Search results

1

Uchwała Rady Ministrów w sprawie wykorzystania zabytków nieruchomych na cele użytkowe

100%

Jaworski T.

Ochrona Zabytków

|

1979

|

issue 2

91-99

EN

The article deals with 179 Resolution of the Council of Ministers of December 8th, 1978 on the public use of historic realties. At the outset of the article, the author lists reasons of issuing this legal document whose aims are: 1. to create conditions for a proper development of historic estates, in the first place it refers to the buildings owned by the State which are not used or are used in a wrong way, 2. to accord special rights and priorities to the users of such buildings, and 3. to determine to whom, when and in what legal form the state- owned historic realties can be handed over for the purpose of their development. When discussing the subject-matter of the Resolution, the author specifies historic monuments covered by the document. Further on, he comments upon paragraph 2 of the Resolution, on the basis of which socialized organizations planning some building projects must decide whether it is possible for them to realize their investment requirements through a proper development of historic realties unused or used in a wrong way. In this connection, the author describes a procedure of offering historic buildings for management and discusses situations in which socialized organizations may refuse them. Paragraph 4 is the next one under discussion; according to it tasks envisaged for the execution in historic monuments do not require a usual localization of investment. The transfer of historic buildings for public use may have the form of sale, hereditary use, tenure or leasing. It may be done on behalf of state-owned organizations, cooperatives, socialized bodies, corporate bodies like catholic church and also of physical persons and foreigners. The author discusses also paragraph 6 of the Resolution and points out various regulations of the Polish Law with regard to handing-over monuments and especially those referring to their taking-over by foreigners. The over-taking of monuments by the State is associated with a number of obligations specified in the law on the protection-of cultural property and museums. Here the law provides for certain additional obligations. The basic obligation is to bring the building back to a utilizable condition within 4 years from a take-over. Presented also are problems involved in handing monuments for hereditary use and options of pre-emption and repurchase, on the basis of which the State can again become the owner of valuable historic monuments. Another problem discussed therein is the share of the Ministry of Culture and Arts in costs of reconstruction or repair of the building. The participation of the Ministry of Culture and Arts in the reconstruction or repair of the historic building (covered with funds of a central budget) is agreed in each individual case upon the proposal of an organization or a physical person through a regional monuments’ conservator and cannot exceed 23 per cent of the total outlays. In exceptional cases the Minister of Culture and Arts can decide a higher share of the Ministry in expenditures on reconstruction or repair of a particular monument. The author specifies also what expenses can be borne by the Ministry of Culture and Arts and what form this assistance can assume from a legal point of view. The next issue discussed in the article is the problem of special rights accorded to users, introduced by the present Resolution. They are: — right to a financial aid from the Ministry of Culture and Arts in form of not repayable donation, — reduced taxes on investments (i.e. repair works in historic monuments), — priority rights to credits from the State on reconstruction or repair works, — very low rent paid for the site (and the building) taken for hereditary use, — priority to obtain building materials nesessary for the reconstruction or repair of monuments. Paragraph 16 of the Resolution, the last one to be discussed, obligates state administrative bodies and their subordinate organizations, monuments documentation centres, museums, archives and libraries to assist owners, users, design offices, building contractors and conservators with obtaining materials necessary to prepare design documentation, carry out works in monuments and also to make available all materials and information indispensable for establishing protective zones. When discussing individual legal norms the author gives their ratio legis, explains terms used and points at legal regulations associated with the present Resolution, having particular importance in putting it into practice. The final part of the article is devoted to describing the effects to be achieved in practice thanks to this Resolution of the Council of Ministers.

2

Konwencja w sprawie ochrony światowego dziedzictwa kulturalnego i naturalnego

100%

Jaworski T.

Ochrona Zabytków

|

1977

|

issue 3-4

108-112

EN

The Polish People’s Republic ratified, in 1976, the Convention Concerning the Protection o f the World Cultural and Natural Heritage, adopted by the General Conference of UNESCO in Paris, November 16, 1972. The first step which initiated UNESCO activities in the that sphere — says the author — was the international campaign started a dozen or so years ago and aimed at saving the rock-cut temples in Abu Simbel in Nubia. That campaign, and and the following ones of similar nature, made the foundation for the setting up o f a system o f international cooperation and assistance striving for protection of the cultural heritage of outstanding and universal value. Proceeding with his deliberations the author quotes the assumptions of the Convention formulated in its preamble and points out to their significance from the viewpoint of interpretation o f the provisions o f that act. Now one of the most important tasks in the sphere of national protection o f the cultural and natural heritage is the state’s task o f including the programme for that protection into general planning. The author is aware o f the complexity of that task and the difficulties involved in its implementation because of the ditferent assumptions and values employed by the staff of monument protection service and by planners and making premises for the preparation of plans. Moreover, in some cases the planners’ failure to take into account all the elements o f environment results in the undesirable fact of certain goods o f the heritage discussed being an obstacle to implementation of plans. ' Another group o f the tasks examined by the author are those ensuing from ratification o f the Convention by Poland. The most essential there is, in his opinion, that o f drawing up an index of the goods of the nation’s cultural and natural heritage which should be proposed for being entered into the ’’list o f the world heritage”. As regards the heritage o f culture, such an index should be drawn up, together with relevant scientific documentation, by the Centre for Documentation o f Historical Monuments, Warsaw, in association with scientific institutions, major museums, and the branch offices of the Centre. In consonance with the stress laid by the Convention on the growing role of science, the author takes up the problem of the need for enchancement of the number o f high-skilled personnel to work in the respective lines of the service for the protection of the cultural and natural heritage, for improvement and development o f the scientific and research potential actively engaged in the protection o f the heritage discussed. Reference is also made of the contribution paid by Polish conservators and scientists, especially those versed in Mediterranean archeology, to the work on saving a number of monuments abroad. The following part of the paper comprises an attempt at an evaluation of the Convention. Its significance is seen by the author to lie in the grounding of a realistic system of cooperation o f the international community in protecting the goods of the said heritage which are recognized as those o f universal importance. What is meant by him as the reality o f that system is, on the one hand, the fact o f a subsidiary character having been imparted to international assistance and, on the other, that of prividong for the Convention being put into effect due to the indispensable material means of the World Heritage Fund. The author is highly appreciative o f the fact of the problems o f the cultural heritage, and those of the natural one, having been combined in the Convention. This solution is recognized as a correct one on account o f common elements appearing in the protection o f both o f them, to mention but similar tasks involved, and methods employed, in that protection and the legal institutions which serve it. In view o f the ever growing and negative role of the threats of various kinds, the author postulates preparation of a comprehensive inter-ministerial (horizontal) programme for cooperation which would take into consideration not only the problems of the protection o f the cultural and natural heritage, but also those of environmental protection in the full sense of the word. The author concludes his paper in determining the Convention as an act, internationalist in its essence which, like the whole of UNESCO activities, is far from a cosmopolitan approach to the cultural and natural heritage of the respective nations.

3

Ustawa o terenowych funduszach odnowy zabytków

44%

Jaworski T.

Ochrona Zabytków

|

1979

|

issue 3

257

Refine search results

3 Ochrona Zabytków

3 Jaworski T.

2 1979

1 1977

Uchwała Rady Ministrów w sprawie wykorzystania zabytków nieruchomych na cele użytkowe

Konwencja w sprawie ochrony światowego dziedzictwa kulturalnego i naturalnego

Ustawa o terenowych funduszach odnowy zabytków