Holiday of “black archaeologists.” Did MP Taruta find a way to nullify the president’s bill?

15 August – Archaeologist Day. And just a few weeks ago a bill 15436 was registered in the Verkhovna Rada intended to create a legal framework for archaeologists’ activities and the circulation of their finds. The civic initiative “Holka” studied this document and explains what is wrong with it and why alarm should be raised.

The bill aims to wipe out claims against collectors who for decades bought or themselves illegally removed archaeological objects from the ground – in essence, stole them from the state. They propose to legalize the stolen goods like this: introduce the concept of “collector.” Anyone who has valuable items and wants to legalize them must simply submit a Declaration of Good-Faith Possession of Cultural Values to the Ministry of Culture. Experts there would only provide opinions about the value of the collectible items. After submitting the declaration and undergoing such an appraisal, the collector suddenly becomes a “good-faith” acquirer.

As Holka learned from informed sources in parliament, the text of the bill was prepared by lawyers of People’s Deputy and well-known collector Serhiy Taruta. Parliamentary colleagues of Taruta, who himself owns artifacts of Trypillia and Scythian cultures, confirm this off the record. Formally, the initiative’s authors became the chair of the Humanitarian Committee – Mykyta Poturaiev – and the chair of the Environmental Committee Oleg Bondarenko. Poturaiev also confirmed that “Taruta’s lawyers were involved in the preparation.”

It should be noted that this initiative serves both friend and foe. Currently Ukraine is demanding the return of exported valuables at the international level and relies precisely on the argument that they can only be in state ownership.

Deputy Poturaiev admits that the draft is imperfect and is only a working version meant to start a public discussion after ratifying the Nicosia Convention – a Council of Europe document aimed at countering crimes against cultural property.

According to international obligations, Ukraine must strengthen criminal liability for the destruction of cultural heritage, which is part of the state’s national security strategy.

And the state is fulfilling what it undertook. Another bill aimed at implementing these international obligations is President Volodymyr Zelenskyy’s initiative No. 12309, which passed its first reading and, according to Poturaiev, could be ready for consideration by the Verkhovna Rada in the second reading as early as next year.

The very prospect of considering the presidential bill may explain why private collectors became active and a new project 15436 appeared. If it is adopted before parliament votes on Zelenskyy’s bill, a loophole would be created that, according to specialists at the Institute of Archaeology of the National Academy of Sciences of Ukraine, could effectively pave the way for legalizing archaeological items of dubious origin in private collections.

Opposition to the “Taruta initiative” has already come not only from the Institute of Archaeology of the National Academy of Sciences but also from the National Museum of the History of Ukraine and the Union of Archaeologists of Ukraine.

How does the black market feed private collections?

Currently any archaeological monument and archaeological objects are state property. No one may privately own archaeological items or pass them on as an inheritance. Nevertheless, there are a number of private collectors who possess things that the law does not allow anyone to own. Collections are replenished in particular thanks to “black” archaeologists who dig up and put on sale treasures that have cultural value.

For such diggers the opportunity to earn money is higher than the historical value of the finds. At the same time for science the exhibits themselves are not as valuable as the information about where they were found and what other finds were nearby. Researchers must record such data in field and reporting documentation. If they do not – the scientific value is lost irretrievably.

One online service where you can encounter valuable archaeological artifacts is Violity. Social networks are also overflowing with groups of seekers of archaeology and treasures.

In simple terms, the bill 15436 is an attempt to legalize the results of “black archaeologists,” who dig up valuable items from the ground – state property – and then sell them into private collections. All a collector would need to do to legalize artifacts is fill out a declaration form to be approved by the government, submit it to the Ministry of Culture, and undergo an expert review. That might be acceptable when it comes to paintings that citizens can own, but when it comes to archaeological objects that were and are state property, it is unacceptable.

Excerpt from bill 15436 regarding the Declaration of Good-Faith Possession of Cultural Values

A similar legalization of the stolen occurred through parliament with regard to seized forests and coastlines. This happened last year when the Verkhovna Rada supported the “Ihor Mazepa law.” The document introduced amendments to the Civil Code that allegedly were adopted in the interests of good-faith acquirers and were supposed to wipe out claims against the plunderers of forests and coasts if 10 years had passed since the alienation.

