Let’s analyze Draft Law No. 12310, “On Amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine in Connection with the Ratification of the Council of Europe Convention on Offenses Related to Cultural Property.”
Nicosia Convention
On February 25, 2025, the Verkhovna Rada ratified the Council of Europe Convention on Offenses Related to Cultural Property (the Nicosia Convention).
The Nicosia Convention is the first international treaty aimed at combating the illicit trafficking of cultural property through criminal law. It defines a list of criminal offenses related to theft, illegal excavation, smuggling, document forgery, and money laundering resulting from the illicit trade in cultural objects.
The Convention obligates States Parties to strengthen
cooperation in investigating crimes and returning stolen cultural property.
The draft law “On Amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine in Connection with the Ratification of the Council of Europe Convention on Offenses Related to Cultural Property” (Reg. No. 12310), submitted by the President, is aimed at implementing the provisions of the Convention.
Key aspects of Draft No. 12310
The draft proposes amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine aimed at implementing Article 4 of the Convention (stating that illegal excavations for the purpose of searching for and removing cultural property without a permit constitute a criminal offense) and Article 10 of the Convention (stating that the unlawful destruction or damage of cultural property constitutes a criminal offense).
The draft specifies the elements of the offense and imposes stricter penalties for the unlawful conduct of archaeological surveys, excavations, or other land-based or underwater works (Article 298 of the Criminal Code) and for the intentional unlawful destruction, demolition, or damage to cultural heritage sites or cultural property, or the concealment of documents from the National Archival Fund (Article 2981 of the Criminal Code).
It provides for criminal liability for the intentional destruction, damage, or defacement of cultural heritage sites or cultural property included in the Museum Fund of Ukraine, the National Archival Fund, or the State Register of National Cultural Heritage (Part 3 of Article 2981 of the Criminal Code).
The amendments to Article 193 of the Criminal Code provided for in the draft are aimed at aligning its terminology with Part 4 of Article 343 of the Civil Code (replacing the phrase “that have special historical, scientific, artistic, or cultural value” with “that constitute cultural value in accordance with the law”).
The list of elements constituting the objective side of the offense under Article 921 of the Code of Administrative Offenses, “Violation of legislation on the National Archival Fund and archival institutions,” acts such as “damage” and “unlawful destruction” of archival documents have been excluded.
Analysis of the Consequences of Implementation
Draft Law No. 12310 is an important step toward ensuring the proper protection of Ukraine’s cultural heritage, in line with international requirements and standard practices.
A key element is the strengthening of penalties for crimes against cultural heritage, which may include substantial fines and imprisonment. This aims not only to punish offenders but also to prevent such crimes in the future by establishing more severe legal consequences.
Author: Barrister Victoria Zagorui
Source: https://zib.com.ua/ua/166171-zmini_do_kriminalnogo_kodeksu_schodo_zahistu_kulturnoi_spads.html