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EN
The author, dealing for several dozen years past with social protection of historical monuments, discusses the legal aspect of monument protection against the background of the relevant Law of 1962. What is tackled in greater detail is the question of the possibilities of saving monuments which are privater or social property. Stress is laid on lack of coordination between the provisinons of the Law and those binding on other ministries and bodies liable to command of historical buildings and monuments (e.g. the Ministry of Agriculture). A postulate is made for incorporating in the Law of a more explicit ban on building work being conducted on the area of, or within, historical monuments without the permission of the Head of the Voivodship Conservator’s Office. The final part of the article is devoted to the importance of, and the part played by, social coustodians of monuments who encounter in their work lack o f understanding on the part of the local authorities and users of historical buildings as well as other monuments. The author concludes in a postulate for amending the Law of 1962 in regard to all the questions raised in his article.
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.
EN
This article aims at discussing the legal issue of guardianship of monuments by analysing the definition of guardianship of monuments, specifying the activities carried out by the individual entities under the guardianship and comparing the definitions of guardianship and protection of monuments. The term of guardianship of monuments was reintroduced to the Polish legal system along with entrance of the Act of 23 July, 2003 on the protection of monuments and of the guardianship of monuments into force. According to the legislators, this term, construed directly, lays down the scope of rights and obligations of the owner or holder of monument, related for the most with custody of the monument. However, the term of monument guardianship refers also to the other entities, being not the holders of the monument. Pursuant to the provisions of the Act of 23 July, 2003 on the protection of monuments and of the guardianship of monuments, also the governmental administration authorities, self-governmental administration authorities and institutions of culture specialized in the guardianship of monuments and social guardians shall be competent for carrying-out specific activities in the area of guardianship of monuments. The guardianship of monuments is of individualized nature, and the entity competent for its performance is the owner or holder of the monument. From the civil law perspective, the guardianship of monument constitutes a set of obligations resulting in limitation of the property right. The guardianship is performed by taking specific actual actions (e.g. carrying-out conservation, restoration or construction works in the monument) and by ensuring proper conditions for carrying-out scientific activities. From the legal perspective, the guardianship refers to the monuments i.e. the objects compliant with the legal definition of the ‘monument’, laid down in Article 3 (1) of the Act of 23 July, 2003 on the protection of monuments and of the guardianship of monuments, regardless of the fact, whether these are covered by any form of protection (e.g. entry into the register or record of monuments), or not. The author reviews the definition of ‘monument’ currently in force critically, pointing out at relativisation of this term. The Act of 23 July, 2003 on the protection of monuments and of the guardianship of monuments introduces for the first time the terms of protection and guardianship of monuments. The basic differences between these two terms include designating the competent entity and specifying its rights and obligations. The obligations related to guardianship of monument, in direct approach, are targeted on its owner or holder, whereas the protection of monuments is performed by the public administration. Key similarities between the protection and guardianship of monuments include common object of the protection and guardianship (monument) and common purpose behind them i.e. preservation of monument in possibly best condition. The territorial self-government units play a double role as the entities performing the guardianship of monuments. On one hand, as the owners or managers of monuments, are obliged to take care of them, whereas on the other hand, guardianship of monuments is also one of public tasks, for delivery of which such territorial self-government units have been appointed. The tasks of the commune include establishing and keeping the record of monuments in order to deliver the key task of the territorial self-government units within the guardianship of monuments i.e. drawing-up the monument guardianship programmes. The institutions of culture specialized in the guardianship of monuments are also involved. The National Heritage Board of Poland is responsible, on behalf of public authorities, for performing scientific research and documenting the monuments as well as popularization and distribution of knowledge on the monuments and their importance for both history and culture. The tasks of the National Institute for Museums and Public Collections include, among others, collecting and propagating knowledge on the museums, museum exhibits, public collections and historical objects as well as forming social awareness in the area of values and preservation of cultural heritage. Also the museums, with significant amounts of movable and archaeological monuments, play an important role in the guardianship of monuments. The specific nature of the activity of the social guardians of monuments lays behind the motivation, the heart of which is their interest in monuments and internal need to care of them. The social guardians of monuments take the actions targeted on preserving the monuments’ value and maintaining them in possibly best condition as well as propagating knowledge about them. The summary consists in evaluation of distinction between the protection and guardianship of monuments. This differentiation seems to be transparent and straightforward only at the very first moment. Thorough analysis reveals that the term of guardianship of monument covers numerous meanings and connotations, depending on the targeted entity. The author points out the issue of unequal allocation of obligations related to preservation of cultural heritage between the public authorities and monuments’ holders. Therefore the afterthought, whether maintaining of the differentiation between protection and guardianship of monuments is necessary, seems to be reasonable. At the same time, the role of the state in the area of its constitutional obligation to preserve the national heritage should be defined anew to impose more tasks on the public authorities.
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