The Institute of Archaeology of the National Academy of Sciences points out that the proposed algorithm with the declaration of good-faith possession and expertise is a harmful step: “The project leaves this scheme without safeguards: even if the expertise reveals signs of illegal origin of an item, no consequences are provided – neither refusal to register, seizure, nor notification of law enforcement agencies. And since declaration is voluntary, it does not encourage dishonest possessors to be honest – only those who already decided to legalize themselves will benefit. In essence, this is the legalization of the results of predatory excavations.”

Key author of the bill Mykyta Poturaiev explains that the state cannot own all archaeological heritage and emphasizes that such strict rules exist nowhere: “It’s good that this discussion has arisen. There are things that someone has passed down as an inheritance for more than one generation just like that. So who did they steal from? At that time the state of Ukraine did not exist, nor did the legislation that operates today. We see that there are two different points of view and the problem is not regulated. And if this issue is not regulated, then the black market and black collections will continue to thrive. Everything will remain in the shadows. There should be some commission that will determine what is heritage at the national or local level. Experts should work out the issue of legalizing collections. I expect that instead of raising a fuss on social networks someone will actually prepare their version of the bill.”

Regarding the presidential initiative, Poturaiev says the committee is currently working on complex amendments. He is convinced that Zelenskyy’s project should pass the committee by the end of the year and should be considered together with amendments to the Criminal Code: “You know what the situation in the session hall is now. I hope there will be enough votes. These are our international obligations. But the fact that this is the president’s initiative significantly increases the chances.”

Holka previously wrote that since 2023 the Servant of the People party has not given the minimally necessary 226 votes for any bill.

What rules parliament approves will determine whether engaged citizens can continue to protect archaeological heritage. In Kyiv and Kyiv region this includes, in particular, Poshtova Square with remnants of streets from the Kyivan Rus period, Kytaiv with remnants of ancient fortification structures, and the Zmiyevi Valy – a system of ancient defensive fortifications around Kyiv.

How to protect artifacts while courts are ongoing?

Several high-profile cases are now before the courts, including regarding the Kytaiv tract, which former deputy mayor of Kyiv Vitali Klitschko’s deputy Ihor Nikonov (KAN Development) is trying to build on, the Khodosivske hillfort with the Zmiyevi Valy, and a number of other cases.

Archaeologist Maksym Levada, who became a laureate of the European Archaeological Heritage Prize in 2025, describes what is happening while the courts decide on the Kytaiv tract: “Here and elsewhere black diggers try to work, but we don’t let them. We call the police.”

“But you know what surprises me most: People’s Deputy Poturaiev, the author of the new bill, once convened a committee meeting and commissioned research showing that our monuments are being looted. And now we see such a bill that completely nullifies Poturaiev’s own previous work. To give you an idea of the scale, part of Taruta’s collection was detained at the border by the Security Service of Ukraine. Therefore bill 15436 simply legalizes what should not be legalized, because we will lose not just artifacts but priceless knowledge for future generations.”

Recording of a “black digger” using a metal detector on the territory of the unfortified part of the Kytaiv archaeological complex (settlement, posad, village). Spring 2024

Moreover, during the war so-called paleo-safaris are taking place. For 2500 UAH organizers take interested people to the outskirts of the capital with metal detectors in search of artifacts from the Kyivan Rus and World War II periods. Archaeologists say that in this way citizens can essentially be pushed into committing a criminal offense. Paleo-safari participants are promised they can take any found artifacts with them.

Screenshot of a paleo-safari invitation from a post on archaeologist Zotsenko’s Facebook page

Kyiv resident Mia Kyrylenko draws attention to the Kytaiv archaeological complex. She says it is under a double threat: from developers and from “black diggers.”

“Until the Kytaiv tract has a proper balance holder and an effective management body with an appropriate staff of specialists, the monument is effectively left without proper protection. Someone must systematically handle its protection, promotion, development of scientific and project documentation, prevent illegal searches and looting of archaeological cultural layers and the subsequent illegal sale of found items. Today anyone can come here with a metal detector and search for archaeological items. And each such find, illegally removed from the ground, is a loss of part of our history. Therefore Kytaiv needs not just monument status on paper, but real protection and continuous state work for its preservation,” she emphasizes.

