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XX
Obligatory protective vaccinations and the implementation of parental authority: a study of judicial decisions in the area of legal liability
3
Content available remote Orzecznictwo Sądu Antymonopolowego
100%
EN
Currently, transhumanism is a growing and increasingly popular philosophical movement. Using the authority of the natural sciences strongly affects thinking about the future of humanity. Transhumanists not only formulate a vision of the human future, but also offer recommendations relating to the creation and application of law. This article is about the basics of transhumanism and its potential impacts on jurisprudence.
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2010
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tom Nr 6
265-266
PL
Orzecznictwo w gospodarowaniu wodami nastręcza - z uwagi na specyfikę ustawy Prawo wodne - wielu problemów natury prawnej, wynikających z jakości niezbędnych do podejmowanych rozstrzygnięć, dokumentów. Rodzi to poważne problemy związane z zależnym korzystaniem z wód na podstawie uzyskanych uprawnień. W trzecim z tego cyklu artykule przedstawiamy kolejne problemy; tym razem o kwestiach wynikających z usytuowania elektrowni wodnej.
EN
Due to the specificity of the Water Law Act, legislation in water management provokes many legal problems resulting from the quality of documents necessary for taking decisions. It causes serious problems related to the dependent use of waters on the basis of authorizations granted. The third article of this series present another group of problems; this time concerning the issues related to the location of water power plants.
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2010
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tom Nr 10
396-398
PL
Orzecznictwo w gospodarowaniu wodami nastręcza - z uwagi na specyfikę ustawy Prawo wodne - wielu problemów natury prawnej, wynikających z jakości niezbędnych do podejmowanych rozstrzygnięć, dokumentów. Rodzi to poważne problemy związane z zależnym korzystaniem z wód na podstawie uzyskanych uprawnień. W czwartym z tego cyklu artykule przedstawiamy kolejne problemy; tym razem o niektórych kwestiach wynikających z budowy nowych osiedli mieszkaniowych.
EN
Due to the specificity of the Water Law Act, legislation in water management provokes many legal problems resulting from the quality of documents necessary for taking decisions. It causes serious problems related to the dependent use of waters on the basis of authorizations granted. In the fourth article of this series we present another group of problems - this time the issues concerning the construction of new housing estates.
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2013
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tom Nr 4
141--142
PL
W artykule omówiono dwa przypadki zmiany kompetencji do wydawania pozwoleń wodnoprawnych przez starostę i marszałka województwa, spowodowanej w pierwszym przypadku wykładnią przepisu ustawy z dnia 18 lipca 2001 r. Prawo wodne (tekst jedn.: DzU z 2012 r., poz. 145 z późn. zm.) przez Wojewódzki Sąd Administracyjny w Gdańsku, a w drugim w wyniku zmiany przepisu tej ustawy, wprowadzonej ustawą z 5 stycznia 2011 r. o zmianie ustawy Prawo wodne oraz niektórych innych ustaw.
EN
The article discusses two axamples of changes in competences of the starost and the voivodship marshall to issue permits required under the Water Law - the first caused by the interpretation of the act of 2001 Water Law (Consolidated text: Journal of Laws of 2012, item 145 with sub-sequent amendments) by the Voivodship Administration Court in Gdańsk and the second as a result of amendment of a provision of this act, introduced by the act of 5 January 2011 on amendment of the Water Law act and some other acts.
8
Content available remote Koncepcja pojęć zastanych w orzecznictwie Trybunału Konstytucyjnego
88%
EN
The Constitutional Tribunal recognizes some terms in the Constitution as so called “pre-existing notions”. That means that in case of absence of a clear defi nition of the notion within the Constitution, it may be assumed that the constitutional legislator intended this term to have the same meaning assigned to it by previous constitution, doctrine or legislation in force at the time of the entry of the 1997 Constitution. Such concept allows therefore to suppose that this notion has another (wider) meaning than a result of literal interpretation. The inspiration to write this article was judgment of 7th October 2013, K 31/12, wherein the issue of recognition the constitutional term “reading” of the bill as a pre-existing notion had decisive infl uence over the Tribunal’s decision. The article analyses the jurisprudence of the Constitutional Tribunal regarding the pre-existing notions. The main aim is to answer the question, whether such idea can be treated as a complete, useful and established concept of constitutional interpretation. The analysis gives a positive answer.
EN
Adam Smith is commonly viewed as the founding father of economics. This conviction stems from the publication of The Wealth of Nations in 1776. Smith’s works are chiefly examined in terms of economics. The discovery of reports of his Lectures on Jurisprudence and defining them as a “bridge” between his ethics, law and economics allows researchers to analyze Smith’s work from a fresh perspective. The aim of the paper is to discuss complex relationships between ethics included in The Theory of Moral Sentiments and general principles of law and economics. The main conclusion of this paper is that Smith emphasized the mutual complementation of moral and legal norms in the context of the economic development of the commercial society.
