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  1. 1 Ochrona Zabytków

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  1. 1 Dobosz P.

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  1. 1 1997

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Głos w sprawie państwowej służby ochrony zabytków

100%
Dobosz P.
Ochrona Zabytków
|
1997
|
issue 1
56-60
EN
The article discusses legal-organizational problems connected with the reform of the state administration, conducted in 1996. The reform changed the legal status of the voivodeship conservators of historical monuments who ceased being on-the-spot agencies of special state administration and became professional employees of the voivodes, thus losing their public-legal subjectivity Against this background, the author presents reflections about the new legal situation of Polish civil servants-conservators. He carries out a comparison of legal-organizational solutions, i.a. within the context of fears about the autonomous nature of conservation solutions which could become dominated by the superiority of other arguments, and affect adversely the state of historical monuments. The protection of the immobile monument ascribed great importance not only to the latter’s technical state but also to the preservation of non-material values, connected with that monument, including its pragmatic purpose, i.e. its functions.The author considers classifications of the function of the immobile monument: original (extant, nonextant, restored following the stage of a secondary function) and secondary, architectonic and extra-architectonic (e.g. tourist)), those whose replacement by other functions is undesirable, and those which can be supplanted by others, primary and supplementary, without any harm to the monuments. In accordance with one of such divisions, the author classifies monuments as: those with a single function and several, parallel functions occurring during the same period. The legal protection of the function of the historical monument is described upon the basis of the binding regulations of laws about the protection of cultural property as well as about the construction law and pertinent executive regulations. The author conducts a critical appraisal from the point of view of the imprecise nature of institutional solutions introduced into the protection of the function of immobile monuments. By citing examples of historical functions, the author discusses in detail the historical outfitting of pharmacies in Krakow, threatened by the change of functions and liquidation. The article ends with a description concerning Krakow, and select examples of administrative and legal-administrative solutions as regards the problem in question.
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