For the legislative branch it is important when drafting new bills to take into account judicial practice. Prosecutors in courts defend archaeological objects and lands of archaeology that contain archaeological items. Without these items the land would not have such value and protection regime and could leave state ownership.

The Office of the Prosecutor General replied to Holka’s inquiry that since 2025 it has been possible to implement a number of court decisions: “Half a hectare of land in Kyiv has been returned to state ownership, on which archaeological monuments of national significance are located – the cultural layer of Horod Yaroslav, the State Historical and Cultural Preserve ‘Ancient Kyiv,’ as well as territory included in the buffer zone of the ensemble of structures of Saint Sophia Cathedral, inscribed on the UNESCO World Heritage List.

Ownership rights to these plots are registered to the state represented by the Kyiv City State Administration. Also returned to state ownership were 20 ha on which archaeological monuments of local significance are located – the Trypillia culture settlement (IV–II millennium BC) and the Belohorodivka culture burial ground (9th century BC) in Vinnytsia region, which are valuable evidence of ancient history and culture. 2,8 ha with the archaeological monument settlement ‘Nahiriany I’ in Ternopil region were protected. As a result of enforcement of court decisions illegally registered rights of communal and private ownership to the relevant lands were terminated.”

The Office of the Prosecutor General ensured in court the protection of the state’s interests regarding 892 archaeological objects and cultural values that were illegally held by an individual. These items cover a significant historical period – from the Early Iron Age to the Kyivan Rus period – and belong to various historical and cultural periods.

The Supreme Court made decisions in a number of cases related to archaeological lands – the hillfort “Velyke Khodosivske” in Kyiv region, the Shaiermanivske hillfort in Kharkiv region, the hillfort and chronicle city Dorogobuzh in Rivne region, the settlements “Pidkova,” “Yalivshchyna,” “Rudka-2” in Chernihiv region, etc. And the court decisions clearly state that archaeological lands must be exclusively state-owned.

Cassation Civil Court judge in the composition of the Supreme Court Dmytro Hudima notes that the Supreme Court has formed judicial practice aimed at preserving archaeological objects through protection of the state’s right to lands of historical and cultural designation that are especially valuable: “They include both those on which cultural heritage monuments are located, including archaeological monuments, and protected archaeological territories. The court repeatedly stated that capture of lands where archaeological monuments are located is impossible. The location of these lands indicates the impossibility of the emergence of an owner other than the state, and therefore a new possessor. In particular, a temporary possessor, such as a lessee.”

The judge emphasizes: the fact that many monuments do not have established boundaries of historical and cultural zoning does not give grounds to assert that the corresponding land plot on which the monument is located does not belong to lands of historical and cultural designation.

“This also applies to the absence of a land management project for a plot with archaeological monuments, and the failure to enter into the State Land Cadastre the boundaries of such a plot with an indication of restrictions regarding its use regime. If this project does not exist, and the cadastre lacks an indication of restrictions on the use of the corresponding plot, this does not yet mean that restrictions do not exist, or that the plot including the archaeological monument can be acquired by a private owner or lessee. In light of the Supreme Court’s practice, to preserve the historical memory of the Ukrainian people and its cultural, in particular archaeological, heritage, legislation should develop in the direction of strengthening protection of territories of archaeological monuments – settlements, hillforts, non-burial burial grounds, kurgans, etc., protected archaeological territories, protection zones, historical areas of populated places, as well as the archaeological cultural layer and archaeological objects,” Hudima notes.

At present Poturaiev’s draft is not the only one aimed at making it impossible to properly preserve archaeological heritage. There is also the Civil Code draft by Verkhovna Rada Chair Ruslan Stefanchuk. If adopted, that document would define as good-faith owners those persons who managed to register and enter into the StateGeoCadastre information about ownership rights to archaeological lands. That is, if a monument is not in the cadastre and someone manages to formalize ownership of such a plot – the monument could be destroyed.

For context, the StateGeoCadastre currently has information on five thousand monuments out of 65 thousand. Thus there is a serious risk of losing 60 thousand monuments and an even greater number of artifacts.

Essentially, the StateGeoCadastre should create a layer of archaeological monuments, and presidential bill No. 12309 provides an opportunity to protect artifacts and fulfill Ukraine’s international obligations.

Iryna Fedoriv

Head of the civic initiative “Holka”