The expiry of the permit of the provincial conservator of monuments affects the investment process, which is conditioned by the need to obtain such a permit. Administrative bodies and administrative courts treat the expiry of the permit validity period as a circumstance determining the correctness of the investment process. The article is devoted to the relations between the act on the protection and care of monuments and the implementing act. The author puts forward the thesis that the executive legislator incorrectly exercised the statutory delegation by ordering to specify the validity period in the conservation permit. Such a situation violates the constitutional principle of the rule of law and constitutes an incorrect execution of the statutory delegation, also regulated by the constitution. Since courts, including administrative courts, are subject only to the Constitution and acts, such a situation opens up for them the competence to disregard a defectively issued implementing act. Considering the validity period of a conservation permit as a binding determinant of a construction permit also raises doubts from the perspective of a preliminary issue.