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EN
The establishment of a suitable law on the protection of cultural property is a difficult and laborious undertaking. It is not surprising, therefore, that heretofore work on its successive projects and accompanying debates did not end with full success. Nonetheless, their results proved to be of use, since they mobilised the concentration of the conservation milieu, stimulated the activity of the authorities, and, predominantly, made it possible to formulate numerous problems calling for legal regulation. Upon this basis, the author considers a number of motifs which, in his opinion, are of particular importance for further w ork and discussions on the law. Some of his reflections concern the legislation technique alone, e. g. the division of issues requiring legal regulation into those qualified for statuary solutions and those which can be resolved by means of acts of a lower rank. Moreover, the au th o r postulates a combination of the crucial points of the statute with the resolutions of the Constitution of the Republic of Poland. Further themes of the reflections refer to fundamental conceptual and terminological questions, whose definition will exert a decisive impact on the manner in which the law in question is to function. Within this range, the author places in the foreground a conceptual and terminological distinction of two autonomous albeit closely overlapping spheres, chosen from all the ventures serving the preservation of cultural heritage. They include legal-administrative efforts, which can be implemented solely by state bodies upon the basis of rights due exclusively to them, and a sphere of all other activities, whose realisation does n o t call for such privileges, but only for suitable p ro fessional qualifications. Furthermore, the author draws attention to the fact that heretofore studies and discussions ignored a number of essential details. By way of example, they did not introduce an extremely important entry p ro claiming that the protection of cultural heritage is of great significance for public interest. The article ends with a call for the continuation and expansion of w orks and debates on the future shape of the statute.
EN
The social protection of historic monuments in Poland dates back to the beginnings of the 19th century. In the early days this protection was executed through activities of sight-seeing, regional and scientific societies as well as thanks to initiatives of private persons. During the partition of Poland their activities had a clearly patriotic nature. An important role in the protection of Polish monuments was played by the Society of the Preservation of Historic Monuments, the Society of History and Monuments of Cracow, the Polish Tatra Society (the PTT) and the Polish Tourist Society (the PTK) which published, i.a., renowned magazines „Ziemia” (The Earth) and „Wiadomości Konserwatorskie” (Conservation News). . The PTK and PTT as well as the PTTK (which came to life after the fusion of the former two societies) contributed significantly to the rescue of numerous historic monuments and to the mobilization of the society and conservation services to more active work. The group of nearly 7,000 social monuments protectors has great attainments in this field to its credit. Their main objectives are: (1) to maintain the object under their protection in a proper condition, (2) to look after a proper management of the object, (3) to propagate its historic values. The endeavours of social monuments protectors concern mainly less known structures that are rather in a bad technical condition and that are extremely important to the protection of the landscape and cultural environment of the man as well as to the history of the nation. They can also perform some other tasks such as to prepare an inventory or a simplified register, to draw maps and plans as well as make photographic documentation. The PTTK commissions of monuments protection agree these activities with monuments conservators and cooperate with other social associations engaged in the protection of monuments including youth organizations. Social protectors carry out broad campaigns aimed at the propagation of monuments amongst millions of PTTK members. Authorities of this organization attach great importance to the undertaking of large actions on behalf of monuments protection, their popularization and preparation of its members and the entire society to the fulfillment of the tasks envisaged in the Law on the Protection of Monuments and Museums of February 15th, 1962.
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