Protection Of Historical Monuments Research Articles

Probleme privind protejarea patrimoniului cultural imobil în legislația de specialitate și documentațiile de urbanism

Built cultural heritage protection is ensured by two types of legal tools: legislation that rules the field of historic monuments and urban planning laws and regulations. However, in practice, the efficiency of these instruments is sometimes questionable. At a closer look, the cultural heritage and urban planning policies contain contradictions and discontinuities caused by legislation gaps and overlaps. The lack of accuracy distorts the sense of legal stipulations, leading to serious heritage preservation issues. In order to guarantee the protection of historic monuments and their buffer zones, as well as the preservation of other protected areas and the valorization of their assets, the legislation on urban planning and cultural heritage preservation establishes that urban planning documents should contain relevant information and specific regulations. In practice, one can notice that this fundamental principle is sometimes treated in an unsatisfying manner. The improper interpretation of the legislation and official documents represents a real menace to the cultural identity of our environment and could cause severe damages to our common inheritance.

System ochrony zabytków – studium ewolucji w latach 1918–2023

The system for the protection of historical monuments has evolved continuously. Its origins in the Polish lands date back to the time of the Partitions of Poland. They are connected with the distinctiveness of the approach to "memento" in the Austrian, Prussian and Russian partitions. The Austrian partition was dominated by a collegial mode for resolving conservation issues and the use of public opinion. This model was largely the basis for the creation of the preservation system in 1918, in free Poland. In the course of 105 years, its organisation and functioning have changed many times. It still requires constant improvement and reflection in such dynamically changing social, political, scientific and technical conditions. These are not the only factors that indicate the directions in which change is sought. The social factor is also important, evident both in the need to protect monuments and in the increasingly strong need for broadly interpreted care for monuments, contemporary cultural assets and cultural and landscape heritage. The legal factor, related to the codification of the issues of monument protection, building law and space conditions, was and is also extremely important. A 'standardisation' and integration of the system of protection of monuments and cultural heritage seems to be needed. It may also be worth considering a so-called Conservation Code that would standardise the whole issue.

Issues of preservation and restoration of historical monuments in the occupied territories

ABSTRACT War always results in civilian casualties and destruction of civilian infrastructure, architectural monuments and historic buildings. Systematic analysis of the current situation of historic sites in the occupied territories reveals fundamental problems and unresolved issues in preserving the heritage of areas that are not under the control of the Kyiv government. There are shortcomings in the regulatory framework of legal status, protection and preservation, as well as violations in the occupied territories. The activities ofvarious countries in determining the status of historical monuments are reviewed. Positive and negative aspects of the policy of protection and restoration of cultural heritage objects are outlined, and practical recommendations are made for improving the protection of historical monuments in the occupied territories.

