Wybrane problemy formalno-prawne związane z rozpoznaniem archeologicznym wykonywanym na trasach inwestycji drogowych, czyli rzecz o fallusie i głosie wołającego na puszczy

The article mentions several issues related to the initial archaeological survey financed by the General Directorate for National Roads and Motorways and to the program of “Polish Archaeological Record”. The attention was drawn to imperfect legal provisions included in the Act on the protection and the guardianship of monuments in force, which prevent the effective protection of the archaeological heritage and the smooth execution of building investments. The identification of archaeological sites before the execution of a building investment is of a key significance and is supposed to protect the artefacts from destruction and prevent the suspension of the building works - it is in the interest of both the monument protection services and the building sector. Carrying out the advance surface survey and test excavations in the area of the planned road investments should be a rule. Moreover, the test excavations on a wide scale should be the basic method for the screening of the area. In the Polish legal reality, it is difficult to implement.