I found an old coin of 1831 and the question arose: Why, if I found a treasure, is it a state one?
Not so long ago I discovered an old coin from 1831 in the garden. I was delighted! And I thought! Probably, each of us at least once in childhood dreamed of getting rich with the help of treasure. With age, it became clear that everything is not so simple. There is an opinion that if a treasure is found, it must be given to the state. Is it really? And who owns the found treasure?
Despite the fact that the chance to find the treasure is minimal, in Russian legislation, namely in the Civil Code of the Russian Federation, there is a whole chapter that regulates this issue. The chapter tells that in case of discovery of a treasure in which historical values are hidden, it is required to immediately give it into state ownership. In this case, 50 percent of the established value of the treasure is divided between the following persons:
- The person who discovered the treasure
- The owner of the land or other real estate on which the treasure was found.
These 50 percent are divided equally between the listed persons or in another order with the consent of the parties (Civil Code of the Russian Federation, article 233). As a result, it becomes clear that if you find a treasure on your territory, then you get 50 percent of its value. If the treasure is found on someone else's plot, then these 50 percent are shared with the owner of the land.
It is important to consider that if you find a treasure on someone else's site without asking the owner for permission, then you can not count on a reward. In this case, all 50 percent of the treasure will go to the owner of the site.
With the one who gets the treasure sorted out. Now you need to understand where to go and who to turn to after finding values. The procedure for this case has not changed since the Soviet period. The Ministry of Internal Affairs is responsible for the registration and storage of treasures and other finds.
The person who found the treasure must follow the following order:
- Remove the found treasure with a photo or video camera.
- Transfer the treasure to the local police department with an inventory of the contents.
- Obtain an act of receipt of content from a representative of the Ministry of Internal Affairs.
You need to go to the police immediately with three witnesses, which will prove the fact that it was you who discovered the treasure. After that, the contents of the find are given to appraisers, who will determine the value and value of the treasure. At the same time, the person who found the treasure has every right to track the assessment process.
It happens that the treasure does not carry any historical value. In this case, the person who found it can keep the contents for himself by paying personal income tax.
I think many have asked the question, is it possible to keep the treasure for yourself and not go anywhere?
There is no criminal liability for concealing the fact of finding a treasure. The maximum punishment is the withdrawal of the content with the subsequent cancellation of the reward.