The Middle Ages in the package: how smugglers use the digitalization of museums

FSB officers detained two men in the Tambov region who were trying to send 135 medieval artifacts to Britain and France. The examination revealed that the objects belong to the culture of Northeastern Russia and the Western Caucasus, are of historical and scientific value, and their export from the country is strictly prohibited. The cost of the batch was estimated at about 1 million rubles. The court sentenced both defendants to five years and six months in prison, suspended with a probation period of three years and six months. The verdict came into force, and the seized valuables were transferred to the state to resolve the issue of their inclusion in museum collections. Izvestia investigated how the illegal antiques market works today.

They're bringing culture

According to the data provided in the official reports of the Federal Customs Service of Russia, since 2020, more than three thousand cases of illegal export of cultural property totaling over eight billion rubles have been identified in the country. We are talking about the totality of identified cases — from attempts to transport coins and orders to large shipments of paleontological rarities.

For example, in the Amur region, two defendants appeared in court in the case of attempted smuggling: they tried to smuggle almost 939 kilograms of mammoth tusks worth more than 24 million rubles. A Russian man was detained in Sheremetyevo who was trying to take 455 state awards, 37 archival documents and a bronze bust of Marshal Voroshilov to China. Both cases are qualified under Article 226.1 of the Criminal Code of the Russian Federation. Thus, the claimed eight billion rubles is the total estimate of the seized over several years, and not a one—time damage. Nevertheless, the dynamics are obvious: if in 2020 we were talking about isolated cases, now there are thousands of episodes.

Digital catalogs as a price list for the shadow market

Experts and antique market participants interviewed by Izvestia agree that the current surge in interest in cultural property smuggling is not an accident. Smuggling is undergoing a renaissance, and one of the reasons is the digitalization of museum collections. On the one hand, this opens up access to the heritage for researchers and the general public. On the other hand, it creates unprecedented opportunities for unscrupulous players. When catalogs with detailed descriptions, provenance, and photographs of unique items become available online, they turn into a kind of price list for the shadow market. Collectors and resellers have the opportunity to identify specific exhibits, assess their rarity, and — theoretically — order "execution" from intermediaries with access to the vaults.

The black market is coming to life: from orders to "copies"

In parallel with the customs statistics, the domestic black market of antiques has also revived, where unique exhibits can be found. The most dynamic segment is the USSR state awards. The Orders of the Red Banner and the Red Star of the Great Patriotic War are sold for millions of rubles, and the price increases dramatically if the owner's biography and his feat are known. Trading is conducted in closed Telegram channels and on specialized forums. To circumvent moderation, sellers place real rewards in replica sections by adding the word "copy" to the description. At the same time, the buyer understands perfectly well that he is purchasing the original. Reputable antique dealers refuse such deals because of the risk of criminal liability, but the shadow segment is only growing from this.

The judicial statistics under Article 226.1 of the Criminal Code of the Russian Federation are also indicative. In Chelyabinsk, a local resident who was selling collectibles sent orders and medals created more than 50 years ago by international mail, hiding the contents from customs control. The court fined him 300,000 rubles, and confiscated his orders and medals. The laptop and cell phone, recognized as instruments of crime, are also converted into state revenue. In Moscow, 93 objects of cultural property worth over 5 million rubles were illegally imported from abroad - paintings, porcelain figurines, kitchen utensils and military uniforms of the XIX—XX centuries were moved by mail for further sale. The court limited itself to imposing a fine of 600 thousand rubles on the accused.

What the law says

Criminal liability for the smuggling of cultural property in Russia is built up quite rigidly, but with reservations that in practice allow the defendants to avoid actual imprisonment. Lawyer Ekaterina Krasnova told Izvestia about this.

"The key norm is Article 226.1 of the Criminal Code of the Russian Federation," the expert explains. — As amended from April 1, 2024, part one of this article provides for liability for the illegal movement of cultural property on a large scale across the customs border of the EAEU or the State border of the Russian Federation with the EAEU member States. The maximum penalty in this part is imprisonment for up to five years." It is under this article that the cases in Tambov, Chelyabinsk and Moscow are qualified.

Krasnova draws attention to an important nuance: with the entry into force of the amendments, the act under the first part of Article 226.1 of the Criminal Code of the Russian Federation was classified as a crime of moderate severity.

"This led to a reduction in the statute of limitations for criminal prosecution. In addition, the courts have received more opportunities to impose punishments that are not related to isolation from society, up to suspended sentences, which we see in the Tambov case," the lawyer notes.

There is also a related composition — Article 190 of the Criminal Code of the Russian Federation, which concerns the non-return to the territory of Russia of cultural property exported outside its borders, if such return is required by law.

"The sanction here is stricter: forced labor for up to five years or imprisonment for up to eight years with a fine of up to one million rubles. But this rule applies to those who took out valuables legally — for example, for an exhibition — and did not return them on time. 226.1 works for smugglers who initially operate illegally," Krasnova clarifies.

According to the expert, a separate layer is administrative liability under Articles 16.2 and 16.3 of the Administrative Code of the Russian Federation for non—declaration and non-compliance with prohibitions. These rules apply when the value of the items does not reach a large size or the intent to smuggle is not proven.

"In practice, this creates a fork in the road: for the same actions with a batch of medieval artifacts, you can get a suspended sentence, or you can get a fine and confiscation. A lot depends on the qualifications of the investigator and the position of the prosecutor's office," summarizes Krasnova.

What does it mean

The observed increase in the number of cases of cultural property indicates a clash between the technological openness of museum funds and the shadow economy of antiquities. Digitalization has not created a black market from scratch, but it has lowered the entry threshold for those who are willing to search and pay. Customs and the FSB catch the courier performers with mammoth tusks, medieval artifacts and coins in their wallets. However, orders seem to be formed where catalogs are open, and provenance is transparent enough to interest the buyer. While museum archives are becoming more accessible, the shadow side of this access remains in a "blind spot". And the Tambov suspended sentence is more of an alarming signal than a reassuring one: the seized artifacts have returned to the state, but the mechanism that gave rise to their journey to the West has not gone away.