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System służb ochrony zabytków w Polsce a społeczna partycypacja w ochronie zabytków

Fuglewicz Stefan

Ochrona Dziedzictwa Kulturowego

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2016

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Nr 1

51--60

EN

The role that civil society plays in protection of historic monuments and sites is defined in Polish strategic documents. No procedures for cooperating with historic preservation officers have been, however, established. This article looks at an organisation named “Social Guardians of Monuments and Sites” and says why it is necessary to use its services in view of the existing system being inefficient. Additionally, it also explains reasons behind this inefficiency and explores various cooperation possibilities. Moreover, the article points out that even when the services responsible for protection of monuments and sites are reformed, cooperation with the above-mentioned organisation will be still needed and justified. This results not only from considerable disproportion between responsibilities and possibilities of both institutions but also from effectiveness of the government body being questionable. Furthermore, the structure of historic preservation services should be based on cooperation requirements - it should be simple, clear, and should allow for using already gained experience.

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Razem czy osobno, czyli o potrzebie zintegrowanej ochrony dziedzictwa kulturowego i przyrodniczego w działalności urzędów konserwatorskich

Lewicki Jakub

Ochrona Dziedzictwa Kulturowego

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2016

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Nr 1

85--92

EN

Before 1945, protection of monu-ments and sites and nature conservation had beena single field. After this year, however, they were separated and hence, both fields are nowadays independent of each other and develop in different directions. It has been emphasised for a number of years that cooperation and symbiosis between protection of monuments and sites and nature conservation need to be improved. It has been even suggested that both fields, for which different offices and two ministries are responsible, should be joined. This aim needs to be achieved not only due to the ways in which these fields function but also in order to increase their importance. New legal acts which emphasise the significance of cultural and natural heritage in managing and shaping the surrounding areas have come into force. Moreover, descisions pertaining to protection of cultural and natural heritage became more important and the changes to the body of law and ownership rights resulted in these decisions being risen to higher rank. As cultural and natural heritage protection intertwine each other, it is necessary to introduce integrated protection in both fields. This necessityis emphasised not only in a considerable number of legal acts and international documents but also in practical solutions applied in offices whose members of staff are responsible for nature conservation and protection of historic monuments and sites. Integrated protection can be also a successful attempt at strengthening the increasingly ineffective monument protection system. Increased cooperation between these two fields as well as their connection can be a strong impetus to develop practical aspects in protection of cultural and natural herit-age. It can additionally result in creating new tools which government bodies would be able to use for protecting historic monuments and sites – it must be emphasised that this protection, in order to be effective and successful, needs to be adapted to the changing reality and needs to be ready to face challenges posed by the modern world.

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Ratio legis est anima legis a potrzeba istnienia i wzmacniania państwowej służby konserwatorskiej w Polsce

Dobosz Piotr

Ochrona Dziedzictwa Kulturowego

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2016

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Nr 1

41--50

EN

This article focuses on the latin legal maxim read as „ratio legis est anima legis.” it needs to be emphasised that, unless they are well-considered, no approval will be granted to acts which are invalid from legal and formal perspective or under which legally incorrect substantive solutions are to come into force. the author of this article claims that polish central government may prove useful in the field of protecting historic monuments and sites. Furthermore, the article also explores experiences through which the German government went in the areas pertaining to constitutional law and organisation of German (federal and lance) historic preservation administration. In the conclusion, the author summarizes his deliberations on the polish model of administrative bodies responsible for conservation and protection of historic monuments and sites.

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Meandry organizacyjne służb konserwatorskich w Polsce po 1918 r.

Oleksicki Antoni

Ochrona Dziedzictwa Kulturowego

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2016

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Nr 1

93--106

EN

This article briefly describes the history of historic preservation service in Poland after the year 1918. The author attempts to set out justifiable reasons behind the fact that historic preservation service is subordinate to the Minister of Culture and National Heritage. This subordinance was established between World Wars and right after the transformation in 1989, i.e. in the years 1991–1996. After this time, solutions used in socialism were readopted and hence, it was not possible to standardise protection of historic monuments and sites in Poland. The main message emerging from this article is that the bodies of historic preservation service should be subordinate to the General Historic Preservation Officer. Consequently, the structure will become less ambiguous: currently, in terms of merits, Regional Historic Preservation Officers are responsible to General Historic Preservation Officer. In administrative aspects, however, they are subordinate to governors of particular regions.