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Zakaz wywozu dóbr kultury i jego praktyczne konsekwencje

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Zeidler K.
Ochrona Zabytków
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2002
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issue 3-4
410-412
EN
Among assorted legal institutions foreseen in the statute of 15 February 1962 on the protection of cultural property an extremely prominent role is played by a prohibition relating to the export of cultural goods. This is by no means a new regulation, since it had been enforced already upon the basis of a decree from 1946 on the registration and prohibition of the export of works of art and objects of artistic, historical or cultural value. The protected cultural property encompasses portable or stationary objects, old or contemporary, and of significance for cultural heritage and development owing to their historical, scientific or artistic value. The prohibition was established by the legislator primarily owing to the immense devastation of Polish cultural legacy during the second world war. Doubts concerning the retention of the prohibition in its present-day form are voiced mainly in view of the regulation of this problem by the law of the European Communities. On the other hand, it remains indubitable that owing to obligatory international agreements prohibition of this sort must pertain to cultural goods obtained by means of crime (theft, fencing). This issue is regulated by two international conventions: the convention signed on in Paris on 17 November 1970, and dealing with measures intent on banning and preventing the illegal export, import and transference of the ownership of cultural goods, and the convention on co-operation and mutual assistance in intercepting and returning cultural property illegally transported across state frontiers, signed in Plovdiv on 22 April 1986. The legal situation of the import of cultural property is different, since such transportation is supported by the legislator. At present, the Parliament of the Republic of Poland is examining two competing projects of statutes (on the protection of national legacy and on the protection of historical monuments), both regulating the titular subject.
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Problem możliwości wykorzystywania dokumentów związanych z wywozem zabytków i dóbr kultury do prób legalizacji na rynku antykwarycznym dzieł sztuki pochodzących z przestępstwa

100%
Jakubowski O.
Opolskie Studia Administracyjno-Prawne
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2011
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vol. VIII
53-59
EN
Creation of the Schengen area brought in new problems in respect of combating illicit trade in antiquities. One of these problems is possibility of legalizing artworks coming from uncertain sources or forgeries with use of export documents issued by EC member states. This is caused, among other things, by the fact that issuing authorities do not investigate in detail provenance and originality of an artwork. Furthermore, each member state has its own standards of operating stolen art databases which hinders flow of information between states.
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Kontrola eksportu dóbr kultury w prawie włoskim

84%
Buchwald P., Kowalski W.
Ochrona Zabytków
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1996
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issue 1
1-7
EN
The development of the art market in Poland, the opening of state frontiers as well as the intention of joining the European Union make it necessary to undertake legislative initiatives which aim at a new regulation of the export of cultural property; the binding law of 1962 still functions in circumstances quite different from those which accompanied its introduction. Legislative postulates should be preceded by an analysis of systems of controlling the export of artworks in other countries. This article is a brief presentation of the legal solutions applied in Italy. The Italian model stemmed from the extremely rich legislative traditions of the Italian states. At present, the fundamental legal act which regulates all issues concerned with the protection of cultural heritage is law no. 1089 of 1 June 1939. Protection encompasses all objects of artistic, historical, archeological and ethnographic importance, with the exception of works by living artists or those works which are less than 50 years old. The law foresees a wide range of legal measures preventing the scattering of the national cultural heritage. They include the registration of monuments, the restriction of ownership rights in cases of registered objects, the non-sale of property belonging to state institutions and the right to preemption enjoyed by the state. It is possible to export works of art from Italy only in those cases when this procedure does not reduce national heritage. An indispensable condition is an export license issued by a competent office. In cases of export contrary to the binding regulations, the exported object is confiscated and the perpetrator — fined.
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