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 «ROSIZλ 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 legislation;
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 values »:
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 cultural heritage.
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.
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 also presented.

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 of theft.
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 Kalujskaia district.

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.