National Heritage Protection Research Articles

Improvement of the domestic system of national heritage protection using effective examples of foreign experience

The study of rich foreign experience in the preservation and use of cultural heritage makes it possible to apply various aspects of foreign practice in this area to form a promising cultural policy in the Russian Federation. The country has a rich potential of cultural heritage, which, however, is preserved and used not in the best way. At the same time, cultural heritage can become a kind of branch of specialization, a factor in the rise of local economy and stimulating social development for many Russian historical and cultural places, historical cities and historical and cultural territories. Foreign examples of practices in the field of heritage protection are analyzed, their application can contribute to the preservation and at the same time effective use of this specific resource of social and economic development in many Russian regions.

Application of experience gleaned from the WHL system in national heritage protection systems – opportunities and benefits

As part of the UNESCO World Heritage System, a unique methodology for the analysis of cultural properties and standards for their protection and management have been developed. The protection of UNESCO properties should be carried out in accordance with these standards. However, the protection of cultural property inscribed on the World Heritage List is carried out within the framework of national monument protection systems. Meanwhile, the standards, methodologies and procedures in force in the World Heritage system, developed by international experts, are in many respects not inconsistent with national heritage protection systems. Therefore, it is necessary to postulate the inclusion of the World Heritage methodology in national heritage protection systems. This is justified for two reasons – it will facilitate the protection of UNESCO properties in accordance with established standards, and it will improve the quality of national heritage protection systems.

Trade and Export of Archaeological Cultural Goods: A Conflict of Ideas

Under Polish law objects that are archaeological cultural heritage discovered, accidentally found, or acquired as a result of archaeological research, are the property of the state. This is the situation of the original acquisition of the monument. As a further consequence, archaeological monuments are excluded from trade (becoming res extra commercium). Besides trade, the export of archaeological cultural goods is also highly problematic. In the case of permanent export of a monument abroad, the law imposes the obligation to obtain a permit for such permanent export, issued by the minister responsible for culture and the protection of national heritage. The regulation in Polish law makes it almost impossible for any archaeological cultural goods to be legally exported. The restricted freedom on the market of works of art and monuments in relation to archaeological finds, together with the limited options of mainly temporary export, have created high activity in the black market, calling for a change of approach of the national law towards archaeological heritage. This leads to the question: Should we introduce some legal changes in the ownership rights of archaeological heritage to bring it closer to people?

Safeguarding Oman’s Cultural Heritage: Legislative Perspective

Oman’s cultural heritage is protected by a number of laws, the most important of which is the Cultural Heritage Law (CHL), which was issued in 2019 as a replacement for the National Heritage Protection Law (NHPL) that was in force since 1980. This paper reviews the protection and management of various types of cultural heritage under both these laws and other relevant national legislative tools. It discusses the aptness and adequacy of these laws to manage this heritage in light of the unprecedented development that the country has been witnessing since 1970. The study concludes that there are a number of aspects that need to be considered for the refinement and reformation of extant laws. For example, the legal and practical challenges that can arise from having a single law must be considered to manage and protect all types of cultural heritage. Also, the practicability of having two different organizations to manage both tangible and intangible heritage must be assessed. Finally, the study proposes to include the protection of cultural heritage in laws that have a direct and indirect relationship. Finally, it suggests the reconsideration of the separation of the bodies concerned with heritage from those concerned with culture.
 
 Keywords: Sultanate of Oman; cultural heritage; tangible heritage; intangible heritage; law.

Problemy konstytucyjne diagnozowane na kanwie ustawy o ochronie zabytków i opiece nad zabytkami – uwagi w świetle spraw zawisłych przed Trybunałem Konstytucyjnym

The constitutional review of the provisions of the Act on Protection of and Care of Historical Monuments has so far been initi­ated eleven times, with the use of various procedures and with differ­ent results, because so far only three matters have been substantially resolved. The subject of this study is an analysis of constitutional problems diagnosed in pleadings instituting proceedings before the constitutional court. The analysis of the research material leads to the conclusion that the repeated accusation of unconstitutionality is a disproportionate interference with property rights and reveals deficits in the procedural justice mechanism of property protection. As can be seen from the Tribunal’s statements, it does not give pri­ority to any of the values involved in the actual conflict when consid­ering requirements for the protection of national heritage contrasted with the expectations of effective protection of the right to property, but rather seeks a solution based on the principle of proportionality.

