Statement of the museum regarding private archaeological collections and cooperation of museums with their owners

18.09.2023

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The National Museum of the History of Ukraine has familiarized itself with the proposal of the director of the Public Organization "Ukrainian Museum of Private Collections, Historical Arms and Armor of Yevgenii Gredunov" regarding the joint exhibition of archaeological objects in his possession, which can be found at the link.

The museum team responds as follows.

Private collections of antiquities are a well-known but rudimentary phenomenon. Even 100 years ago, when state museums did not exist, these collections played a great positive role, laying the foundation for the city and later state museums. Since then, society, legislation, principles, and mechanisms of museum collection formation have changed. Today, everything that was once acquired or is acquired illegally is subject to strict control by the state and European institutions. This is especially the case when it comes to private collections, which include archaeological objects or those related to archaeological contexts (burials, settlements, fortifications, battle sites, treasures, etc.).

Despite the undisguised desire of modern collectors to be like the well-known Khanenkos and Tereshchenkos, there is a significant difference between them. The Khanenkos gathered their collections to create a public museum. At the same time, the efforts of modern collectors are aimed at private ownership and capitalization of the national cultural heritage that belongs to all citizens.

A number of investigations have established that the formation of such collections occurs due to the acquisition of objects originating from illegally conducted search operations on objects of cultural heritage carried out to search for movable objects. This activity, according to Clause 4 of Art. 298 of the Criminal Code of Ukraine is punishable by imprisonment for two to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without.

Therefore, the collection of such objects is the acquisition, receipt, or sale of property obtained by criminally illegal means, which, according to Art. 198 of the Criminal Code of Ukraine, is punishable by arrest for up to six months, restriction of liberty for up to three years, or deprivation of freedom for the same term.

A certain part of items from such collections is treasures or parts of treasures that have exceptional historical, scientific, artistic, or cultural value. That is, according to clause 4 of Art. 343 of the Civil Code of Ukraine, the property of the state. Illegal appropriation of such treasures, in accordance with Art. 193 of the Criminal Code of Ukraine, is punishable by a fine from 100 to 150 of the tax-free minimum income of citizens or by community service for a period of up to 240 hours or by correctional work for a period of up to two years, or by arrest for a period of up to six months.

Therefore, by cooperating with private collectors of archaeological heritage, we would thereby violate the law and principles that the National Museum of the History of Ukraine adheres to in its activities, namely:

The provisions of the Statute of the National Museum of the History of Ukraine (new version), approved by the order of the Ministry of Culture and Information Policy No. 1790 of May 18, 2020;
the principles laid down in the Convention of the UN General Conference on Education, Science and Culture "On the Protection of the World's Cultural and Natural Heritage" (Paris, 1972), ratified by Decree of the Presidium of the Verkhovna Rada of Ukraine No. 6673-ХI of 04.10.1988;
the UNESCO Convention "On Measures to Prohibit and Prevent the Illegal Import, Export, and Transfer of Ownership of Cultural Values" (Paris, 1970);
ICOM Code of museum ethics (Seoul, 2004), according to which:

- illegally excavated objects are considered stolen by the National Museum of the History of Ukraine;

- the owner of a cultural object that was stolen is obliged to return this object;

- the museum accepts no object or specimen without a valid document confirming ownership. Appropriate due diligence should establish the entire history of the object from the moment of its discovery or creation;

our museum opposes the purchase by the state or collection of funds for the acquisition of objects if there is reason to believe that they may come from unauthorized or unscientific field research, intentional destruction, or damage to monuments;

- such an object or sample cannot be accepted unless the owner of the land or the person currently occupying it, or the competent authorities or government agencies have been notified of the find.

The museum shares the principles of the UNESCO Convention of 1970, according to which cultural values are considered one of the main elements of civilization and culture of peoples and acquire their real value only when the origin, history, and environment are known with certainty. Each state must protect the property of museum values located on its territory.

However, the museum considers the fact that the damage or disappearance of any samples of cultural values or the natural environment is a detrimental impoverishment of the property of all peoples of the world because some cultural and natural heritage values are of great interest, which requires their preservation as part of the world heritage of all humankind.

Therefore, in exceptional cases:

– the museum can be an authorized temporary repository of objects or samples of unknown origin, illegally collected or removed during official investigation and decision-making on their further fate (ICOM Code, clause 2.11);

- the exclusive collection or exhibition by a museum of an object whose origin is no information is allowed if it represents an outstanding contribution to knowledge and its preservation is in the interest of society (ICOM Code, clause 3.4)".

Any person in possession of an archaeological object may hand it over to the National Museum of the History of Ukraine for transfer to the state part of the Museum Fund of Ukraine, accounting and preservation following the procedure established by legislation, as provided for in paragraph 2 of Article 17 of the Law of Ukraine "On Protection of Archaeological Heritage."

On this occasion, we appeal to all museum institutions of Ukraine to avoid cooperation with private collectors of archaeological objects and not to exhibit their collections or individual finds. In conditions when the enemy is deliberately destroying our monuments, museums, and history, the archaeological "hobby" of private collectors only supports the criminal plans of the enemy.

Today, the cultural heritage of Ukraine is a matter of national security, protecting it is everyone's duty. And that’s what we call our citizens to do.

Glory to Ukraine!

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