Expedition to Prison: How and Why Russian Archaeologist Butyagin Will Be Tried

On March 18, 2023, Poland made a pivotal decision regarding the extradition of Russian archaeologist Alexander Butyagin to Ukraine. This event has sparked widespread resonance, as Butyagin, who led excavations at the ancient settlement of Myrmekion near Kerch, is suspected of committing serious crimes against Ukraine's cultural heritage.

Alexander Butyagin began his archaeological career in 1999, and until 2014, his work was entirely legal. However, following Russia's annexation of Crimea, Ukraine ceased to grant permits for any archaeological work in the region. Despite this, Butyagin continued his excavations, which became the basis for charges from the Ukrainian prosecutor's office.

During his expeditions, the archaeologist uncovered numerous historical treasures, which were subsequently appropriated by Russia. Notably, in 2022, Butyagin discovered a hoard of 30 gold coins from the time of Alexander the Great, valued at over 8.5 million hryvnias. These findings were transported to the Russian Federation, inciting outrage in Ukraine.

In November 2024, the Crimean prosecutor's office charged Butyagin with intentional destruction and damage to cultural heritage sites, falling under Part 4 of Article 298 of the Criminal Code of Ukraine. Following this, Butyagin was placed on an international wanted list.

In November 2025, the archaeologist traveled to Europe to give lectures on ancient culture, including on Pompeii. However, he was detained by Polish law enforcement, marking a significant step in the extradition process.

Under the charges against him, Butyagin faces up to five years of imprisonment in Ukraine. Mykyta Poturayev, a member of parliament from the Servant of the People party, noted that Butyagin's actions, along with those of other archaeologists conducting excavations in Crimea, could potentially fall under the sanction of genocide laws if the concept of 'cultural genocide' were included in national legislation. However, due to the specifics of Ukrainian law, this is currently not possible.

The term 'genocide' was first proposed by lawyer Raphael Lemkin in the mid-20th century, emphasizing that it encompasses not only physical but also cultural dimensions. Cultural genocide is defined as the systematic destruction of traditions, values, languages, and other elements that distinguish one group of people from another. This includes the destruction of intellectuals, heritage, cultural monuments, and works of art.

Currently, no international convention, including the UN Convention on the Prevention of the Crime of Genocide, contains a separate crime termed 'cultural genocide,' allowing Russian archaeologists to move freely and speak at international conferences. 'Ukrainska Pravda' has previously reported on the crimes of Russian archaeologists in Crimea and is now examining possible punishments for them, as well as actions Ukraine can take to ensure justice.

According to Ukrainian legislation, Butyagin and other archaeologists who conducted excavations in occupied territories face a maximum of five years in prison. Lawyer Vitaliy Tytych, who investigates international crimes, believes the situation could be entirely different if the actions of the archaeologists were viewed as evidence of genocide rather than merely illegal excavations.

In 2024, the prosecutor's office informed Butyagin of suspicion for an 'ordinary crime,' and now, with Poland extraditing the archaeologist, he can only be tried under the excavation article. If Ukraine attempts to add charges of international crimes during the trial, it may violate the principle of specialty enshrined in international treaties.

Lawyer Tytych proposes opening a new criminal proceeding, gathering documents that prove Butyagin's systematic involvement in Russian politics to classify his actions as complicity in genocide. He emphasizes that Butyagin's case is merely an example, and Ukraine must consolidate all proceedings regarding the destruction of cultural heritage, treating them as genocide.

Member of Parliament Mykyta Poturayev also noted that the Verkhovna Rada plans to amend Article 442 of the Criminal Code of Ukraine to implement the concept of cultural genocide. This would allow law enforcement to officially initiate criminal cases against those who deliberately destroy Ukrainian identity. Such changes could include penalties for criminals who burned Ukrainian books or destroyed monuments.

The excavation process by Russians of the ancient city of Myrmekion, located on the Quarantine Cape in Kerch, continues to raise concern and outrage in Ukraine, as it reflects the systematic destruction of cultural heritage, part of the broader aggression of Russia against the Ukrainian people.