Creative heritage of Dimitry Dan and its international perception

Dimitriy Dan (1856–1927) was a priest, ethnographer, historian, publicist, member of the Romanian Academy of Sciences. Thanks to his publications in German, his works became available to scientists of the Austro-Hungarian Empire and other countries. His works have been included in bibliographic indexes during his life, reviews of them have been published in leading scientific journals of that time. The purpose of this article is to outline the main directions of D. Dan's research and to make a classification of his works, as well as a generalization of the international perception of his creative heritage. Source base. The work is based on search work in museum institutions, archives, libraries of Chernivtsi (Ukraine), Chisinau (Republic of Moldova), Suceava (Romania), the use of special information and search systems on the Internet (including the use of online archives of European journals , almanacs, societies, libraries, etc.). This made it possible to analyze leading magazines in the field of history and ethnography, Bulletins of National Libraries, Materials of International Congresses and Conferences, albums of the period 1890-1918 of such European countries as France, Poland, Germany, Austria, Bulgaria, Russia, Hungary, Great Britain and USA in the period 1890–1927. Secondly, to analyze the international perception of D. Dan's scientific works among scientists in Europe and the USA in the period after D. Dan's death (1927) until the present day. Methodology: bibliographic analysis, use of special information and search systems on the Internet. The research is relevant for the comparative determination of the importance of the researches of different scientists. A more in-depth classification of D. Dan's works (Appendix No. 1), an analysis of international significance, and the use of special search engines on the Internet confirm the novelty of the proposed article. Conclusions. A detailed study of D. Dan's creative heritage allows us to classify his works into the following categories: historical works; “monographs of villages”; description of different ethnic groups of Bukovyna; ethnography and folklore; sermons and articles devoted to spiritual and church matters; museology, protection of historical monuments and paleography; toponymy and natural history of Bukovyna; journalistic works; translations of works; memoirs, reviews and obituaries. The analysis of leading magazines and yearbooks, Bulletins of National Libraries, materials of International Congresses and Conferences, albums, bibliographic and scientific works gives us grounds to state the wide lifelong recognition of the importance of D. Dan's works in Bukovina, in the Austro-Hungarian Empire, as well as in such countries as Germany, Great Britain, USA, France, Poland, Russia, Bulgaria, Hungary; as well as in the period after his death among scientists in Europe and the United States. This testifies to the recognition of the value of his works by the international scientific community. His works devoted to ethnic groups of Bukovyna became the most famous, mainly those published in German. The analysis showed that the works of D. Dan, as one of the first and authoritative researchers of ethnic groups of Bukovyna, are still referred to in Europe and the USA.

Case Studies from the Last 5 Years’ Restoration Projects of Historic Monuments in Sopron

During the period between 2017 and 2022, the facades of 25 buildings were renovated within the framework of the Modern Towns Program in Sopron. Due to the development supported by the Hungarian Government, the Lenck House was born again and a Museum Quarter was established by the joint opening of the buildings at 6-7-8 Fő tér. This study describes the restoration process of the facades of three historic buildings, giving an insight even into the processes of authorization and execution. The aim is to present the work of the Hungarian authorities in the field of the protection of historic monuments (with special regard to Sopron), and to highlight the results of such renovations of historic buildings that have been carried out lately.

Proposed Polish Advertisement Levies – An Efficient Source of Public Income or Instruments of the Political Battle?

This article analyses the bill of 2nd February 2021 on additional revenues of the National Health Fund, the National Fund for the Protection of Historical Monuments and the establishment of a Fund for the Support of Culture and National Heritage in the Media Area. The draft legislation, the announcement of which has triggered an unprecedented blackout protest in private media as well as a mass anti-government protest on the Internet, provides for the introduction of new public levies called advertisement contributions and the establishment of a new state special-purpose fund – the Fund for the Support of Culture and National Heritage in the Media Area. The aim of the article is to identify and present those provisions of the draft act which have evoked most controversies and have given rise to the stiff social resistance to the proposal. The first part of the paper is devoted to the assessment of the regulations within the context of the objective of the bill that was declared by the drafters in the legislative rationale. The analysis carried out has supported the assumption that providing adequate finances for those special-purpose funds that are strongly involved in remedying the consequences of the SARS CoV-2 epidemic was not a genuine purpose of the bill. It also leads to the conclusion that there is no constitutional justification for such a special-purpose levy. In the second part, the controversies over technical components of the advertising levies have been presented and analysed. On the basis of this analysis, it is possible to conclude that some of the qualitative and quantitative elements of the so-called advertisement contributions may give rise to interpretative doubts. The implementation of the research objectives made it possible to formulate a thesis that the advertisement contributions, as drafted, would not be efficient instruments of fair taxation of digital economy but rather would form instruments for achieving certain political objectives.

