On February, 14, 2006 the parliamentary hearings « About legislative
measures and technical methods of counteraction to a turnover of counterfeit,
forged and poor-quality production in the Russian Federation »
took place in the State Duma of the Russian Federation. The
Hearings were organized by the Committee on Economic Policy, Business
and Tourism, and had passed under the presidency of Katrenko V. S. the
vice-president of the Federal Assembly of the State Duma of Russian Federation.
Experts of « The National organization of Art Experts » (NOEXI) had been
invited to participate in hearings. The chairman of board of NOEXI, general
director of The State Federal Institution of Culture - The State Center
for Museums and Exhibitions «ROSIZÎ» Evgeny Zyablov made a report on behalf
of the Guild of experts.
The summary of the report « About
a current state of affairs and measures of counteraction to a turnover
of the forged cultural values », prepared by NOEXI to the parliamentary
hearings on February, 14, 2006:
The current state of affairs;
The quantity and quality of the forged works of art of different periods
of art development in hundreds and thousands of pieces joining in a cultural
circulation, allow us to speak about a new danger, the most serious from
the point of view of people of art, - about the tendency of creation of
the alternative, forged history of arts.
The unfavorable state of affairs in the branch is underestimated or hashed
by professional participants of relations of the market of cultural values.
And all of them usually represent the situation with falsifications, as
separate regrettable cases.
About the conditions of the
If the legislative and administrative regulation of the branch represented
the complete design unequivocally defining cultural values, as an object
of regulation, and also the categories of subjects of relations in connection
with the given object, then the following undeveloped direction of work
would be the theme of the responsibility of subjects, i.e. the participants
of transactions with works of art.
Unfortunately, it is necessary to take into account that legal proceedings
in the Russian Federation frequently have an accusatory character but,
concerning the works of art, there is no uniform criterion scale of legislatively
approved rules and standards of examination and trading, on which the
judicial system should be based.
The main problem is that the Russian legislation never before had considered
cultural values in general and works of art in particular as an object
of market relations. And the decision of problems of legislative counteraction
to the turnover of the forged cultural values by introduction of the norms
of direct action is possible only in a context of regulation of the market
of cultural values.
Offers of NOEXI on perfection
of the current legislation;
1. To start drafting the branch law « About the market of cultural values
» or « About cultural values » (by analogy to laws of the Russian Federation
« About the securities market » or « About medical products »).
2. At a level of administrative regulation and self-regulation to recommend
the state executive bodies, professional associations of participants
of the market of cultural values, within the limits of their competence,
to establish corresponding standards of the state and private services,
and also to accept the rules of professional activities providing among
other, the requirements on granting of the information.
3. To introduce into the current legislation the changes eliminating out-of-date
norms, which are constraining process of legalization of the turnover
of the works of art. In particular, it is proposed to change two norms
of the law of the Russian Federation « About export and import of cultural
About an interdiction to private persons on export without return of the
cultural values created more then 100 years ago. It is necessary to keep
this restriction only on export of especially valuable objects of a national
The 20-years term of legal context of acquisition stipulated by the Law
for cultural values as the basis of origin of the property right, to change
on 5-years as provides the Civil code of the Russian Federation concerning
the term of legal contest of acquisition for movable things.
Self-regulation in the field
of cultural values;
In Russia, in the sphere of cultural values two professional organizations
operate already in whose charters the norms on introduction of high professional
standards, ethical norms and rules, and also on the control of their execution,
are written down:
« The International confederation of Antique Dealers and the Art Dealers
» (ICAAD )
and « The National organization of Art Experts » (NOEXI ).
ICAAD unites the majority of the largest antiquarian salons and galleries.
NOEXI - the majority of leading experts in the field of art.
The requirements shown by the society and the state to the similar organizations
are clear enough by analogy to other branches where the significant part
of the state functions is already delegated to self-adjustable professional
Communities of experts and antique dealers have essentially different
positions on many questions. But what is principally important - the purposes
of both public associations are the strengthening of their reputation
and increase of trust to their members. Hence, these organizations are
potential partners of the government in development and regulation of
the market of cultural values.
The conveyor of falsifications in the last some years had an opportunity
to develop freely because of a number of the objective reasons. Among
them there is the inability of the basic expert forces to distinguish
the new phenomena in time.
The unwillingness of Russian experts to put up with their objective helplessness
before the face of the « new challenges » was one of the reasons of their
association in « The National organization of Art Experts ».
Having united in the self-adjustable organization, experts of NOEXI as
one of the first programs of activity of the Guild have founded the special
program for studying the problems of falsification of Russian art of second
half of the XIX century.
Within the limits of development of this program, in 2006-2007, it is
supposed to carry out the reference researches of the West-European painters
- "twins" of the Russian ones, and the work to return the original
authorship to the forged works. And, probably, it will be possible to
carry out the exhibition project in which original works of the West-European
and Russian artists - "twins" will be shown together, and the
revealed falsifications, which "renamed" the first in the second
Certification and marking
of works of art;
To the falsifications based on substitution of original works of art by
high-quality copies, it is possible to resist most effectively at a level
of technical methods by certification of each valuable work of art.
Under such certification we understand creation of complex "file"
of the product which will include images of non-reproducible by falsifiers
fragments of a work of art and other information, including special marks.
The passport of a work of art also is necessary for an establishment of
truth in case of various disputes including judicial, and also in cases
The expert institute «Art Consulting», during rendering services on carrying
out of complex examination of works of art for over two years, in practice
has fulfilled algorithm of certification on the basis of electronic micro-X-ray
photograph. And the system of micro-marks "Art-Dot" has been
tested on exhibits of several export exhibitions of The State Polytechnical
Museum and on the values belonging to the Russian Orthodox Church in the
With a view of development and coordination
of this important direction of counteraction to a turnover of falsifications,
we support the project of creation of the «Russian Center of marking and
identification of cultural values». The mission of the Center should be
the approbation and introduction of new technologies, and also creation
of complex methodologies of protection of cultural values.