The mystrery of melnikov’s house

CONTENTS
Hypotheses
Biography
Experimental house-workshop
of Konstantin Melnikov
ЗАВЕЩАНИЕ ГОСУДАРСТВУ
(КАК ОБОЗВАТЬ НА АНГЛЕ?)
Elena Karinskaya’s share
Definition
Legal acts
Слайд Ники
Italy. Cultural property (Succession & Renovation)
France (Succession & Renovation)
Russia. Cultural heritage
Conclusions

HYPOTHESES
1. Legal definitions “cultural heritage” and “cultural property” have different meanings
2. Public interest should be taken into account in case of cultural property succession, including cases of inheritance
3. Who is the proper owner of the Melnikov`s house? If the Russian Federation is entitled to open a Museum in House and obliged to renovate the House?

BIOGRAPHY
Russian and Soviet architect, artist, teacher, one of the leaders of the avant-garde in Soviet architecture of the 1920s-1930s.
"the great Russian architect of modern times"
The 100th anniversary of the architect in 1990 was marked by UNESCO as the year of Constantine Melnikov.

Designed and built by Konstantin Melnikov in Krivoarbatsky Lane in Moscow on the «Система Мельникова».
Three-story mansion is considered the pinnacle of the architect's creativity.
Experimental house-workshop
of Konstantin Melnikov

The construction looks like two multi-high cylinders that are one-third embedded in each other.

Now around the house a scandal broke out. The house currently houses the granddaughter of the architect, whom the state wants to evict to make a museum in the house.

ЗАВЕЩАНИЕ ГОСУДАРСТВУ
(КАК ОБОЗВАТЬ НА АНГЛЕ?)
«Anyone may bequeath all or part of his or her property to one or more lawful heirs, or to a legal person, the State or local authorities».
According to this, Viktor has leaved his part of the house to the Russian state, on the condition that there would be created a museum of Konstantin and Viktor Melnikov.
At first, in 2003 Viktor made the deed in favor of her youngest daughter, Elena Karinskaya. But then, in 2003 he accused her of cheating and excluded her from probate. As testamentary executor Viktor called his older daughter – Ekaterina.

ELENA KARINSKAYA’S SHARE
As for the ownership right, according to the decision of Presnensky Intermunicipal Court of Moscow dd 09.12.2013 Karinskaya owns 1/4 of Viktor Melnikov inheritance property. Viktor Melnikov’s mass of the succession includes 1/2 of the House and so Karinskaya owns 1/8 of the House ownership.

HOW SHE OWNS ¼ OF HER FATHER INHERITANCE PROPERTY?
The Russian Civil Code provides for a limited range of heirs the right to an obligatory share in the inheritance.
The rules on the compulsory share in the inheritance are imperative. The freedom of the will is limited by the rules on the compulsory share in the inheritance.
That share must be half of the share to which they would be entitled under legal succession (compulsory share).

POSSIBILITY TO LOSE THE RIGHT TO BECOME THE HEIR
The right to claim a compulsory share exists from the moment the inheritance becomes available.
Persons who are entitled to an obligatory share in the inheritance (obligatory or necessary heirs) can not be deprived of the right to inherit it.
The right of a compulsory heir to his reserved portion may not be withdrawn unless a ground for disinheritance exists.

DEFINITION

LEGAL ACTS

Слайд Ники

ITALY. CULTURAL PROPERTY
in particular, buildings, which according to special legislation are recognized as
of historical, archaeological and artistic interest, and are part of the property of the state (including provinces and communes)
(Art. 822 of the Italian Civil code)

SUCCESSION
Can not be disposed:
- Buildings which are not included in the list
- Buildings related to the art and historical heritage of the provinces and communes
Other buildings can be disposed, but on the basis of specific permission.
Contents of the permission:
- measures for its preservation,
- types of use inconsistent with the historic or artistic character
- types of public use of the building based on previous assignments;
- the grounds on which the agreement about disposal of the building can be terminated.

Private owner is obliged to:
Inform Ministry of culture about disposal of cultural property
Purposes:
1. To inform an authority body about cultural heritage owner
2. To afford a government realize his right of first refusal.

RENOVATION
Government can participate in financing of the restoration works, but no more than ½ of value.
But:
Buildings, renovated at state expense or with its participation should be open to the public access.

FRANCE
Thus, the concept of cultural property consists of two features:
1) historical, fiction, mythological, scientific or scenic value;
2) specific legal order

SUCCESSION
Owners can dispose cultural property only won the basis of the permission of the Ministry of culture.
New owner is obliged to:
- ensure the safety of cultural property,
- to provide preserve a free(free or paid) access for the public.

RENOVATION
Protected monuments can't be destroyed or renovated without the specific permission.
Ministry may obliged the owner to restore the building.

RUSSIA. CULTURAL HERITAGE
immovable property (including archaeological heritage) and other facilities with historically related territories, paintings, sculpture, decorative-applied art, objects of science and technology and other items of material culture resulting from the historical events, representing value from the point of view of history, archeology, architecture, urbanism, art, science and technology, aesthetics, ethnology or anthropology, social culture and being an evidence of civilizations, authentic sources of information about the origin and development of culture.
Cultural property?

Restrictions of the property rights:
the owner is obliged to:
- to ensure the safety and permanence of shape of the cultural property;
- to comply with article 5.1 of this Federal law the requirements for carrying out activities within the territory of object of cultural heritage included in the register, a special regime of use of land, water object or its part, within which the facility is located archaeological heritage;
- to prevent the deterioration of the object of cultural heritage included in the register, maintain the territory of object of cultural heritage in a comfortable condition.

The owner shall comply with the requirements of the preservation of cultural heritage in the part of providing for maintenance of cultural heritage or part of cultural heritage in good condition without deterioration of physical condition and changes of the subject of protection of cultural heritage.

Public access:
- The requirements for providing access to cultural heritage should not lead to the impossibility of use by the owner of cultural property.
- In the case that the interior of the object of cultural heritage does not belong to the subject of protection of object of a cultural heritage, the requirement to provide access to the interior of the object of cultural heritage included in the register, can not be installed.

Conclusions:
- No specific provisions on the restrictions of cultural property succession\disposal
- No specific provisions on duty of Government to finance renovation
- Provisions on the public access to cultural property is undefined

CONCLUSIONS
The term “Cultural heritage is broader then «cultural property” and includes also “intangible cultural heritage”. For Melnikov`s House the term “cultural property” is more appropriate. Cultural heritage of the Peoples of Russia Act (2002) regulates legal order of use the cultural property, not cultural heritage.
Italy and Germany legislation contains specific provisions about cultural property succession. Russian legislation do not provide any restrictions on the cultural property succession.