Rodzaje odbitek występujących w grafice artystycznej w kontekście nieuczciwych zachowań uczestników rynku dzieł sztuki

Types of copies in artistic prints in the context of dishonest behaviour of art market participants The study analyses dishonest activities related to the types of copies of artistic prints, which are undertaken by participants of the art market. In the introduction, legal regulations concerning counterfeiting of artistic prints were discussed. Appropriate legal qualification of an act is important in the context of assigning criminal responsibility and the level of threat of punishment. As a rule, if an object is a historical monument within the meaning of the Act on the protection of historical monuments, the provisions of art. 109a are applied, which penalises counterfeiting or falsifying the historical monument in order to use it in the trade of historical monuments. Other cases are governed by art. 286 §1 of the Penal Code, which penalises fraud. However, not all actions undertaken by dishonest bidders and concerning the disposal of a plate or interference with the composition placed on it constitute forgery. Some of them constitute fraud, others, for example, deliberate lowering of the print run in order to artificially increase the demand for a given object. The article then lists the types of copies and briefly describes them. These include: copies made by the printmaker or a printmaking workshop working with the printmaker, copies with an original purpose other than commercial, posthumous copies, and copies from retouched plates, corrected or altered to some extent. The type of the copy is one of the factors determining the collector’s value of artistic prints. The last part of the study was devoted to state alteration, which is one of the ways of counterfeiting artistic prints. Condition alteration may be the effect of interference in the original plate or the copy itself. The final effect of the procedure is the change of the copy or the plate, which results in the adoption of a different state. Final conclusions are included at the end.

NƏQLİYYATIN TARİXİ ABİDƏLƏRİN MÜHAFİZƏSİ SAHƏSİNDƏ YARATDIĞI PROBLEMLƏR

The article deals with the issue of the constant increase in the number of vehicles in the world (especially car parks), which affects the environment, but is not widely reflected in the technical literature. That is, the problems created by transport in the field of protection of historical monuments. Specifically, the article provides information on the transmission of fluctuations in the flow of traffic flows through the supporting surface of the surrounding construction sites (including historical monuments) and the resulting vibrations in their foundation and structure. At the same time, it examines which of these vibrations are most dependent on traffic flow.

Общая характеристика сирийского Закона об охране исторических памятников

Relevance. One of the most important tasks of the state at the present stage of development is to preserve the universally recognized achievements of the cultural and historical life of our ancestors. Respect for one's past is of particular importance for the formation of a national ethno-cultural identity. The Syrian legislation has a unique character in this part, where at the same time a criminal law norm and a norm of the Law on the Protection of Historical Monuments can be applied to the perpetrator. Despite the fact that the Law on the Protection of Historical Monuments is an integral part of criminal legislation, it defines the rights and obligations of both individuals and legal entities, specifies the powers of state bodies, i.e. performs not only a protective, but also a regulatory function. The ongoing armed conflict in Syria, when historical monuments are being destroyed, underlines the urgency of the study of protective legislation. The purpose of this study is an in-depth characterization of the law on the protection of cultural and historical heritage monuments, the development of theoretical provisions and recommendations for improving the legislation of the protection law and protection of cultural and historical heritage monuments. Objectives. These goals lead to the formulation and solution of the following tasks: to present the concept and types of objects of cultural and historical heritage; to determine the specifics of the legal regulation of the order of preservation of ancient monuments; to identify problems and propose ways to solve them in the field of regulation of the protective legislation of Syria of cultural heritage objects. Methodology. In the course of the study, the subsequent methods were used: analytical, formal-legal, and ab-straction methods, which make it possible to formulate the main conclusions. Results. Proposals have been formulated that may be useful in the development of the Law on Antiquities. Conclusion. The present study tackles issues such as the definition of ancient monuments, their types, the provisions on the right of ownership and some legal norms according to which these monuments are protected, as well as on the types of crimes committed against cultural heritage objects.

TWO PERSPECTIVES ON THE ACT ON MUSEUMS

In the paper the analysis of two newly published commentaries (2021) on the Act on Museums is conducted: the first commentary by A. Barbasiewicz, a lawyer specializing in cultural heritage, and the other by a team of scholars: Z. Cieślik, I. Gredka-Ligarska, P. Gwoździewicz- -Matan, I. Lipowicz, A. Matan, K. Zeidler specializing in administrative proceedings and legal protection of historic monuments. Both publications represent various perspectives on the same issue, thus complementing one another. The difference in the approach makes them both useful to experienced practitioners on the one hand and those who happen to confront these topics for the first time one the other. Importantly, both have been written in a clear language comprehensible to non-lawyers. Their high-rating cannot be diminished by the few critical remarks formulated in the paper.

