Separation of Archaeological Items from the Treasure, Find

Abstract

The author of the article has made generalization of the changes o the legislation on the protection of historical and cultural monuments in terms of the legal regulation of the possibility of owning and disposing of objects of special historical, cultural and (or) scientific value. It is concluded that there are some problems associated with their practical application. Thus, during the appeal to the provisions of the European convention on the protection of archaeological heritage (revised), the norms of foreign and domestic positive law, the conditions for classifying objects discovered during excavations as archaeological, the transfer of ownership of them, as well as the conditions of lawful behavior of a person who inadvertently discovered an object with signs of archaeological during the course of economic activity. In addition, the criteria for differentiation of similar definitions, such as «archaeological object», «treasure», «find», are determined based on the study of law enforcement practice, in particular, court decisions, taking into account the position of persons engaged in the illegal creation and replenishment of collections of archaeological objects. The opinion is expressed by the author that there are certain difficulties caused by the need to include objects discovered before September 1, 2016 in the non-state part of the Museum Fund of the Russian Federation as well as ways to overcome them in practice