Reference:
Sheremeteva N.V..
Forensic expert determination of the value of works of art in Russian legal proceedings
// Administrative and municipal law. – 2022. – ¹ 1.
– P. 67-78.
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Abstract: The relevance of the research of the Institute for the examination of works of art lies in the fact that it is the correct and accurate determination of the value of a work of art that makes it possible to make a legitimate and reasonable decision in criminal cases. In expert institutions, there are no problems in determining the value of mass-produced items, but problems arise when evaluating individual cultural values. We are talking about cultural values that have been withdrawn from free civil circulation and are in demand among collectors and other art lovers.
The article discusses the methodological basis for determining the value of works of fine and applied art. The evidence of the urgent need for the introduction of a professional forensic expert determination of the value of cultural property into criminal proceedings is presented. To determine the value of a work of art, it is necessary to establish the authorship, authenticity of the work, the time and circumstances of its creation.As a result of the research, the article identifies the necessary types of forensic research to determine the value of unique cultural values, namely tracological, documentary, materials science, historical, art history and a number of other examinations.
Currently, in the field of expert determination of the value of works of art, there are a large number of problems that need to be solved. Firstly, the development of a new examination, which would be called judicial value examination of works of art. Secondly, it is necessary to consolidate the norm that the value of a work of art should be determined only within the framework of a comprehensive forensic examination. Thirdly, we need a methodology acceptable for determining the value of any work of art. To do this, experienced specialists should be involved, who would develop standard requirements for the expert study of each type of works of art and for the preparation of an expert opinion.
Keywords: commodity expertise, cost, graphics, painting, art criticism expertise, comprehensive research, cultural values, a work of art, forensic examination, forensic technical examination of documents
References:
Arbitration Procedural Code of the Russian Federation No. 95-FZ of July 24, 2002 (as amended. Federal Laws of the Russian Federation dated December 30, 2021, No. 440-FZ, 473-FZ) // Collection of Legislation of the Russian Federation. – 29.07.2002.-No. 30.-Article 3012.
Civil Procedure Code of the Russian Federation No. 138-FZ of November 14, 2002 (as amended. Federal Laws of the Russian Federation dated December 30, 2021, No. 440-FZ, 473-FZ) // Collection of Legislation of the Russian Federation.-18.11.2002.-No. 46.-Article 4532.
The Criminal Code of the Russian Federation No. 63-FZ of June 13, 1996 (as amended. Federal Laws of the Russian Federation dated 30.12.2021, No. 458-FZ, 499-FZ) // Collection of Legislation of the Russian Federation. – 17.06.1996.-No. 25.-Article 2954.
Federal Law of the Russian Federation No. 135-FZ of July 29, 1998 "On Appraisal Activities in the Russian Federation" (as amended. Federal Law of the Russian Federation No. 351-FZ dated 02.07.2021) // Collection of Legislat