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1
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Inwestycyjne, organizacyjne i prawne uwarunkowania restauracji krakowskich Sukiennic w XIX w.

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Dobosz P.
Ochrona Zabytków
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2001
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issue 1
4-18
EN
The conservation of immobile monuments is perceived predominantly from the viewpoint of sciences about art and the technical sciences. Nonetheless, it possesses an organisational- legal dimension, which has been gaining increasing importance especially in the last decades; this holds true also for the Polish democratic state of the law as conceived by the Constitution of the Republic of Poland. The aspect in question was significant for many historical conservation undertakings, today regarded as classical and concerning historical monuments in Polish lands. This was the type of conservation which during the nineteenth century involved the Cracow Cloth Halls (Sukiennice), performed according to a project by T. Pryliñski and supervised by him. Heretofore literature has not analysed more extensively the legal–organisational aspects of the investment connected with the aforementioned project, which has been characterised only marginally. The presented article deals with an analysis of assorted legal and organisational aspects, with reference to the contemporary legal system. It is characteristic that the typical feature of the conservation-investment efforts of the period, despite the absence of regulations concerning public commissions which would have corresponded to the legal standards of the time, was the attention paid to a proper administration of public means. The extremely important principle of the openness of public activity and expenses was realised in practice. Apart from the fundamental literature on the subject the text is based also on archival documents, including the resolutions of the Cracow Town Council, numerous reports and other archival material, supplemented with archival photographs, of which three, showing the end stages of the conservation of the Cloth Halls, had never been published. The purpose of the article, apart from its historical– cognitive function, is to draw attention to legal and organisational aspects of conservation, frequently ignored and, at times, even recognised as a hindrance. The presented study demonstrates that this aspect preceded, by no means as of today, the conservation proper of the historical monument, carried out by architects, conservators, “manual” workers and representatives of other professions, whose participation is indispensable in the conservation process as a whole.
2
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Jan Prószyński, "Dziedzictwo kultury Polski : jego straty i ochrona prawna", t. 1 i 2, Kraków 2001 : [recenzja]

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Dobosz P.
Ochrona Zabytków
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2002
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issue 1
104-107
3
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PODSTAWY PRAWNE, ZAKRES I FORMY URZĘDOWEJ INGERENCJI KONSERWATORSKIEJ A PRAWO DO REKLAMY PODMIOTÓW PROWADZĄCYCH DZIAŁALNOŚĆ GOSPODARCZĄ W OBIEKTACH ZABYTKOWYCH

100%
Dobosz P.
Ochrona Zabytków
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1999
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issue 1
10-14
EN
The aesthetics of advertising is one of the basic as yet unresolved problems of the protection of historical monuments in Poland. Its reference involves imprecise legal regulations. Heretofore legal studies discussed this issue from the viewpoint of other research levels, a process which the presented article also takes into consideration. Within this context, the author considers conservation rights justifying the official intervention of public administration organs. The voivodeship conservator of historical monuments is only one of the subjects co-shaping the aesthetic image of individual historical objects and entire historical areas. Furthermore, conservation intervention is performed upon the basis of premises other than those which entitle remaining organs of governmental and self–government administration to enter the sphere of subjective rights.
4
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Prawne aspekty ochrony funkcji zabytków nieruchomych

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Dobosz P.
Ochrona Zabytków
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1997
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issue 1
1-11
EN
The protection o f the immobile monument ascribed great importance not only to the latter’s technical state but also to the preservation o f non-material values, connected with that monument, including its pragmatic purpose, i.e. its functions. The author consideres classifications o f the function o f the immobile monument: original (extant, nonextant, restored following the stage o f 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 o f such divisions, the author classifies monuments as: those with a single function and several, parallel functions occurring during the same period. The legal protection o f the function o f the historical monument is described upon the basis o f the binding regulations of laws about the protection o f cultural property as well as about the construction law and pertinent executive regulations. The author conducts a critical appraisal from the point of view o f the imprecise nature o f institutional solutions introduced into the protection o f the function of immobile monuments. By citing examples o f historical functions, the author discusses in detail the historical outfitting o f pharmacies in Krakow, threatened by the change o f functions and liquidation. The article ends with a description concerning Krakow, and select examples o f administrative and legal-administrative solutions as regards the problem in question.
5
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Pojęcie dziedzictwa kulturowego i jego znaczenie dla działań polskiej administracji publicznej wobec integracji europekskiej

