After 13 years of proceedings the confiscation of the painting Briullov “Christ in the sepulchre” upheld
Judicial Board on criminal cases of the Supreme court of the Russian Federation took a decision that should put an end to thirteen years of proceedings on the legality of the confiscation of German collectors of paintings by Karl Briullov “Christ in the tomb”. The painting will be stored in the Russian Museum, reports the press service of the Ministry of culture of the Russian Federation.
In 2002, born in the USSR and then emigrated to Germany, Alexander Pevzner acquired in Brussels painting by Karl Briullov “Christ in the tomb”, which had the signature of the author, as written by the artist for the chapel of count Adlerberg. In August 2003, Pevzner decided to bring the painting to Russia, that in the Russian Museum, it was restored and authenticated. He delivered a work of art in Petersburg and gave it to temporary storage in the Russian Museum.
However, the FSB officers confiscated the painting, filing a criminal case against Pevsner on article 188 of the criminal code (“Contraband”). According to the investigation, he imported painting from Belgium to Russia was made deliberately false information in the customs Declaration, and he intended to sell her to the Russian Museum.
The collector himself calls such an assumption is ludicrous, arguing that was carrying the canvas to Russia for restoration, and the case against him filed with the “purpose of raider capture of pictures.” The cost of painting in the Russian Federation estimated the total at 9.4 million rubles, and at foreign auctions only sketch one of the works bryullova size 60×70 cm, was sold in 2005 for 750 thousand dollars.
The case was subsequently dismissed for Statute of limitations. The law that instituted the case was decriminalized. Advocates insist that the picture is not a gun crime and cannot be confiscated, as the case was not submitted to a conviction. Also, says the defence, decision of the Russian court violated the rights of Irina Pevzner, who is the co-owner of the picture and was not brought in as a suspect.
Since then, it took many ships, and 28 April 2016, the Supreme court decided to confiscate the painting from Alexander Pevzner and transfer it to the Russian Museum, where she was all this time kept.
Collectors appealed this decision and appealed to the presidential Council on human rights, stating that the Supreme court has created a precedent which allows the court “to confiscate the property lawfully owned by individuals, without the trial and sentencing.”
Note, in the Russian Museum does not doubt the “legal perfection” decisions of the armed forces and noted that “the masterpiece of this level of rarity and uniqueness should belong to the state”.