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

2020 ◽  
Vol 8 (4) ◽  
pp. 177-198
Author(s):  
Jacek Dworzecki ◽  
Izabela Nowicka ◽  
Andrzej Urbanek ◽  
Adam Kwiatkowski
Keyword(s):  
Cultural Heritage ◽  
Police Officers ◽  
Statistical Data ◽  
Cultural Property ◽  
Legal Regulations ◽  
Applicable Law ◽  
Serious Crime ◽  
National Heritage ◽  
The Subject ◽  
Protection Of Cultural Heritage

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.

Culture, conflict and armed non-state actors: cultural heritage protection in a changing operating environment

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mark Dunkley
Keyword(s):  
Cultural Heritage ◽  
Armed Conflict ◽  
Armed Forces ◽  
Cultural Property ◽  
Islamic State ◽  
Operating Environment ◽  
Content Type ◽  
State Actors ◽  
Protection Of Cultural Heritage

PurposeThis paper examines the implications, for States Parties, of the 1954 Convention safeguarding regime in the context of contemporary non-international armed conflict and ANSAs, with a general focus on the Middle East and in situ cultural property.Design/methodology/approachAs the nature of conflict changes and armed forces become further engaged in supporting peacekeeping operations and deliver training to host nation security forces, and human security becomes an increasingly important function of military operations, the protection of cultural heritage (as an expression of a people's identity) becomes a significant contribution to individual operations.FindingsInternational obligations to States Parties for the in situ protection of cultural heritage, under both International Humanitarian Law and HC54, become an ever increasing important responsibility for armed forces to help deliver.Research limitations/implicationsWhile NATO is increasingly focussed on the defence of western states parties from threats posed by the Russian Federation, and observing a commercially and military assertive China, a recent report issued by the Pentagon noted that the Islamic State in Iraq and Syria (ISIS) is regrouping in Iraq faster than in Syria and could regain territory in six to twelve months in the absence of sustained military pressure.Practical implicationsPreservation in situ is used by heritage professionals to refer to the protection of a cultural heritage asset in its original location while the in situ protection of cultural property is a cornerstone topic of the 1954 Hague Convention Special Protection category. The Convention was drafted with international armed conflict in mind but the initial signatories to the Convention had sufficient foresight to consider non-international armed conflict and its potential effect on in situ cultural property by parties to the conflict, including Armed Non-State Actors (ANSA)Social implicationsUN Security Council Resolution 2449 (December 2018) recognized the negative impact of the presence, violent extremist ideology and actions on stability in Syria and the region of both Islamic State of Iraq and the Levant (ISIL) and the Al-Nusrah Front (ANF). This includes not only the devastating humanitarian impact on civilian populations but also the unlawful destruction of cultural heritage.Originality/valueANSAs comprise individuals and groups that are wholly or partly independent of State governments and which threaten or use violence to achieve their goals, such as Islamic State. As such, the military operating environment has changed since 1954.

Part II Substantive Aspects, Ch.5 International Criminal Law and the Protection of Cultural Heritage

2020 ◽  
Author(s):  
Frulli Micaela
Keyword(s):  
Cultural Heritage ◽  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Cultural Property ◽  
International Criminal Law ◽  
Strong Impact ◽  
International Criminal Tribunals ◽  
Protection Of Cultural Heritage

This chapter looks at how international criminal law has become a crucial tool to foster the protection of cultural heritage. On the normative level, the main developments consisted in the introduction of rules criminalizing acts against cultural property in binding treaties dealing with the protection of cultural property in times of armed conflict. Then, international criminal tribunals (ICTs) paved the way for implementing individual criminal responsibility. Three different and partially divergent approaches have characterized the criminalization of acts against cultural property. The first two—civilian use and cultural value—emerged in different moments and had a strong impact on the drafting of rules criminalizing acts against cultural property in times of armed conflict. The third one, the human dimension approach, developed from the jurisprudence of ICTs and characterizes both the qualification of acts against cultural property as crimes against humanity and their role in proving the mental element of genocide.

scholarly journals The Protection of Cultural Heritage in the Sultanate of Oman

1996 ◽  
Vol 5 (2) ◽  
pp. 291-309 ◽  
Author(s):  
Alessandro Gugolz
Keyword(s):  
Cultural Heritage ◽  
Arab World ◽  
Sultanate Of Oman ◽  
National Heritage ◽  
The Rich ◽  
Protection Of Cultural Heritage