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Dobosz P.
Ochrona Zabytków
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2002
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issue 2
121-141
EN
In his reflections on international and European legal norms referring to the protection of cultural heritage in Poland the author presented select international bilateral conventions (involving the Republic of Poland and West Germany) as well as international European Council conventions which unfortunately do not encompass Poland; they include the Convention about the protection of architectural heritage (1985) which Poland did not ratify. European Community legislation is discussed against the background of the Treaty on the establishment of the European Community and the “Association Convention” embracing Poland and the European Community together with its member states. The proposed analysis pertains to UNESCO legislation whose norms are binding for Poland upon the basis of signed and ratified international conventions. The author outlined the backdrop of constitutional expressions pertaining to the protection of cultural heritage, and examined the relations between the concepts of “national” and “European (joint) cultural heritage” .
6
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Ochrona nazw historycznych w obrębie prawnej ochrony zabytków

100%
Dobosz P.
Ochrona Zabytków
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1986
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issue 1
23-29
EN
The present article discusses the need to expand a scope of a legal institution of „monument” and to include into it names of some goods and immovable objects (physiographic objects) which are important to the Polish or world culture or which should remain unchanged for essential historic or social reasons. According to the present law only the object that has legally defined attributes may be recognized as a monument. Meanwhile, there exist legal and factual premises that speak for the introduction of proposed amendments. And just as the most frequently changed names are names of streets and squares, the first example to illustrate this is associated with this problem. The name of St Thomas’ street in Cracow’s historic architectonic centre, which has been included by UNESCO’s Committee for World Heritage into the list of most valuable monuments of world culture, has been altered into L. Solski street. All streets in its proximity have preserved their names. The presented method of exposing the name of an outstanding actor has resulted in unjustified improverishment of our cultural heritage, though it was possible to give his name to some new street, school or any structure. An inevitable urban development has brought about changes in the appearance of Polish localities and their naming. A disappearance of historic names should not only be covered by law protection but they should also be exposed in the changing environment of the man. An example of an inappropriate change has been the giving a representative hotel being now built in Cracow the name of „Kongresowy” , and just recently „Forum", although the criteria of broadly conceived historic character speak in fa vour of the name „Ludwinow” . This is the name of town's district where this modern hotel is being erected. At the expense of transformations made, former Ludwinow lost its specific appearance and character. Another reason for the need to introduce proposed changes has been based on opinions of historians, of Polish and Slavic philologists, who, on many occasions, have demonstrated a rich variety of our names, including the so- called patronimic, possessive and personal name. Further part of the article deals with laws on the protection of names. The analysis made for comparative purposes begins with a description of ways and premises of the protection of surnames and names. This protection has been specified in the civil code and in the law on the change of surnames and names. The latter legal instrument does not allow, i.a., to change names for historic ones that won fame in field of culture and science as well as in political, social of military venues. The reason for a legal need to protect names within the protection of monuments may also be derived from the law on the protection of the Anthem of the Polish People's Republic. The protection covers also the title-name of „Dqbrowski’s Mazurka". In the last part of his article, the author discusses aspects of the protection of historic names in the light of provisions of the law on the system of people’s councils and territorial self-governments. In this document, the Polish law-maker has specified rules of procedure and capacities with regard to changes in names of voivodships, localities, physiographic objects, names of housing estates, streets and squares in towns. At the end of the article, we find author’s proposals which give a detailed description of the legal protection of historic names (e.g. recognition of the name as a monument on the basis of administrative decision taken up by a voivodship monuments conservator, adding a section comprising historic names of immovables to the register of monuments. Finally, the author says that his intention was to point out the need for this kind of protection to the heritage of the past.
7
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Charakter prawny decyzji i zezwoleń w sprawach ochrony zabytków

