On 25 February 2025, the Verkhovna Rada of Ukraine adopted the Law “On the Ratification of the Council of Europe Convention on Offences relating to Cultural Property”— the Nicosia Convention. This document opens new legal avenues for the protection of cultural property in the context of the Russian Federation’s full-scale aggression against Ukraine, particularly in the temporarily occupied territories.
The ratification of the Convention marks a crucial step, given the systematic destruction of Ukraine’s cultural heritage by the occupying forces. In particular, on the territory of the Autonomous Republic of Crimea and the city of Sevastopol, the occupation administration has been conducting illegal archaeological excavations, demolishing architectural monuments, and extensively exporting artifacts to Russia. Of particular concern is the situation with the Khan’s Palace in Bakhchysarai — a national heritage site included in Ukraine’s Tentative List for UNESCO nomination. Under the guise of “restoration,” the palace is being subjected to irreparable damage.
The key threats facing cultural heritage in the temporarily occupied territories of Ukraine — particularly in Crimea — include large-scale illegal archaeological excavations, the deliberate destruction or damage of historical monuments, the unlawful removal of cultural property from museums on the peninsula, and unregulated construction carried out without regard for the protected status of territories and sites. These actions pose a serious danger to the preservation of Ukraine’s authentic cultural landscape.
The Nicosia Convention sets out a comprehensive list of offences against cultural heritage. These include theft, forgery, and the illegal transfer of cultural property; conducting unauthorized archaeological excavations; falsifying ownership documentation; the intentional destruction of both movable and immovable cultural heritage objects; and the advertising of stolen artifacts for sale online.
The Convention also establishes the principle of mandatory verification of the legal origin of cultural objects, significantly complicating the illicit circulation of artifacts — especially those removed from temporarily occupied territories. Ukraine views the Convention’s provisions as a legal basis for the international search and recovery of cultural property, the extradition of individuals suspected of offences involving cultural objects, and the effective provision of mutual legal assistance in investigations and prosecutions.
As part of implementing the Nicosia Convention, Ukraine has designated central authorities responsible for international cooperation in criminal matters. The Ministry of Justice of Ukraine will coordinate judicial cooperation; the Office of the Prosecutor General will handle requests at the pre-trial investigation stage; and the National Anti-Corruption Bureau of Ukraine will engage in relevant cooperation within criminal proceedings under its jurisdiction.
The national implementation of the Nicosia Convention is accompanied by significant amendments to Ukrainian legislation. The draft law adopted alongside the ratification introduces changes to several key legal acts — in particular, the Laws of Ukraine “On the Export, Import, and Return of Cultural Property,” “On Culture,” and “On Electronic Commerce.” It expands the list of protected objects to include antique items, artistic assemblages, rare documents, and archaeological and ethnographic artifacts. Certain provisions prohibit the import of items that are under investigation or have been illegally exported from other countries. Additionally, a new rule is introduced: if a cultural object is not returned within 90 days after the expiration of the agreed period, it is automatically considered to have been unlawfully exported.
The ratification of the Convention is also in line with the provisions of the Parliamentary Assembly of the Council of Europe’s Resolution “Countering the Erasure of Cultural Identity in War and Peace,” which was supported by the Ukrainian delegation and a number of international partners.
The Mission of the President of Ukraine in the Autonomous Republic of Crimea has consistently contributed to the development of decisions aimed at protecting Crimea’s cultural heritage. The Mission actively participated in parliamentary committee hearings, particularly those concerning the reintegration of the cultural space of the occupied peninsula, and supported the initiative to ratify the Convention.
Ukraine’s adoption of this instrument strengthens the country’s position under international law and provides additional tools for documenting crimes committed by the occupying state, pursuing legal accountability, blocking the illicit circulation of cultural property, and ensuring the return of stolen heritage to Ukraine.