Ukrainian art ecosystem legal research (UALR Project): comprehensive analysis, legislation and policy recommendations development
The Project focused on developing a tangible and sensitive Ukrainian art ecosystem legislative framework to ensure clear rules for the circulation, acquisition, authentication, and cross-border movement of art objects.
The research is implemented via the five main tracks:
1. Trans-border movement of art objects
2. Legal forms of cultural institutions: current state and necessary changes
3. Registers and records
4. De-shadowing of Ukraine’s art circulation
5. Digital and blockchain-related technologies, NFT’s
The research has covered the main issues of the cultural ecosystem and art objects circulation legislation, Ukrainian cultural institutions functioning framework, the experience of the EU and its member states, and global best-practices. As a result, a set of research- and data-based amendments to the Ukrainian legislation and the respective draft laws/regulations have been developed.
The Project is implemented with the support of the Embassy of Switzerland in Ukraine and the Swiss Agency for Development and Cooperation (SDC).
Key beneficiary — Ministry of Culture and Information Policy of Ukraine.
Policy Paper
Legal forms of cultural institutions: current state and necessary changes
Link:
Based on the research and the Policy Papers findings, the Project’s team has developed a complex package of Draft Laws and Draft Regulations to amend the existing regulatory framework and ensure the new legislation for the cultural and art ecosystem of Ukraine.
Draft law
QR Link
Key findings
Amendments to the «On Copyright and Related Rights of Ukraine»
Introducing amendments to secure a mandatory written form of contracts regarding the transfer of ownership for objects of art, literature, and science
Amendments to the Tax Code of Ukraine
Amend the Tax Code of Ukraine in order to allow legal entities and/or private entrepreneurs, who carry out the activity of selling art objects developed by their own labour to be the payers of 3rd group single tax
Draft law introducing the amendments to the Law of Ukraine «On export, import and return of cultural values»
Changes to the definition of the «cultural values» with regards to the criteria of value and age in accordance with the EU practice
Draft law introducing the amendments to the Law of Ukraine «On export, import and return of cultural values»
Introducing the permissive order of import with the age and value thresholds for cultural values that require a permit for import being higher than for export
Draft law introducing the amendments to the Law of Ukraine «On export, import and return of cultural values»
Establishing a transparent procedure and criteria for the accreditation of authorized institutions that have the right to conduct state examination of the cultural goods
Draft law introducing the amendments to the Law of Ukraine «On export, import and return of cultural values»
Excluding the obligation to register the cultural values imported into Ukraine (as the information can be obtained from customs authorities on the basis of the relevant interdepartmental agreement)
Draft law introducing the amendments to the Law of Ukraine «On Preventing and Counteracting to Legalization (Laundering) of the Proceeds of Crime, Terrorism Financing, and Financing Proliferation of Weapons of Mass Destruction»
Including persons trading or acting as intermediaries in the trade of works of art to the list of obliged persons/entities of primary financial monitoring
Draft law introducing the amendments to the Law of Ukraine «On export, import and return of cultural values»
Establishing a «single window» principle for state expertise of the cultural values
Amendments to the Criminal Code of Ukraine
Introduce value limits, exceeding which criminal liability for smuggling of cultural values arises to the Art. 201 of the Criminal Code
Amendments to the Tax Code of Ukraine
Introducing a reduced VAT rate for the import of art objects (regardless of the age of the objects)
Draft law «On introducing amendments to certain Ukrainian legislative acts», including the changes to the Law of Ukraine «On Libraries and Library Affairs», the Law of Ukraine «On the National Archive Fund and Archival Institutions» the Law of Ukraine «On Culture», The Law of Ukraine «On Museums and Museum Business»
Amending the procedure for the functioning of the register and accounting of cultural values (objects) in electronic form in connection with the proposal to establish the unified Cultural Heritage Register
Draft Resolution of the Cabinet of Ministers of Ukraine «On the creation and operation of the Cultural Heritage Register»
A draft law introducing the creation and operation of the Register of Cultural Heritage.
Amendments Resolution of the Cabinet of Ministers of Ukraine No. 710
Increasing the number of employees of cultural institutions
Draft Order of the Ministry of Economy of Ukraine «On Approval of Amendment No. 11 to the National Classifier of Ukraine DK 003:2010»
Draft changes to the Classifier of Professions (open proposal draft to include cultural professions)