrative procedure of the Russian Federation).
It should be borne in mind that not all disputes related to cultural property can be resolved using method such as negotiation. The problem with the negotiations is that they cannot guarantee that the dispute will ultimately be resolved, nor can they provide a final binding solution secured by coercive force. At the same time, it is recognized fact that alternative dispute resolution mechanisms such as negotiations are less expensive and take much less time than litigation.
In our practice, we are faced with different disputes regarding cultural property at different stages of resolution, including pre-trial and judicial. Our advantage is the availability of extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features related to disputes regarding cultural property require an individual approach to each specific case and careful legal analysis.
- Legal analysis of documents and other evidence submitted by a client regarding the the cultural property disputes
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on the cultural property disputes