The painting Briullov «Christ in the tomb» will return to a German collector

© RIA Novosti / Alexei Danceparty in potenciometer the painting Karl Briullov Christ in the tomb. Archival photoThe painting Briullov «Christ in the tomb» will return to a German collector© RIA Novosti / Alexei Danceparty the image Bank

The Presidium of the Russian Supreme court canceled the decision on the withdrawal of the painting Briullov «Christ in the tomb» from a German collector Alexander Pevzner in favor of the Russian Museum, the painting will now return to its owners, told RIA Novosti lawyer of the collector Maxim Krupsky.

«The appeal decision of 28 April 2016 cancelled, which means that the picture will be returned Pevsner in accordance with previous decisions,» he explained.

The Presidium of the Supreme court on Wednesday quashed the decision by which the painting was seized from a collector and transferred to the Fund of the Russian Museum.

According to the materials of the case, the work bryullova «Christ in the sepulchre» was legally purchased by spouses Pevzner in Brussels. In 2003, the collector decided to bring the painting to Russia to sell her to the Russian Museum. The value of works of art the result was estimated at more than 9.4 million rubles.

According to investigators, the collector agreed with the Russian customs officers on import pictures without proper registration. The painting was seized, and against Pevsner opened a criminal case under article «Contraband». Subsequently, the court dismissed the case due to Statute of limitations, and «gun crime» — a picture of — the court decided to return to the rightful owner. The Prosecutor’s office with this decision, disagreed, and in April 2016, the Supreme court ruled to confiscate the picture and send it in a Russian Museum.

The collector has challenged this decision in the constitutional court of the Russian Federation, who is obliged to obtain the consent of the accused in the confiscation of instruments of crime upon termination of their cases with the lapse of time.

The COP noted that the court must explain to the defendant that the termination of the case will lead to the confiscation of its property recognised as a material evidence. In that case, if the defendant objected, the proceedings should be brought to the sentence, including the indictment with the release of the convicted person from punishment, according to the ruling.