100%
Dobosz P.
Ochrona Zabytków
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1985
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issue 3-4
259-290
EN
The article presents activities of conservation organizations from an administrative and legal point of view. Activities of conservation services have a strictly defined legal scope and come under material and juridical regulations. These bodies have been set in the structure of state administration and as such are subjected to legal norms. In fulfilling the duties imposed on them bodies of conservation services may make decisions and grant permissions in questions that concern the protection of monuments and that because of their nature are included into a group of administrative decisions. In executing their tasks organizations of conservation services use also certificates that in the theory of administrative law are called „attestations". Most of the chapters is, however, devoted mainly to administrative decisions. The first two chapters of this work deal with introductory, explanatory and analysing decisions, describing their characteristics and contain also comments on a systematization of decisions on the protection of monuments. Of vital importance at this point is a precise specification of the organizations empowered to make such decisions. Hence, the author concentrates his attention on problems associated with the scope of activities, powers of conservation bodies. Moreover, the author analyses aims and motives which have to be taken into consideration in a complicated process of decision-making. Further on in the study, the author discusses problems concerning a legal justification of decisions on the recognition of monuments (entry into the monuments' register), nature of this administrative document and premises taken into account by bodies of conservation services prior to taking such a decision. Of great importance to broad and comprehensive protection of cultural property (i.e. not only monuments) are attestations that confirm the character of the object and justify their exemption from a statutory prohibition of the exportation abroad of objects that have qualities of cultural property. In a legal analysis of attestations in the field of the protection of monuments, acknowledging merely the existence of a certain factual or legal status, usually on the basis of agreements made earlier, the author draws attention of the Readers to, i.a., the necessity of protecting some of the cultural property which has been produced after May 9th, 1945 provided that it is important for Polish and world cultural heritage. These problems are inseparably linked with theoretical, practical and legal problems of the character and importance of attestations for temporary or permanent exportation of cultural property (monuments) abroad. In all these chapters attempts have been made to compare present regulations on the protection of monuments with the laws that were in force in the twenty-year inter-war period. Such comparisons are justified, the more so that then laws were not that ineffective and were certainly characterized by a modern complex approach to problems associated with the protection of monuments. The last chapter of the work is an attempt to specify the role and possibilities of Polish administrative jurisdiction in the control of the lawfullness of decisions on the protection of monuments. Of great significance are problems associated with questions covered by a juridical control of lawfulness of decisions and legal effects of verdicts of the Supreme Administration Court. The final part of the work gives examples of decisions on problems associated with the protection of monuments aimed at better understanding of earlier considerations.
8
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Monika Niedźwiedź, "Obrót dobrami kultury w Unii Europejskiej", "Zeszyty Naukowe Uniwersytetu Jagiellońskiego : prace z wynalazczości i ochrony własności intelektualnej" z. 73, Uniwersytet Jagielloński, Zakamycze 2000 : [recenzja]

100%
Dobosz P.
Ochrona Zabytków
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2000
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issue 4
445-448
9
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Głos w sprawie państwowej służby ochrony zabytków

100%
Dobosz P.
Ochrona Zabytków
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1997
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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.
10
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Aktualne problemy prawne i finansowe ochrony zabytków w Polsce w dobie przekształceń ustrojowych państwa

100%
Dobosz P.
Ochrona Zabytków
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2000
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issue 1
12-18
EN
The presented reflections encompass an analysis of the cu rren t Polish model of the protection of cultural heritage against the backdrop of a reform of administrative and territorial structures, introduced at the beginning of 1999. In a systemic interpre tation, the question of dividing the tasks o f the protection of historical monuments is associated with the establishment of two new units of territorial self- -g overnment (the county and the voivodeship) and a reform of the government administration at the voivodeship level, due to which the post of the voivodeship conservator of historical monuments, embedded in Polish tradition, was expanded under the supervision of the voivode by imposing executive tasks carried out, on the one hand, ex lege in the name of the voivode, who acts as an administrative organ; on the other hand, the conservator was granted distinct material-legal tasks, which he performs as a separate organ. In turn, the rank of the General Conservator of Historical Monuments became a political function, whose holder could become the object of decisions made by the ruling coalition; as a result, changes concerning the holder of this post are possible at any given time. Consequently, the function in question is not affected by the impact of civil service legislation norms. The author goes on to analyse other d e te rminants of the present-day Polish model of the protection of historical monuments, such as the state of social awareness, the disintegration of legislation concerning the p ro tection of cultural heritage by means of a separation of issues dealing with the protection of cultural property from the museum system, as well as a gradual “archaisation” of legislation pertaining to the protection of cultural property, whose basic resolutions date back to 1962, the financial conditions of the state, public-legal unions, i. e. units of territorial self-government and society, the subjectivisation of units, a reform of the administrative court system, etc. The above-presented text was read in 1999 at a ceremonial inauguration of the Little Poland Cultural Heritage Days, held in a manor house in Modlnica near Cracow, and organised by regional self-government authorities.
11
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Miejsce nazewnictwa historycznego jako niematerialnego dobra kultury w systemie prawa