Visibility as a Requirement for Protection of the Surroundings of Immovable Cultural Property: Paradigm, Incomprehension and Questions

The legal protection of historic monuments, under the framework of Algerian legislation, automatically implies the protection of the surroundings of the latter, defined in relation to a visibility relationship, determined at a distance of at least 200 m. Strongly influenced by the French colonial legislative heritage, does this approach really beocme valid and justified? Especially for listed buildings included in the medinas? What dimension should visibility have and how should it be addressed to ensure the effective enhancement of cultural heritage?

Enhanced Historical Limestone Protection by New Organic/Inorganic Additive-Modified Resins

The Cultural Heritage deterioration is a spontaneous decay process due to water percolation and air pollutant deposition. In this context, novel acrylic (Twinswet, TW) and siloxane-based (Alpha®SI30) resins were exploited starting from commercial products and then modified by adding either a commercial polysiloxane-based additive (TegoPhobe 1500N) or a precursor of SiO2 nanoparticles (Tetraethyl ortosilicate, TEOS) to improve the Vicenza stone surface hydrophobicity. Properties of the coated materials were studied using different techniques such as water contact angle (WCA), capillary absorption, colorimetric and water vapor permeability measurements. Accelerated UV aging and eight-month outdoor exposure tests (at Milan University campus) were also performed to determine the coatings durability. Notably, the addition of both additives slightly enhanced the surface hydrophobicity resulting in WCAs of about 140°, and decreased the water absorption especially for Alpha-based resins. Conversely, a reduction of water vapor permeability was observed, even if within the threshold value of 50%. Concerning the color variation, Alpha®SI30 preserved the stone external aspect; instead, TW smoothly modified the surface color. All of the studied coatings were stable to both UV aging and outdoor exposure. Hence, the present modified commercial coatings revealed to be very promising for the protection of historical monuments.

A műemlékvédelem, mint az egészséges környezethez való alapvető jog intézményvédelmi garanciáinak egyik pillére

A műemlékvédelemmel kapcsolatos szabályokról a kulturális örökség védelméről szóló 2001. évi LXIV. törvény önálló fejezetben rendelkezik. A kulturális örökség védelme magába foglalja a műemlékekre, a régészeti örökségekre, valamint a kulturális javakra vonatkozó szabályokat egyaránt. A kulturális örökség védelméről szóló törvény különbséget tesz a műemlék és a műemléki érték fogalmak között, amelyek vizsgálata alapján megállapítható, hogy a műemléki érték egy tágabb fogalom, amelynek egyik típusa a műemlék. A definíciókból adódóan nem minden műemléki érték minősül műemléknek, az elhatárolás alapja a védetté nyilvánítás. A műemlékvédelem általános feladatait a kulturális örökség védelméről szóló törvény a műemléki értékek, a műemlékek és környezetük, valamint az oktatás-kutatás kategóriák mentén határozza meg. A műemléki értékek tekintetében a legfőbb feladat azok felkutatása, tudományos kutatása, értékelése és számbavétele, dokumentálása, nyilvántartása, védetté nyilvánítása. Tanulmányomban elsősorban a műemlékek védelmét érintő kérdéseket kívánom bemutatni.