SummaryThe Sultanate of Oman has enacted a modern and detailed statute protecting its cultural heritage. It is one of the newest and most modern pieces of legislation within the Arab world and provides broad protection for the rich cultural heritage of the country. The enactment of the statute and its application to protect culture and the nation's cultural heritage became an important political aim, and the year 1994 was officially declared as the “Year of National Heritage”.

scholarly journals Use and Application of Firearms by the Police in the Light of Human Rights Standards in Poland

2020 ◽  
pp. 363-378
Author(s):  
Włodzimierz Fehler
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Statistical Data ◽  
Legal Regulations ◽  
Legal Analysis ◽  
Law Enforcement Officials ◽  
The Subject ◽  
Human Rights Standards ◽  
General Frames ◽  
Descriptive Method

The article is devoted to the assessment of the rules, possibilities and manners of using and applying firearms by the Police in terms of compliance with human rights. The first part of the study contains analyses focusing on general frames for the use and application of firearms and circumstances giving premises for the use or application of these arms. In the next section, the discussion covers the conduct of law enforcement officials preceding the use of firearms and refers to the question of the so-called special use of firearms. The content of the final part of the article covers mechanisms preventing abuse regarding the use and application of firearms and procedures for situations of breaching legal regulations for the use of such arms. The article closes with the summary where, based on the analyses of existing solutions and available statistical data, a conclusion is made that the Police exercise proper caution so as to ensure the observance of human rights in relation to holding legislative power to use and apply firearms. The key methods applied while preparing this article were the legal analysis and the institutional analysis. In the alternative, a descriptive method with the application of the critical analysis of the literature on the subject was also employed.

scholarly journals Złożenie oraz uzupełnienie oświadczeń lub dokumentów przez wykonawcę w zamówieniach publicznych

2020 ◽  
Vol 30 ◽  
pp. 217-231
Author(s):  
Katarzyna Poprawa ◽  
Keyword(s):  
Public Procurement ◽  
Legal Regulations ◽  
Applicable Law ◽  
The Public ◽  
The Subject

The following study is an introduction to the issues of submission and supplementing by the contractors (including self-submission and self-completion) of declarations and documents in public procurement proceedings conducted under an open tender in accordance with the Public Procurement Law. Due to the lack of precise legal regulations, the issue of submitting and supplementing statements and documents encounters different interpretations and difficulties in applying. The subject of these considerations is an attempt to answer the question whether the contractor can effectively, independently, without requesting by the contracting authority, submit and supplement the statements or documents required in the proceedings confirming the circumstances referred to in art. 25 § 1 of Public Procurement Law and the consequences this will have for the contractor and the contracting authority. The author presents examples of circumstances, the occurrence of which gives rise to interpretation problems, and the consequences of making incorrect decisions by the contracting authority. It also presents a model of conduct in accordance with the applicable law, based on the contracting authority's obligations, the fulfillment of which is a statutory obligation.

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

2021 ◽  
Vol 9 (2) ◽  
pp. 91-101
Author(s):  
Jacek Dworzecki
Keyword(s):  
European Union ◽  
Police Officers ◽  
Legal Regulations ◽  
Heritage Sites ◽  
Works Of Art ◽  
National Heritage ◽  
European Union Countries ◽  
State And Local Government ◽  
State And Local

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

What Does It Take to Protect Cultural Property? Some Aspects on the Fight against Illegal Trade of Cultural Goods from the Greek Point of View

2017 ◽  
Vol 24 (3) ◽  
pp. 351-376 ◽  
Author(s):  
Kostas Nikolentzos ◽  
Katerina Voutsa ◽  
Christos Koutsothanasis
Keyword(s):  
Law Enforcement ◽  
Cultural Heritage ◽  
International Law ◽  
Statistical Data ◽  
Point Of View ◽  
Cultural Property ◽  
Historical Background ◽  
Illegal Trade ◽  
Cultural Goods ◽  
Illicit Trade

Abstract:An overview of both the theoretical approach and the set of actions taken during the last decade by Greece – a country with a profound historical background and rich cultural heritage – to face the problem of the illicit trade of cultural goods. The article contains not only statistical data on recent cases of thefts, clandestine excavations, confiscations, and repatriations of cultural goods but also information on law enforcement and the effort to establish a network to fight the phenomenon on an international level. Aspects such as conforming to the international law, monitoring auctions of antiquities, raising people’s awareness, and reinforcing the current security status of museums and archeological sites are taken into consideration as successful methods for protecting the cultural heritage.

scholarly journals A Judicialização do Dano Moral Coletivo do Patrimônio Cultural