100%
Dobosz P.
Ochrona Zabytków
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1997
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issue 2
116-120
EN
T h e article d ea ls w ith the p r o te c tio n o f the names o f h isto r ica l lo ca litie s, squares, str e e ts and p h y sio g rap h ic o b je c ts w h ich c om p r ise a part o f cultural h e r ita g e . T h e author d iscu s se s asso r ted a sp e c ts o f this issu e aga in st the backg r o u n d o f currently b in d in g legal r e gu la tion s, w ith particular a tten tion paid the law o f 15 February 1 9 6 2 on the p ro te c tion o f cultural property. H e p r o p o se s co n c lu sio n s con c e rn ing the necessity o f ch an g in g the legislation in force by in tr odu c in g new, in stitu tion a l mech an ism s for the p ro tection o f historical names.
12
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Problemy prawne ochrony zabytków cmentarnych w Polsce

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Dobosz P.
Ochrona Zabytków
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1998
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issue 3
210-217
EN
The multi-strata problem of the protection of cemetery historical monuments is reflected also in Polish legal regulations. This issue is defined in several legal regulations, determining the legal forms, principles and course for the protection of both entire cemeteries and particular graves. The protection of burial sites is also regulated by means of international conventions, especially bilateral ones, signed with states neighbouring with Poland. This article refers the issue in question to civilian, religious, military (wartime), closed (unused) and open (used) cemeteries, discussed against the background o f currently binding legislation. The author proposes an analysis o f the duties of the administrators of cemeteries and the users o f particular burial sites. Ensuing problems are discussed also in the light of the adjudication of the Chief Administrative Court and the Supreme Court. The article draws attention to the necessity of changing the obligatory regulations, since due to their low effectiveness current solutions should be regarded as unsuitable for contemporary demands o f the protection of historical monuments.
13
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Rada do Spraw Ochrony Zabytków przy Ministrze Kultury i Dziedzictwa Narodowego

100%
Dobosz P.
Ochrona Zabytków
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2001
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issue 1
111
14
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Zabytki w polskiej fotografii lotniczej

100%
Dobosz P.
Ochrona Zabytków
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1997
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issue 4
355-360
EN
This study deals with aerial photographs of historical monuments. The pertinent illustrations present Polish historical monuments both within prewar and postwar frontiers. The prewar photographs were taken between 1922 and 1928 by the 2 Air Force Regiment in Krakow, and the postwar photographs were commissioned by the Central Information Agency. Aerial photographs provide valuable information material for historians, historians of art, and architects (including persons dealing with the transformation of the cultural landscape). They are also applied widely in archaeology. Originally, aerial photography served military purposes; in recent years, it became the domain of private and commercial activity, as testified by numerous publications, including series of attractive colour postcards. Presumably, it will be applied increasingly extensively also in the protection of historical monuments.
15
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W sprawie źródła finansowania Dworu Dolnowiejskiego w Myślenicach

75%
Dobosz P.
Ochrona Zabytków
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1997
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issue 2
184
16
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80-ta rocznica utworzenia Krajowego Urzędu Konserwatorskiego w Krakowie

63%
Dobosz P., Gaczoł A.
Ochrona Zabytków
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1994
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issue 3-4
323-346
EN
This year marks the eightieth anniversary of the creation of the foundations for state protection of historical monuments in Poland; in 1914 the National Conservation Office was founded in Galicia (with headquarters in Krakow) and replaced the Groups of Conservators for Western and Eastern Galicia. The newly emergent Office became a model for administrative structures dealing with the protection of historical monuments in independent Poland. The article presents state conservators of art working in Krakow, starting with dr. Tadeusz Szydłowski, the first National Conservator of Historical Monuments in Galicia up to the present-day Voivodeship Conservator of Historical Monuments, the architect Andrzej Gaczoł, M. A.
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