Wpłaty nawiązek i kar pieniężnych do Narodowego Funduszu Ochrony Zabytków

The National Fund for the Protection of Monuments is a state special purpose fund specified in Article 83b of the Act of 23 July 2003 on the protection and care of monuments. The provisions establishing the National Fund for the Protection of Monuments entered into force on 1 January 2018. The administrator of the NFOZ is the minister competent for culture and protection of national heritage. The current solutions regarding payments to the Fund are still of a temporary nature, as some of the changes entered into force in 2018, and the rest will come into force only in 2024. The aim of the article is to consider the most important aspects of the legal regulation of damages payments and fines to the Fund, including the creation and principles of operation of the Fund. These issues are also closely related to the process of replacing criminal provisions with a system of administrative fines, hence the analysis of this process on the basis of the Act on the Protection and Care of Monuments has also become an important element of the conducted considerations.

World Cultural Heritage Management Toolkit: Heritage Impact Assessment. Features and Prospects for Use in Russia

This study focuses on Heritage Impact Assessment (HIA), which is one of the elements of the World Heritage protection system and aimed at maintaining the Outstanding Universal Value. Due to the absence in the domestic scientific literature of works devoted to a generalizing understanding of the goals and objectives of Impact Assessment in the system of cultural heritage protection, the author focuses on revealing the content side of the concept of Impact Assessment, examines the process and reasons for the introduction of HIA as an independent tool for planning, managing changes and achieving public consent, identifies and analyzes the key principles for its implementation. Based on a consistent analysis of the provisions of international and domestic normative and methodological documents, as well as the practice of the Heritage Impact Assessment, conclusions are drawn about the aspects of the interpretation of the content, problems and prospects for using this tool for managing World Heritage in Russia. Attention is paid to the relevance and importance of Impact Assessments for the conservation of the Outstanding Universal Value of urban World Heritage sites and properties located in the urban environment. As a result of the study, the author formulated recommendations aimed at improving the effectiveness of the HIA and its full integration into the national heritage protection system.

Global challenges of the 21st century and their reflection in the culture of the Kingdom of Saudi Arabia

The article analyzes the problem of transformation of the cultural policy of the Kingdom of Saudi Arabia under the influence of global trends in the protection of national heritage and integration into the modern global world. It is shown that in the second half of the 20th century, when accepting globalization as a given has already become part of the policy of the leading countries of the East, large-scale modernization of the economy followed the path of borrowing technologies and preserving national values. The pace of this process was quite fast, but since Eastern societies recognize the "constant of tradition", they carried out modernization and, at the same time, strengthened the appeal to "antiquity", the protection of national identity, putting forward the protective factor as an imperative of cultural policy, as well as the development of the creative potential of the nation.

The practical use of police databases of stolen works of art in the protection of national heritage in selected European Union countries

The effectiveness in the protection of works of art constituting national heritage depends on many factors. These factors include, among other things, binding legal regulations within the scope of the protection of works of art and national heritage sites, good organisation of police forces specialising in this type of activities and cooperation in this field with other state and local government institutions and the wider society. Apart from police officers’ commitment and experience, police databases that are dedicated to works of art also play an extremely important role. This article presents selected police databases devoted to works of art that are currently used by police organisations and the role of these databases in protecting national heritage in selected European Union countries. The content of the article was prepared on the basis of the analysis of literature, existing legislation and interviews with police officers and experts. The information obtained during the interviews was subjected to qualitative analysis and presented in a descriptive version

Investments for Visitor Purposes at Archaeological Sites and Historical Monuments in Hungary

Proper management of monuments and archaeological sites as well as how to present them to the wider public have been critical issues for years in Hungary. Discussions on monument protection have focused mainly on the problems posed by the relationship between research into buildings and their surroundings and redevelopment programmes. In cultural tourism, the interests and needs of these two fields can meet or clash. In Hungary, this is most conspicuous in relation to so-called heritage development undertaken within the framework of the National Program for Mansions and Castles, coordinated by National Heritage Protection and Development Ltd (Nemzeti Örökségvédelmi és Fejlesztési Nkft, NÖF). Two sites, Sárospatak and Szabadkígyós, are presented in this article as examples of such archaeological research projects undertaken in preparation for the further development of an area.