Legal Liability for Violation of Romania’s Legislation Regarding the Protection of Historical Monuments, an Integral Part of the National Cultural Heritage

The loss of cultural property is irreparable and irreversible. Any disappearance of cultural heritage will inevitably affect all areas of the life of present and future generations will lead to spiritual impoverishment, ruptures in historical memory, and the ruin of society as a whole. They cannot be compensated either by the development of modern culture or by the creation of significant new works. The accumulation and preservation of cultural values is the basis for the development of civilization. The research topic is the analysis of Romanian legislation, which provides responsibility for the destruction or damage of history and culture monuments; the practice of applying these rules in the field of use and protection of monuments of history and culture; trends and ways of developing the legislation in this field; lastly, the problems of improving the criminal and contravention legislation on this subject. There are a series of norms of criminalization of some antisocial behaviors in the field of protection of the immovable national cultural heritage in the legislation in force. Thus, the central objective of this study is to systematically present the rules that correspond to this description.

Eye tracker jako prospołeczne narzędzie zarządzania dziedzictwem urbanistycznym i architektonicznym

Subiektywny punkt widzenia ekspertów często znajduje przełożenie na próby swobodnej reinterpretacji zapisów aktów prawnych. Uczestnikami „sporu o zabytek” mogą być zarówno inwestor, architekt, konserwatorzy, politycy, urzędnicy, jak i osoby trzecie - obywatele. W celu umożliwienia obiektywizacji podejmowanych decyzji, nawiazania dialogu opartego o wspólny punkt odniesienia lub danie społeczeństwu możliwości sprzeciwu, proponuję wykonywanie badań okulograficznych. Eye tracking (czyli okulografia) pozwala na śledzenie tego, w jaki sposób ludzie zapoznają się z prezentowanymi im przedmiotami. Dzięki rejestracji ruchów gałek ocznych dużej grupy obserwatorów możliwe jest zbadanie preferencji rządzących tym procesem jak i zaobserwowanie zmian wynikających z modyfikacji wprowadzanych w obrębie prezentowanego obiektu. W artykule zwięźle omówiono możliwe zastosowanie okulografów dla potrzeb różnorodnej, prawnej ochrony zabytków oraz wielowątkowego umożliwienia społeczeństwu uczestnictwa w tym procesie. W tekście umieszczono również argumenty za i przeciw wprowadzeniu takiej metody do powszechnego użytku. Dla czytelności wywodu zjawisko opisano w oparciu o przykład biblioteki wzniesionej w obrębie wrocławskiego Ostrowa Tumskiego. Celem artykułu nie jest podjęcie jednostkowej krytyki wspomnianej realizacji, a jedynie wyliczenie problemów, które mogłyby być sprawnie rozwiązane dzięki zupełnie nowemu podejściu badawczemu.

Imperatives of the Present: Black Lives Matter and the politics of memory and memorialization

Black Lives Matter is having a profound impact on how individuals and communities view their repressive histories and their present environments. The movement has greatly influenced the questioning of everyday landscapes and the role of official memory in the erection, maintenance, or removal of monuments and memorials. In this column, I shed light on these phenomena, and highlight the tensions that exist between the acknowledgement and removal of racist or problematic memorials and statues and the protection of historical monuments and cultural heritage more generally. A human rights approach to memorialization would be a step in the right direction, while recognizing that the imperatives of the present shape memorialization efforts. It calls on those in the human rights field to continue pressing for critical reflection and debate around racism and memory landscapes, and to call out and expose racism in all of its forms in order to bring about social change.

Legal Determinants of Participation of Residents of a Commune in Protection of Historical Monuments and Buildings

Protection of historical monuments and buildings is a government’s and local-government’s task. Participation of local government units in its implementation is crucial. At the level of a basic local government unit, protection of historical monuments and buildings is carried out by means of the possibility of establishing a cultural park which is one of the forms of protection of historical monuments and buildings. The legislator determined the process of establishment of a cultural park in detail and vested the activities initiating this process in the commune council. At the same time, it adopted regulations enabling inclusion of stakeholders in the works on establishing a cultural park. This study aims to analyse legal solutions guaranteeing commune residents real participation in the process of establishing a cultural park. On this basis an attempt will be made to answer the question whether applicable regulations, in the investigated scope, encourage members of self-governing communities to get involved in public affairs or whether they refer to the model of a resolution-making procedure in which the legislator unilaterally imposes obligations on and grants powers to entities under the law.

