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Content available Regulacja ustawowa ochrony zabytków
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EN
The point today is not only a new conservation policy but, first and foremost, the acceptance of legal and organizational solutions that will take into account realities of an economic reform, the emergence of a new system of people’s councils and territorial self-government as well as postulates of the users of historic structures and of conservation profession. Hitherto publications, reports and comments on this problem are comprehensive and they have to be taken into consideration. The evolution of the term "historic monument" from individual objects to the notion of "historic landscape" (cultural landscape, historic area) determines the scope of protection in a novel way. It is thus necessary to synchronize legal solutions and organizational structures in the field of environment protection, spatial planning and monuments' protection. There should be created a system of mutual associations and uniform actions in the protection of natural and cultural forms. This aim cannot be achieved merely by expanding the hitherto Law of February 15, 1962. What is needed is an entirely new legal regulation of the protection of monuments. Effective protection calls for the introduction of an economic value for monuments to make possible a practical application of penal and civil legal sanctions for devastation of monuments. Of importance are also economic motivations such as bank crediting, reduced taxes and state financial aid for users and owners of monuments. The new Law on the protection of monuments should offer a possibility to bring into life the State Council for the Protection of Historic Landscape. It would cooperate with the already functioning State Council for Territorial Management and the State Council for Environmental Protection. The Law has to determine a role of ministers and tasks of central bodies within the protection of monuments, coordination activity of the minister of culture and arts with regard to state administrative bodies as well as cooperative and social organizations in the field of monuments’ protection, tasks of executive and governing bodies, people's councils engaged in monuments protection and including monuments’ conservators at voivodship and town levels, town mayors, districts and communes. Organizations appointed to cooperate with bodies of monuments protection should, .according to the Law, include the Centre of Monuments Documentation in Warsaw and its regional branch offices, Offices for the Research and Documentation of Monuments in voivodship towns and their regional sections headed by regional monuments conservators, archaeological — conservation centres as well as other specialized scientific and research institutions. The creation, on the strength of the Law, of social bodies for monuments protection would offer a practical and legal possibility for local organizations and associations to look after monuments in their respective areas of work.
EN
The article explores directions of possible changes to be made to the model of monument protection. It not only recommends specific provisions but also focuses on a model understood as a structure of definitions and relations existing among them. This allows for rough description of a selected aspect of reality. The analysis comes down to deliberations on monument protection system, including necessary duties and competences of government and local government administration bodies. Effects of the principle of subsidiarity and decentralisation of Polish historic preservation administration were brought into special focus. Additionally, narrow scope of duties was determined for state and local government administration bodies.
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