Protection of national heritage in the light of the applicable law and the actions provided in this area by police in Poland

The issue of national heritage is an inseparable element of the existence of every nation. The article presents the legal regulations aimed at the protection of cultural heritage in Poland, as well as statistical data relating to crime in this area. The solutions adopted by the Polish police in the field of the identifying and combating of crime against cultural property and national heritage are also described. Furthermore, the article highlights the most serious crime against the national heritage that has occurred in Poland in recent years. The subject article was prepared on the basis of the analysis of literature, existing legislation and two interviews with Polish police officers.

The Disconnect between Heritage Law and Policy: How Did We Get Here and Where are We Going?

ABSTRACTThere is an apparent disconnect between the terminology used in heritage protection legislation on the one hand and that used in national heritage protection policy in the National Planning Policy Framework on the other. Nigel Hewitson explains how this disparate terminology came about, describes the correct approach to development management decisions involving heritage assets and provides a useful update on how the courts have approached the issues.

Great expectations: reflections on the 20th anniversary of Poland’s motorway construction rescue archaeology programme

This paper examines the political, legal and organisational aspects of rescue excavations carried out in advance of motorway construction in Poland during the 20 years that have elapsed since this development-led archaeology programme was first implemented. This analysis, which is deliberately one-sided, tries to determine why this comprehensive and ambitious programme was downgraded ten years after its launch and now bears little resemblance to the original concept. Why, despite the existence of an appropriate legal framework and the supervision of the National Heritage Protection Service, was it possible to breach the basic provisions of the European Convention on the Protection of the Archaeological Heritage (La Valetta, 1992), which states that rescue excavations should be governed by the principles of scientific research? The authors believe that the successful implementation of complex, long-term and costly projects funded by the public purse does not depend solely on having legal and organisational structures in place as well as professionals with the relevant experience to call on. Critical factors, particularly in countries emerging from authoritarian rule, as was the case with Poland at the turn of the century, include the (often changeable) political will of government, a lack of public engagement with archaeology and the absence of widely accepted professional standards in archaeological practice.

In pursuit of the heritage and place synergy: the environmental impact of Panemunė Castle as a heritage property and entirety of values. A study.

The study on Panemunė Castle examined this heritage object in an entirety of its values and their impact on the environment, with a possibility of their synergism for the benefit of the place. It found the contemporary national heritage protection framework failing to grant equal attention to elements constituting the multifaceted worth of the castle as a property, inclusive of the social, cultural, artistic values, the engagement of local communities, the important role of cultural tourism and the image of the place, and economic efficiency. The analysis of the different facets one by one and collectively has brought to the conclusion that the social, cultural, artistic and economic values of Panemunė Castle as a heritage property influence their environment, but are not experienced as a powerful driving force of the contemporary heritage protection. The process remains fragmented, sporadic and underdeveloped, with its elements failing to achieve synergism for the place.

Normatywna aktywność władz RP na uchodźstwie na rzecz ochrony dziedzictwa narodowego

The article discusses the issue of normative protection of national heritage by the Polish government-in-exile in the second half of the 20th century. Based on the legal acts signed by this government, unrecognised by the communist governments in Warsaw and the vast majority of international organisations, initially published in France and later, until 1990, in London, it was attempted to bring focus to these activities, particularly in the context of selected projects and the level of their financing. The narrative does not omit the system, introduced by the decree of President Zaleski, for voluntary contributions from citizens who recognised his authority in this matter, for example, for the Polish culture, as well as changes in the national emblem aimed at the confirmation of its centuries-old relationship with Christianity. Despite a relatively small possibility of having real impact on the course of global events, the organisational and financial effort made by the government-in-exile should be assessed positively, bearing in mind that, after the war, virtually all tools in the area of ​​such activity rested in the hands of communist government leaders in the country.

