Problemy prawnej ochrony zabytków ruchomych sztuki sakralnej

During the 2nd World War Polish churches suffered great damage due to regular plunder by the Nazists. The author discusses regulations of the Penalty Code and Law on the protection of the cultural property and on museums with regard to robberies of works of art in the recent years. He quotes and compares recommendations of the Instruction of the Polish Episcopate on the protection of monuments of art and trends of the development of sacral art since 1966. Attention is paid to the fact that according to the Instruction, church administrators are not owners but only guardians and patrons of works of art found in the buildings that are under their care. Post-consiliar liturgy, i.e. turning the altar round to the congregation, has resulted in an extreme desire to modernize church interiors, which quite often was, against the idea of monuments protection. This, in the author’s opinion, is a misunderstanding, as the church law clearly opposes the introduction of any shoddy things into the decor of sacral interiors. Museum-like church interiors offer much temptation for thieves. Therefore, it is an urgent task to draw detailed inventories describing particular works of art in such a way that the church administrator could know what he possesses and what he is to protect on the one part, and on the other, to facilitate for himself and prosecution bodies to recognize and to recover robbed works of art. All works of art in sacral buildings should be put into a register of voivodship monuments conservator, which ensures their legal protection and — in the case of outstanding artifacts — financial aid of the state for their conservation. The author emphasizes the fact that the clergymen should be made aware of high cultural values of works of art when they are still students at seminars. The full knowledge of the cultural value of monuments and, consequently, care and their protection, are the best guarantee of its safe-guarding against robbery and destruction.