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EN
During the 2nd World War Polish churches suffered great damage due to regular plunder by the Nazists. The author discusses regulations of the Penalty Code and Law on the protection of the cultural property and on museums with regard to robberies of works of art in the recent years. He quotes and compares recommendations of the Instruction of the Polish Episcopate on the protection of monuments of art and trends of the development of sacral art since 1966. Attention is paid to the fact that according to the Instruction, church administrators are not owners but only guardians and patrons of works of art found in the buildings that are under their care. Post-consiliar liturgy, i.e. turning the altar round to the congregation, has resulted in an extreme desire to modernize church interiors, which quite often was, against the idea of monuments protection. This, in the author’s opinion, is a misunderstanding, as the church law clearly opposes the introduction of any shoddy things into the decor of sacral interiors. Museum-like church interiors offer much temptation for thieves. Therefore, it is an urgent task to draw detailed inventories describing particular works of art in such a way that the church administrator could know what he possesses and what he is to protect on the one part, and on the other, to facilitate for himself and prosecution bodies to recognize and to recover robbed works of art. All works of art in sacral buildings should be put into a register of voivodship monuments conservator, which ensures their legal protection and — in the case of outstanding artifacts — financial aid of the state for their conservation. The author emphasizes the fact that the clergymen should be made aware of high cultural values of works of art when they are still students at seminars. The full knowledge of the cultural value of monuments and, consequently, care and their protection, are the best guarantee of its safe-guarding against robbery and destruction.
EN
An extremely difficult situation of historic structures in the Old Town in Cracow gives rise to numerous problems not only of conservational but also of organizational and financial nature. On July 1, 1985 the law on the National Fund for the Rehabilitation of Cracow’s Monuments was put into effect. State authorities resorted to a practically tried model of a special fund, the means of which earmarked for the reconstruction and preservation of monuments come from different sources and have a voluntary character. In the past, a similar fund known as the Social Fund for the Reconstruction of the Capital, helped rebuild Warsaw destroyed during the 2nd World War. The same can be said about the reconstruction of the Royal Castle in Warsaw. Still, this does not let us to forget that the situation of Cracow is diametrically different and reasons for its devastation are also different and they include heavy industry situated in that region. Thus, the author of this article looks upon the effectiveness of this solution with some dose of scepticim, especially that it appeals to charity of the society, leaving totally aside a clear duty of industrial plants that destroy monuments and environment to participate in costs of Cracow's restoration.
EN
The author argues the opinion of the Ministry of Culture and Art confining the use o f the term "historic monument” to registered objects only, which affects detrimentally work possibilities of conservation services in Poland. According to the author all activities which precede conservation and are carried out with a view to establish a historic value of a given object should be a special prerogative of conservation offices.
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Polityka - konserwacja - prawo

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EN
The author starts by saying that some representatives of conservation in Poland have been able to notice changes in the nature of conservation work towards reconstruction, an operation which is very expensive but inconsistent with the rules of conservation art. One of the reasons for ill-success in conservation is the law (the 1962 Law on the Protection of Cultural Property and on Museums) which has been recognized as best, although non-respected and incomplete due to the lack of some executory regulations. The author puts forward the thesis that the policy and the law, next to conservation principles, decide of the ups and downs in this field. A present picture of the protection and conservation of monuments is the result of war destruction, territorial and national changes, political and social transformations. Unpublished circular letters of the Board of Museums and Monuments Protection of the Ministry of Culture and Arts could not be respected by field administration that was indifferent to them. They were respected by the conservation services who, however, were subjected to district authorities as a result of the administrative reform of the country (1975). Shortcomings of the Law were also the reason for the lack of respect for its regulations by other ministries and users of historic structures. The author presents fundamental tasks in the field of general state policy towards cultural property: recognition of the supreme principle that the cultural property is of utmost significance to the nation, introduction of necessary changes into the curriculum, restitution of the standing due to conservation services, better information in the means of mass communication and finally exaction of the duties of the users with regard to planning and repairing. It is also indispensable to update the Law. The organization of the protection of the cultural property calls for changes both at central and field administrative levels. With this in mind, the author suggests to establish the Council for the Protection of Cultural Property as a supervising, coordinating and opinion-giving body, to vest the Minister of Culture and Arts with the right to inspect qualifications of field conservation services, to provide financial means for the execution of the provisions of the Law No 179 of the Council of Ministers (financial aid given to future users who will undertake reconstruction and conservation work on monuments of architecture), to vest the Minister with the right to revise verdicts in actions closely associated with the protection of monuments, to restructure the field conservation bodies and to carefully select a candidate for the post of voivodship monuments conservator, and finally to statutorily separate the conservation office as department of the Voivodship Council.
EN
The man’s natural environment can in no way be regarded as th a t composed solely of such factors or, components as the realm of plants, the wildlife, the surrounding atmosphere or natural resources. During the long period of human civilization certain natural assets were subjected to far-reaching transformations whereas a number of others were created as a result of the man’s cultural and organizing activities. Small doubt then that all such objects as, for instance, the castles, old manors, water or wind mills, the churches and even the whole towns being the relics of the past civilizational periods and at the same time of permanently advancing culture of the peoples should be preserved as important components of „cultural” landscape and of „natural” life of a modern society. A combined and complex protection of both natural and „cultural” environment seems much more effective and desirable means in that specific situation where the heavy industry, the technological „achievements”, production processes and the high traffic or transportation densities produce a real danger for the nature or individual, his health and the society’s cultural heritage. In his present publication the author, a lawyer and expert in environmental development deals with some problems of preservation and restoration of the immobile historical monuments as well as their use in the service of society taking into account their historical values and some provisions of the Cultural Property Protection and Museums Law of 1962. He comes to conclusion that the all kinds of practical use of the immobile historical monuments which are made with the exclusion of their cultural values are inadmissible and therefore such a practice should at once be prohibited.
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