Institucionalização das práticas de preservação do patrimônio cultural no Brasil e na Argentina e suas relações com as atividades turísticas

Esse artigo analisa de modo comparativo a implantação das políticas de proteção ao patrimônio nacional no Brasil e na Argentina e suas relações com o surgimento do turismo. Enfatiza as semelhanças e dessemelhanças das experiências que foram similares em relação às suas finalidades nos dois países entre 1937 e 1946, período em que se consolidaram as ações nesse sentido. A institucionalização das práticas de proteção ao patrimônio no Brasil e na Argentina será analisada em seus aspectos legais; segundo a natureza e tipologia dos bens protegidos, os meios de disseminação dessas ideias e as relações entre patrimônio e turismo.

Beyond the Scope of Preservation? - On the life and potential national heritage protection of early Danish and Norwegian mass housing

Beyond the Scope of Preservation? - On the life and potential national heritage protection of early Danish and Norwegian mass housing

Archaeological legislation in the Sultanate of Oman

This paper reviews legislation relating to the safeguarding and management of Oman's diverse archaeological resource. It focuses on the National Heritage Protection Law (NHPL), other national legislation and regulations, and international conventions signed by the Omani Government. It also discusses the extent to which these existing legislative tools support the management of the nation's archaeological resource and the socio-economic changes that are taking place in the country. The paper also examines whether the legislation in place is apt for purposes of identification, management, conservation, research and for development planning needs. Certain concerns are raised. For example, the NHPL has not been amended since it was issued in 1980 and the issue of archaeology protection is absent from related national laws, especially those covering activities related to the environment, municipalities, mining and tourism. What also emerges is that current legislation has not fully been implemented by the relevant organisations, which consequently has negatively affected Oman's archaeological resource management. Finally, the paper proposes the evaluation of all the legislative tools that govern archaeological practice in Oman. It also urges an updating of the NHPL in accordance with new theoretical and practical changes.

Specifics of Heritage Protection System’s Management of the Republic of Lithuania: Case of Curonian Spit

On the basis of international and national legislation, the article analyses the heritage protection system of the Republic of Lithuania. Particular attention is given to the case of the Curonian Spit - a UNESCO World Heritage site (Cultural Landscape). Special attention is also given to the main international and national legal acts regulating heritage protection, major discrepancies of heritage terminologies, as well as general heritage protection principles. Later the discussion is focused on the institutions forming and implementing Lithuanian heritage protection policy and their role in the protection of the Curonian Spit's heritage. The article indicates the main legal and institutional factors of the national heritage protection system, which cause its insufficient effectiveness. The discussion ends with the conclusions on major disadvantages of heritage protection system of the Curonian Spit and possibilities for their elimination.http://dx.doi.org/10.5755/j01.ppaa.10.3.637

The Archaeological Records of Oman: The Challenge of Information Management

Although Oman’s National Heritage Protection Law (NHPL) of 1980 explicitly emphasises the importance of recording the country’s archaeological resource, no major attempt has yet been made to quantify it in a truly comprehensive way. And what few attempts have been made to do so in consistent and standard ways have seen attention limited to specific geographical regions and usually with research objectives that did not include recording. With Oman’s accelerating pace of modernization since the 1970s, parts of the nation’s archaeological resource have become exposed to and endangered by both natural and human factors. Some components have been partially destroyed, others increasingly threatened. It is, therefore, beyond dispute that the establishment of a national archaeology record is an urgent need. In response to such a reality, this paper highlights the neglected role of the archaeological records in the practices of both researchers and management. It reviews the present practices of the relevant bodies when compiling, verifying, storing, managing and exploiting information related to the nation’s archaeological resources. The paper also examines existing records in terms of their aims, scope, development, usage, limitations and adequacy. Finally, it suggests ways to enhance current practice and establish a national record of archaeological resources.