Bonifikata od ceny sprzedaży nieruchomości lub jej części wpisanej do rejestru zabytków – uwagi de lege ferenda na tle art. 68 ust. 3 i 3a ustawy o gospodarce nieruchomościami

The paper includes considerations intended to demonstrate the controversies related to application of paragraph 3 of Article 68 of the Act of 21 August 1997 on Real Estate Management (consolidated text: Journal of Laws 2020, item 65, as amended) and the need to carry out related legislative work. The weakness of the existing regulation is best seen in case of sale of real estate where a historic monument is located, if only part of the real estate (e.g. the building) is entered in the register of historic monuments. The aim of the proposed amendments is to introduce greater coherence between the administrative law protection of historical monuments and the civil law principles of legal transactions. The existing discordance means that interpretation of the current wording of paragraph 3 allows for drawing at least three conflicting conclusions as to the manner of determining the selling price to be reduced by the discount. The authors also try to show the possibility of granting permission for changing the rate of discount in local enactments of universally binding nature. In the article, dogmatic research is the main method used. This enables authors to conclude that granting a discount is only a process that influences the contents of the sale contract, not a condition that is decisive for or affects the transferability of a given legally protected good.

Stan badań nad dokumentacją zabytków powiatu bielskiego

This paper constitutes a critical analysis of a two-volume publication: Katalog zabytków sztuki. Województwo podlaskie (białostockie). Powiat bielski [A Catalogue of Artistic Monuments. Podlaskie (Białystok) Voivodeship. Bielsk County], published in a series “A Catalogue of Artistic Monuments in Poland” by the Institute of Art at the Polish Academy of Sciences. The author of this article presents the contents of the Catalogue and evaluates its usefulness for further, detailed research on regional history. He draws attention to a high substantive level of the reviewed work which was based on rich source material acquired by means of queries conducted in the Polish archives (e.g., State Archives in Białystok), foreign ones (Russian State Historical Archive in St. Petersburg), and other cultural institutions (e.g. Voivodship Office for the Protection of Historical Monuments in Białystok). The Catalogue also uses data from numerous scientific monographs, articles, and elaborations containing over 300 references. One of its assets, apart from the scientific content, is high editorial quality. The Catalogue presents rich illustrative material provided with detailed descriptions in the form of historical outlines of seventy-two settlements with the characteristics of included monuments, depicted in 1,427 colourful photographs. The author expands information on some of the monuments described in the Catalogue using archive materials stored in the National Archives in Białystok. These are e.g.: 20th-century photographs showing the town hall in Bielsk Podlaski and archival files on the technical condition of the Church of the Blessed Virgin Mary from Mt. Carmel in Bielsk Podlaski after the First World War. The potential reader of the discussed review article is offered a synthesis of the Catalogue’s contents. It also highlights its scientific usefulness for art historians and regionalists.

Main issues related to the protection of historic real estate: topic outline

The aim of the article is on the one hand to indicate and briefly characterise the main – although for obvious reasons not all – problems concerning the protection of historical monuments in Poland in general, and real estate monuments in particular, against the background of the general description of the cultural heritage protection law. These problems are already present when trying to define the object of protection; they are substantially related to the issue of social interest (often referred to as public interest or common interest) and come out in full light, in the process of applying the law, when dealing with the issue of too wide a scope of discretionary power of the historic monuments protection authority. On the other hand, and even more importantly, the aim here is to indicate the problems that must be taken into account when planning the necessary changes to the law on the protection of historical monuments, first of all the Act on the Protection and Care of Historical Monuments of 23 July 2003, which is often referred to as the „constitution for the protection of historical monuments in Poland”. Lack of reaction to negative events, including undertaking appropriate legislative actions, but also those aimed at improving the quality of law application by institutions for the protection of historical monuments, will often lead to irreversible and irreparable changes in the Polish national heritage.