for the return of Scythian gold to Russia, it is necessary to change legal tactics
Recently, a court in the Netherlands ruled to transfer the collection of Scythian gold from Crimean museums to Ukraine. To win the appeal, Russia must take part in the trial
Updated at 16:37
Head of the Administrative Council of the International Association “Tavrida” Alexander Molokhov declaredthat there are chances for the return of the Scythian gold collection. To do this, it is necessary to change tactics in court and involve the Russian Federation as a party to the dispute.
According to him, the Dutch lawyers who represent their interests are conducting this case without discussing the issue of the ownership of Crimea.
The position that this is not an interstate dispute, but the Crimean museums with the Dutch, turned out to be ultimately erroneous, Russia, following Ukraine, should act as a third party in this dispute, says Alexander Molokhov:
– When the state of Ukraine intervened in this process in the Netherlands as a third party, at that moment, in my opinion, the Russian Federation should certainly enter the process as a state, because Scythian gold is an integral part of the museum fund of the Russian Federation. In the format of such a normal District Court of Amsterdam, it is not authorized to consider such a dispute. We have three months left to file a cassation appeal, if God forbid, this decision will remain in force, which has already been adopted by the appellate instance, this will mean only one thing, that the gold will go to Kiev, and there it will certainly be plundered, and we we will never see him again. Therefore, now it is imperative to file a cassation appeal on behalf of the Russian Federation. Because the state of Russia has a different political and legal weight than the four Crimean museums, with all due respect to them. In fact, they remained on one account Ukraine in the Dutch court. This is no good, we left them to fend for themselves in this process. I am very optimistic about the recent decision of the Supreme Court of the Netherlands, the instance that should now file a complaint on Scythian gold, on the abolition of the collection of 50 billion from Russia in favor of the Yukos society.
– We understand that if the Supreme Court of the Netherlands takes, well, let’s say, the Russian position on Scythian gold.
– Of course, Holland will not recognize Crimea as Russian, no illusions are needed. She can conclude that the dispute over the Scythian gold is a dispute about its belonging to one or another party, which is subject to consideration by an ordinary Dutch court. The collection will remain in Holland for now, and this is not the worst option for Russia in a situation where we have already lost two instances.
The Kremlin did not comment on the latest decisions of the Dutch court. By the words Press Secretary of the President Dmitry Peskov, the issue is being dealt with by the Russian Ministry of Culture.
Whether the Russian authorities will want to participate in this case is a big question. Alexey Karpenko:
Alexey Karpenko Attorney at Law, Senior Partner of Forward Legal
In the long term, the participation of the state in this process can harm the case, says Denis Yurov, senior partner of the Delcredere Bar Association:
Denis Yurov Senior Partner of the Delcredere Bar Association
The Scythian gold collection has been kept in the Amsterdam Museum since 2014. It includes more than 2 thousand items, the insurance value of which is estimated at 2 million euros. Gold came to the exposition in the Netherlands when Crimea was still Ukrainian. The dispute over who to return it to has been going on for seven years.
In December 2016, the District Court of Amsterdam decidedthat Scythian gold should be returned to the Ukrainian in accordance with Dutch cultural heritage laws. Crimean museums have filed an appeal. Two years ago, the court ruled that the issue of cultural heritage had nothing to do with it, and demanded to collect more information regarding the rights of the parties to the exhibits.