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EN
The International Day of Monuments and Sites was celebrated on 18 April 2008 in the Monastic Complex of the Congregation of Oratorium Sancti Philippi Neri in Gostyń-Święta Góra, one of the most valuable examples of Baroque architecture in Poland. In the same year, the President of the Republic of Poland granted this monument the prestigious title of a Monument of History thus including it into a group of 33 other monuments of particular value for Polish culture. The celebrations were attended by representatives of highest state and self-government authorities, conservators of historical monuments, representatives of associations and organisations involved in the conservation of historical monuments, the authorities of the Federation of the Congregation of Oratorium Sancti Philippi Neri in Poland and the Procurator General of the Congregation Federation, researchers and artists. The celebrations were inaugurated by concert entitled ”Święta Góra musical discoveries. Józef Zeidler (1744-1806) – a Polish Mozart”. After the concert prof. Ryszard Legutko, a representative of President Lech Kaczynski, read a congratulation letter, which he then presented the superior of the Gostyƒ congregation. In the course of the ceremonies and in accordance with a well-established tradition, persons and institutions, which had made a special contribution to the protection of historical monuments, received prizes and medals.
EN
The development of the organization of monuments’ protection in Poland took place in the conditions different from those found in other European countries due to the lack of the country’s own statehood in the period from 1795 to 1918. The lack of state services and administration of culture caused the unique social movement in this matter. Thus, when discussing the organization of monuments’ art and conservation in Poland one should pay attention to a social genesis of protective measures and, in particular, to the activity of the Society fo r the Protection of Monuments of the Past (1906—1914). The au tho r of this study presents a document from 1909, which can be considered to be the first programme for monuments’ protection. He analyses also the first Polish law on the protection of monuments, namely the decree of October 31, 1918. A characteristic feature of this decree was to protect a possibly wide number of objects th a t date back not only to old past but also to the most recent days, the treatment of the protection of immovable cultural property as being inseparably linked with the environment (landscape) as well as a rather broad scope of powers of a dm in istrative bodies — district conservators. Of importance is also the fact that protection covered historic structures irrespective of whether or not they were recorded in a monuments’ register, just as the recording — as a condition of p ro tection — would have deferred indispensable measures. The quoted names of first d is tric t conservators show, on the one hand, th a t these posts were taken by individuals, previously active as volunteers; on the other hand, they remind th a t many of them, well-known from th e ir later works on the theory of conservation, history of arts, recording and museology, began their a ctivities as conservators. The next analyzed legal act is the law on the protection of monuments, changing the 1918 decree, proclaimed when the organization of state administration at a central and fie ld level became the fact. A very specific legal construction conditioning not only protection but also the recognition of a given object as a historic monument upon the decision of the state a u th o rity was caused by a te n dency to cover with protection only some groups of objects, in the first place those of pure Polish descent. The fu rth e r part of the study is devoted to organizational and legal situation of museums. All Polish museums came to life eith e r by the nationalization of private collections a ccording to the will of th e ir owners or thanks to donations and bequests. At the same time, the organization o f museums le ft much fo r improvement; it was not homogenous and had limited material and technical means a t its disposal. Still a n o th e r problem of basic importance to an effective protection o f monuments was the recording of historic resources, carried out throughout the entire the work of twenty-year period. Activities of administration complemented s c ie n tific organizations, and especially Department of Polish Architecture and the History of Arts at Warsaw Technical University, employing and train in g many outstand ing specialists in the field of conservation. The not widely-known problem was the revindication of monuments which had been grabbed by Austria, Prussia and Russia ravaging Poland for 150 years. In some cases they were included into public or private collections of those states; some of them were eith e r da maged or stored in inappropriate conditions. A t a peace conference Poland called fo r the return of the objects which had been taken over either by private persons or by in vading powers, in some cases as an repression ac t as a result of national uprisings. The revindication from the te rritories annexed, by Prussia and Austria had never been done in practice, while a detailed regulation of the problems covered by the Riga Treaty from 1921 made possible to regain major part of monuments taken by the Russians. A ttention should be drawn to the activities of Polish associatio n s in Russia. They carried out the recording of Polish historic monuments and th e ir subsequent revindication. A rich and eventful history of the organization o f monuments’ protection in Poland remains rather unknown due to the damage of archival materials during the 2nd World W a r; hence, it seemed necessary to quote a t least some basic published articles on the organization of conservation and monuments’ protection.
EN
The term 'historical monument' appeared in the vernacular, but has numerous designates since a characteristic feature of the vernacular is the spontaneous emergence of concepts, without the necessity of their rigid systematisation. Defining an immobile historical monument for the purposes of the application of the law calls for resorting to suitable regulations foreseen in the statute of 23 July 2003 on the protection of historical monuments, the regulations of the statute of 21 August 2007 on real estate administration, and the civil code. The aforementioned regulations state that an immobile historical monument can denote real estate as a whole, its component or real estate complexes. An immobile monument can also designate space historically shaped due to man's activity, containing the products of civilisation and natural elements (the cultural landscape), while protection foreseen for immobile monuments may encompass also their surrounding. French law does not have a special statute formulating a definition of the historical monument. Book VI of 'Code du patrimonie', in force since 2004, concerns historical monuments and contains separate regulations on immobile and mobile monuments, presented in distinct sections. Immobile monuments are divided into two groups, but affiliation is based on a formal criterion of inclusion in a suitable register. The text of the statute does not define the nature of a monument and merely describes which real estate can be registered as historical monuments, and which - placed on a supplementary list (literally known as an additional inventory). The difference between classified (i. e. registered) monuments and listed ones relates to the range of state intervention and the scope of subsidizing the construction work conducted in the case of such monuments. France is familiar also with the concept of the natural monument, whose legal status is defined by the regulations of 'Code de l'environnement'. Both types of immobile monuments can be subjected to the procedure of view protection, which either coincides with work on the registration (or the list) or is performed later. In Poland and France conservation authorities deciding on the historical character of real estate or the need to protect an immobile monument, act independently of the decisions of spatial development plans.
EN
This report concerns the state of the legal protection of historical monuments and the trends of new regulation. It contains definitions and an enumaration of protected property; the author describes cultural heritage and discusses complications producted by political and territorial changes in Poland (a considerable part of the historical monuments remained in the former Eastern Territories of the prewar Polish Republic, while German cultural property in Silesia and Pomerania was assumed by the postwar Polish state). The transformations which took place after 1989 have made in both necessary to treat historical monuments from the point of view of their value, and to respect ownerships. Plans are made for a regulation of problems heretofore ignored by existing regulations: the trade, export and import of art objects. An important part of the project is composed of regulations concerning the financial participation of the state as regards the protection of monuments, implemented in the form of tax alleviations and subsides. Finally, the author mentions various forms of responsibility for contravention (misdemeanours) against the protection of historical monuments.
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