THE EFFECTS OF POSSESSING HISTORICAL MILITARIES (Skutki posiadania zabytkowych militariów)

From the viewpoint of formal-legal demands, historical militaria should be treated identically as all other monuments, that is, according to the Statute on the protection of historical monuments. Within this context, specific features are disclosed by two groups of the titular militaria: those mentioned in the register of historical monuments, in relation to which the statute in question foresees increased protection requirements, and militaria which comprise archaeological monuments, as defined by the statute. Eventual decisions concerning militaria attach crucial importance to the legality of their possession, i. e. that the owner, e. g. the collector, could prove that he is legally entitled. In the case of a large group of historical militaria, including those considered archaeological monuments, regulations recognise the right of ownership as belonging to the State Treasury. This means that such militaria should not be kept by private persons but become entrusted to suitable public institutions, as a rule, museums. In a situation when a private person is the legal owner of historical militaria he is obligated to protect them according to the binding system, i. a. by applying indispensable conservation and, in justified cases, rendering the monuments available to organs responsible for the protection of historical monuments. Neglect of statutory duties on the part of the legal owner could result in administrative sanctions, including the demand to carry out conservation or even penal sanctions if the conduct of a given person or persons possesses the features of a crime or misdemeanour, mentioned in articles 108-119 of the Statute on the protection of historical monuments.