Selected issues concerning the legal and factual protection of contemporary cultural property in Poland

The need to protect the contemporary heritage, including the resource of the most valuable objects of architecture and urban planning, which must be necessary and delivered to generations, is unprecedented and equally important as for the heritage of distant times. For this reason, the aim of this study was to try to answer the question – why do the effects of contemporary activities lead to the disintegration of objects, the violation of their artistic and historical values and even the demolition of some of the most important icons of contemporary Polish architecture? In this context, the article undertakes an analysis and evaluation of the current legal and factual protection of contemporary cultural property in Poland, which has had the force of law since 2003 and is included in the tasks of spatial planning. The legal text of the provisions of the Act on Spatial Planning and Development of 27 March 2003 (as amended) and all implementing acts of the Act became the primary subject of the study. In order to explore the problem scientifically, at the same time - based on the case study method – analyses were made of the qualitative features and outstanding lost values of the icons of post-war modernism. The results of the analyses showed that there is a lack of effective protection measures and that the statutory provisions do not provide a sufficient framework for adjudication and terms of reference. An effective conservation policy for the resource can only be made possible by the development of a coherent system of protection, including planning, regardless of the competences of the authorities. Equally important is becoming the identification of the national cultural heritage and the creation of a database accessible to planners of planning documents, the artistic and research communities. Only the combined fulfilment of these conditions will enable and ensure the integrity of contemporary assets