Законодавство у сфері охорони культурної спадщини в Україні та Польщі: порівняльний аналіз
Legislation on the Cultural Heritage Protection in Ukraine and Poland: The Comparative Analysis

Summary/Abstract: The purpose of the article is a comparative analysis of legislation on the cultural heritage protection in Ukraine and Poland, its gaps identification and the formulation of proposals for possible applying of foreign experience. Methodology: historical method, which allowed to trace the genesis of the cultural heritage legal protection in Ukraine and Poland; analysis and synthesis methods, their application assisted in the legal analysis of the basic normative acts, in the identification of legal regulation gaps; the forecasting method made it possible to develop proposals regarding concrete rules for improving the legislation on the cultural heritage protection in Ukraine. Scientific novelty. The attention was focused on basic normative acts in the sphere of cultural heritage protection in Ukraine and Poland; the common and distinctive features of the cultural heritage legal protection of the two countries was analyzed; the main activity directions of the Ukrainian and Polish institutions responsible for the cultural heritage protection are ostended; the ways of improving the cultural heritage legislative protection in Ukraine based on the Polish experience applying was suggested. Conclusions. In general, it can be stated that the Polish and Ukrainian legislation on cultural heritage protection is quite similar and is currently being improved considering international norms and standards. The common is the presence of specialized Ministry of Culture of Ukraine and the Ministry of Culture and National Heritage Protection in Poland, which define the state policy and ensure the cultural heritage protection. At the same time, in Poland, to local self-government bodies, more powers were given, and Ukraine has just begun to transfer the respective powers to the regions. In addition, in Poland, owners and users of cultural heritage monuments are more responsible for keeping them in good condition, restoration, conservation, etc., while state bodies provide financial, organizational and methodological support, coordinate activities, etc. A number of norms of the Polish Law «On the Protection of Monuments and Custody of Monuments» are designated as useful in the context of reforming the legislation on the cultural heritage protection in Ukraine.

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