Tytuł pozycji:
Charakter prawny decyzji i zezwoleń w sprawach ochrony zabytków
The article presents activities of conservation organizations from an administrative and legal point of view. Activities of conservation services have a strictly defined legal scope and come under material and juridical regulations. These bodies have been set in the structure of state administration and as such are subjected to legal norms. In fulfilling the duties imposed on them bodies of conservation services may make decisions and grant permissions in questions that concern the protection of monuments and that because of their nature are included into a group of administrative decisions. In executing their tasks organizations of conservation services use also certificates that in the theory of administrative law are called „attestations". Most of the chapters is, however, devoted mainly to administrative decisions. The first two chapters of this work deal with introductory, explanatory and analysing decisions, describing their characteristics and contain also comments on a systematization of decisions on the protection of monuments. Of vital importance at this point is a precise specification of the organizations empowered to make such decisions. Hence, the author concentrates his attention on problems associated with the scope of activities, powers of conservation bodies. Moreover, the author analyses aims and motives which have to be taken into consideration in a complicated process of decision-making. Further on in the study, the author discusses problems concerning a legal justification of decisions on the recognition of monuments (entry into the monuments' register), nature of this administrative document and premises taken into account by bodies of conservation services prior to taking such a decision. Of great importance to broad and comprehensive protection of cultural property (i.e. not only monuments) are attestations that confirm the character of the object and justify their exemption from a statutory prohibition of the exportation abroad of objects that have qualities of cultural property. In a legal analysis of attestations in the field of the protection of monuments, acknowledging merely the existence of a certain factual or legal status, usually on the basis of agreements made earlier, the author draws attention of the Readers to, i.a., the necessity of protecting some of the cultural property which has been produced after May 9th, 1945 provided that it is important for Polish and world cultural heritage. These problems are inseparably linked with theoretical, practical and legal problems of the character and importance of attestations for temporary or permanent exportation of cultural property (monuments) abroad. In all these chapters attempts have been made to compare present regulations on the protection of monuments with the laws that were in force in the twenty-year inter-war period. Such comparisons are justified, the more so that then laws were not that ineffective and were certainly characterized by a modern complex approach to problems associated with the protection of monuments. The last chapter of the work is an attempt to specify the role and possibilities of Polish administrative jurisdiction in the control of the lawfullness of decisions on the protection of monuments. Of great significance are problems associated with questions covered by a juridical control of lawfulness of decisions and legal effects of verdicts of the Supreme Administration Court. The final part of the work gives examples of decisions on problems associated with the protection of monuments aimed at better understanding of earlier considerations.