2014 ◽  
Vol 10 (20) ◽  
pp. 79
Author(s):  
Dionis Mauri Penning Dionis
Keyword(s):  
Cultural Heritage ◽  
Social Group ◽  
Civil Liability ◽  
The Body ◽  
Cultural Property ◽  
Community Or ◽  
Repair Materials ◽  
Environmental Damages ◽  
Compensation For Damage ◽  
Protection Of Cultural Heritage

Esta pesquisa investiga a possibilidade jurídica de ocorrência do dano moral coletivo em virtude da destruição de bens culturais. O objetivo principal do trabalho foi comprovar ser admissível a configuração da responsabilidade civil ambiental pelo dano moral coletivo e, por consequência, do dever de indenizar a comunidade ou o grupo social, em razão das lesões sofridas pelo patrimônio cultural, sem prejuízo da reparação material. O corpo da pesquisa está estruturado na descrição da configuração da responsabilidade civil por dano moral coletivo e a possibilidade de condenar o ofensor ao pagamento de indenização, pelo dano causado aos bens culturais, destacando-se os precedentes ambientais e culturais e a análise de casos concretos dos Tribunais de Justiça estaduais do Brasil. Por resultado, tem-se a reparação por dano moral coletivo como instrumento de defesa do patrimônio cultural, com caráter pedagógico e punitivo.  AbstractThis research investigates the legal possibility of occurrence of collective moral damages due to the destruction of cultural property. The main objective was to prove to be admissible configuration of liability for environmental damages collective and, therefore, the duty to compensate the community or social group, due to injuries sustained by cultural heritage, without prejudice to the repair materials. The body of research is structured in the description of the configuration of civil liability for damages collective and the possibility to order the offender to pay compensation, for damage to cultural property, highlighting the environmental and cultural precedents and analysis of concrete cases of the Courts Justice state of Brazil. In result, there is the compensation for damages collective to provide protection of cultural heritage, with pedagogical and punitive.  KeywordsCultural property. Reparation. Jurisprudence.

scholarly journals CONDUCT PROCEDURES IN CASE OF THEFT OF ARTEFACTS FROM MUSEUM COLLECTIONS

Muzealnictwo ◽  
2018 ◽  
Vol 59 ◽  
pp. 107-112
Author(s):  
Adam Grajewski
Keyword(s):  
Cultural Heritage ◽  
Crime Scene ◽  
Legal Regulations ◽  
Museum Collections ◽  
Surrounding Area ◽  
Museum Exhibit ◽  
National Heritage ◽  
Police Report ◽  
Whole Number ◽  
Official Data

Museum collections very often contain artefacts of a significant material value, which are also of great importance for the national heritage. Exhibits listed in a museum inventory belong to the capacious category of national goods, which means they are protected by law. Given the whole number of crimes against the cultural heritage, museums are certainly a group of institutions least likely to be threatened by it. However, we must not forget, that theft might happen anywhere; even the largest and perfectly safeguarded museum is not free from this type of danger. When a museum exhibit gets stolen, the following procedure shall be applied: closing all the entrances, informing the guards, checking the security devices, securing the crime scene and the whole area of an exhibition, limiting an access to the crime scene, informing the supervisors (directors), informing the police, checking all the rooms and the surrounding area, securing the monitoring system and documentation, having a police report filed, reporting the loss with the description for putting it in an official data base. It seems worthwhile to take measures to increase both knowledge and awareness of museum employees on a regular basis, as well as to analyse the patterns of conduct in reference to legal regulations and existing procedures.

scholarly journals INCREASE OF THE NUMBER OF MOTORING MUSEUMS: IS THERE A NEED FOR A NEW DEFINITION OF A HISTORIC VEHICLE?

Muzealnictwo ◽  
2020 ◽  
Vol 61 ◽  
pp. 137-144
Author(s):  
Żaneta Gwardzińska
Keyword(s):  
Statistical Data ◽  
Public Information ◽  
Legal Regulations ◽  
Legal Personality ◽  
National Heritage ◽  
Definition Of

The increase in number of museums not having legal personality and amassing motoring collections has inspired a review of the legal regulations related to historic vehicles, enriched with statistical data on the number of museums in Poland, and published in the Bulletin of Public Information of the Ministry of Culture and National Heritage in 2018–2020. The analysis of the statistical data became the foundations for theoretical and legal considerations on the definition of a historic vehicle, and of the classic vehicle. The whole analysis ends with the de lege lata and the de lege ferenda conclusions aiming to present legislative suggestions that a rational legislator should introduce in order to increase effectiveness of the regulations.

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