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EN
The protection of cemeteries in Poland occupies a special place in state and Church law. Particular value is ascribed to the legal regulations and directives of the Roman Catholic Church. The Episcopate of Poland has issued several pertinent documents, especially important being the one from 1987 on The protection of cemeteries ( an Instruction of the Commission of the Episcopate of Poland concerning Church Art). This instruction indicates several aspects prominent for the suitable protection of cemeteries. The regulations in question do not pertain solely to Christian cemeteries, but possess a wider, universal character. Emphasis is placed on the fact that cemeteries and graves are surrounded with particular piety in all cultures in the world, and are an expression and testimony of faith in life after death as well as respect for the deceased. The Church always regarded them as holy places. Moreover, cemeteries are an inexhaustible source of knowledge about life in the past and religion, and a universally accessible chronicle of history. They reflect the culture of a given region, nation, state and historical epoch, and comprise cultural property. This is the reason why it is a moral and legal obligation of all to ensure cemeteries and particular graves care and conservation, which should encompass also historical graves. The practice of pulling down old gravestones and utilising their elements is highly unethical. The Catholic Church also advises concern for the cemeteries and historical gravestones of other religions and nationalities. Proper inventories and care for order and aesthetic qualities are recommended. Modernisation should be conducted with the retention of the sacral and historical character of the cemeteries, and be preceded by projects confirmed by appropriate commissions.
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.
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O OCHRONĘ CMENTARZY ZABYTKOWYCH

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EN
The intention of the article is to draw attention to the unsatisfactory and outright deteriorating situation of historical cemeteries in Poland. Endeavours made for the sake of its improvement are unproportionate to the growing threats. In the first part of his article, the author discussed assorted perils, which he divided into external and internal. The latter are associated with the administration of the cemetery. Here, the gravest danger is the liquidation of old graves and tombstones in order to obtain new space for burials. The most serious external threat is, in the author’s opinion, the impact of industry and communication, viewed predominantly as the producers of atmospheric pollution which to a considerable degree contributed to the degradation of the stone and metal gravestones. The article also draws attention to the specific threat to the integrity of cemeteries posed by the expansion of roads and the construction of highways. The author assessed various categories of preventive measures proposed up to now for the purpose of improving the situation of the cemeteries. Special attention has been drawn to cemetery lapidaria, which, improperly realised, could produce profound destruction of the cemetery structure. The article also accentuates the growing number of thefts committed in Polish cemeteries, which affects even the graves of eminent Poles. The proposed conclusion suggests that the only solution for a permanent protection of Polish historical necropolises is to render the widest possible social strata aware of the value of historical cemeteries and the reason why it is our joint duty to protect them. These undertakings ascribe a special role to the clergy and teachers.
EN
The author deals with problems of the historical c e meteries protection on the basis of results of a conference held in 1974 during which, nevertheless, the cemeteries were considered as historical objects totally. In the author’s opinion this is a wirong principle for a number of non-historical cemeteries, having been closely examined, reveal separate elements of historical value. Cemeteries in Lublin District may serve as an example. The chapel dating from the 17th century and found at the cemetery at Wożuczyn allows to include this object among the old ones, if not historical. Moreover, at the cemetery of Gródek there have been found some relics of ancient culture and folk sepulchral art, that is two Rococo sepulchral chapels, one of them including the sculpture of Sorrowing Christ. According to the historical monuments catalogues the cemetery at Łuszczów includes nothing worthy. During accidental visit at this .cemetery, however, an interesting complex of crosses and tombstones drew the author’s attention. They were made of wood and imitated known analogous stone forms dating from the end of the 19th and the beginning of the 20th century. In the conclusion the author states that the above- mentioned examples indicate the necessity of cataloguing and protecting not only historical cemeteries but historical elements of the cemeteries of non-historical type as well.
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