Конституция РФ, ст.44.3: "Каждый обязан заботиться о сохранении исторического и культурного наследия, беречь памятники истории и культуры"
Согласно законодательству РФ археологические памятники, включая движимую их часть, со дня обнаружения являются государственной собственностью и подлежат охране. Свободный оборот археологических артефактов запрещен (ст. 49-50 ФЗ № 73) и преследуется по закону (ст. 175 УК, ст.164 УК, ст. 14.2 КоАП). Археологические разведки и раскопки без разрешения (Открытого листа), выдаваемого Министерством культуры, запрещены и преследуются по закону (ст. 243 УК, ст.164 УК, ст. 7.15 КоАП).
В случае обнаружения фактов незаконных археологических разведок и раскопок, металлопоиска, купли-продажи археологических артефактов, необходимо поставить об этом в известность правоохранительные органы и органы охраны памятников по телефону и e-mail. Желательно также отправить письменные запросы по выявленным нарушениям. Можно сделать это или самостоятельно, используя Памятку, или обратиться в Движение АМАТОР
Archaeological heritage should belong to the peoples of Russia, not to looters, middlemen and collectors of artefacts from illegal excavations
An open letter to the President and to the Prime-Minister of Russian Federation
Archaeologists of Russia are very anxious about the fact that spontaneous plunder of archaeological monuments has been going on in Russia for the third decade. With the appearance of cheap radio-metal detectors, this plunder took at first the character of an epidemic and now it is becoming pandemic. Few years would pass, and nothing will remain from the archaeological heritage of our country except the dig up earth and artefacts thrown out from their archaeological context. As a result, such artefacts, and particularly these which came into so-called ‘private possession’, will be practically useless for historical research. With the advance of industrial development, care for archaeological sites and artefacts of the past is degrading with crucial acceleration.
The clause 44.3 of the Constitution of RF states: ‘Everyone has to care about preservation of the historical and cultural heritage and to keep safe monuments of history and culture’. Yet these right and noble words are lost in the sea of treasure-hunt advertising which is paid for by makers and sellers of metal-seeking devices. As soon as the snow thaws in the spring, the crowds of metal-seekers, ‘dark diggers’, ‘treasure-hunters’ and other ‘lovers of archaeology’ pour out to the fields, and only one law is valid for them - the law of gaining profit. There are nowadays not tens, but hundreds of thousands ‘treasure hunters’ who permanently make living in the way which was absolutely unthinkable only 30 years ago.
A great number of archaeological artefacts which have been acquired by pillaging ‘prospecting parties’ from illegal excavations are sold and re-sold. Their price grows up hundreds of times. They subside in private collections, and also they are smuggled abroad in mass. The owners of collections strive to legalize their business - they organize exhibitions, publish their collections and propagate in mass media their activity. The vertically integrated criminal business has been forming in Russia. It is trying to establish itself in the eyes of the society as an ‘alternative archaeology’ in order to gain favourable social reputation. This criminal business is dangerous to national interests of Russian Federation.
In modern rapidly changing political and social situation, Russian legislation, law-enforcement and court practice are unable to counteract adequately to both unlawful archaeological prospecting and excavations, and to unlawful circulation of archaeological artefacts. This legislation was formed at the time when nobody could even imagine such technical advance which, unfortunately, initiated and encouraged the plunder of national archaeological heritage. Harsh, firm and prompt measures are necessary just now - otherwise it will be too late. In regard to this situation, we are appealing to you. We demand:
- By a Decree of the President, or by the decision of the Government to recognize radio-metal detectors, geo-radars and other mechanical searching devices as ‘specially designed means’; to apply to them all corresponding limitations for their sale and use, including licensing them as this is done in the majority of European countries.
- To state unambiguously that archaeological artefacts are the state property and therefore they cannot appear in free circulation (exchange, donation, selling, making private collections). To apply the clauses of the Criminal Code and Code of Administrative Offences of RF (unlawful enterprising activity and unlawful trade business) to the unlawful circulation of archaeological artefacts.
- To use legislative measures, such as unconditional confiscation of archaeological artefacts (unlawfully extracted from the state ownership) in order to transfer them into the State Museum Reserve of RF.
- To add to the Criminal Code of RF a special clause, or introduce changes into the Clauses 243 and 164 in order to establish individual account for ‘ruining an archaeological site’; for ‘unlawful archaeological prospecting and excavations’; and for ‘stealing archaeological objects’, with differentiated responsibility of individuals: from high, banning fines to real imprisonment (deprivation of liberty) – depending on gravity of criminal actions and on the harm caused to the state property.
- To introduce drastic changes and additions into the legislation regarding protection of archaeological heritage in order to bring it into full accordance with the European convention ‘On the Protection of Archaeological Heritage’ which recently has been ratified by Russia.
- In accord to the existing international practice, to create a specific service: ‘archaeological police’ or ‘public-prosecuting service for the defence of sites and material artefacts of the historic past’ which must possess legal power and financial means for actual protection of the objects of historic-cultural heritage of peoples of Russia and for counteractions to the unlawful circulation of archaeological artefacts.
The countries of the Third World are trying today to return from their former metropolitan powers at least some elements of their national property which was looted and lost at the time of their colonial past. Our descendants and history itself would never forgive us, the citizens of Great Russia, if they find themselves in similar position. As long, as it is still possible to save something, do it.
With regard Archaeologists of Russia and supporting institutions and individuals