PL
The paper is a critical analysis of fundamental assumptions for the empirical research methodology in the jurisprudence field. It is aimed to compare the profile of empirical methodology with jurisprudence-dominant analytic philosophy. This is archived through a) examining the basic profile of the positivist attitude of a researcher along with assumptions integrating empiricism, which derives from the positivist methodology, into different philosophies of the law which specifically appeal to the naturalism of the legal phenomenon; next b) detailing characteristic features of empirical methods which take jurisprudence specifics into account; and finally c) coming to a set of conclusions concerning the success of research conducted this way in the jurisprudence field.
EN
Terrorism is one of the biggest problems in today’s world and one that, to a greater or lesser extent, continues to evolve. This evolution is true of many aspects, including terrorist tactics and strategy as well as types of terrorist threats. The global and destructive reach of terrorism is clearly reflected in different comparative studies. For example, data gathered by the National Consortium for the Study of Terrorism and Responses to Terrorism (START) indicate that there were over 150,000 terrorist attacks around the world between 1970 and 2015. These attacks were carried out in over 100 countries, most of them, however, in Afghanistan, Iraq Nigeria, Pakistan, and Syria. In recent years, the force driving the escalation of terrorist activity was initially Al- -Qaeda, followed by the Islamic State. ISIS combines features commonly attributed to terrorist organizations, criminal groups, states, terrorist networks, and military formations. Contrary to the common view, the Islamic State is not a state as defined in international law and practice. Although it has territory, a population, and authorities, it does not have the capacity to pursue international relations and does not meet the criterion of external sovereignty. Only a state fulfilling all of these conditions can rightly be called a state. Thus, in the case of ISIS, we can only talk of certain elements of statehood and not of a state proper, as understood in international law and relations. In 2015, the number of terrorist attacks around the globe dropped by 13% (from 13,463 in 2014 to 11,774 in 2015). A particularly sharp drop occurred in Pakistan (45%), Iraq (28%), and Nigeria (11%), whereas other countries witnessed a surge in the number of attacks. This was the case of Turkey (escalation by 353%), Bangladesh (270%), Egypt (69%) and Syria. Syria presents a particularly complex and alarming picture, with the number of terrorist attacks up by 65%, the number of people killed up by 62%, the number of those injured up by 91%, and the number of those kidnapped and held hostage up by 67%. In 2015, the number of people who lost their lives as a result of terrorism dropped by 14% (from 32,727 in 2014 to 28,328 in 2015). There was a rise in the number of people injured (2%) and kidnapped and held hostage by terrorists (29%). The latter phenomenon is particularly alarming since it indicates renewed terrorist interest in this form of activity. The purpose of the article is to answer the following research questions: What is terrorism? How can it be defined? What are its primary causes and features? What characterizes contemporary terrorist threats? What is the scale of global terrorism today? What led to the emergence and subsequent rapid rise of the Islamic State? How can terrorism be prevented and combated effectively? The author uses his own definition of terrorism. He defines terrorism as a variously motivated and implemented form of political and/or social violence (or threatening such violence) breaching the binding legal order, perpetrated by individuals or groups through different means and methods, leading to physical, psychological, or material damage. This form of violence has a direct target or targets (for example individuals representing a given state) or an indirect target through which the perpetrator wants to achieve his final purpose. This definition draws attention to a couple of important and universal features of terrorism. Firstly, it demonstrates the diversity of its causes (motives), spanning a wide range of factors that drive and escalate the phenomenon. Secondly, it highlights the fact that terrorist acts violate the law, resulting in a broad range of consequences. Thirdly, it stresses that terrorism (as people often mistakenly assume) encompasses not just the actions of groups, but also those of individuals. Fourthly, it points to the multiplicity and diversity of means and methods employed by terrorists. Religious, political, or ethnic reasons are not the sole driving forces behind terrorism, which springs from a combination of many different factors, including cultural, historical, psychological and socio-economic determinants – the latter often underestimated or overlooked. There is frequently a direct or indirect link between terrorism and poverty or other serious socio-economic problems observed in a given territory. This is reflected, inter alia, in the data published in the Global Terrorism Index 2015. This report indicates that in recent years, countries that have seen the steepest increase in the number of deaths due to terrorist attacks are largely poor ones, including Iraq, Nigeria, Afghanistan, Syria, and Somalia. Of course this does not mean that poverty or big social inequalities always lead to terrorism. They can, however, stoke up different extremist attitudes, including ones with ties to terrorism. This state of affairs is known as “fueling terror.” The paper highlights selected aspects of contemporary terrorism. Other important issues include the problem of terrorist financing, the consequences of terrorism, identifying real and potential perpetrators, the evolution of terrorist strategy and tactics as employed by “lone wolves,” suicide bombers, and women and children used to carry out attacks, links between migration and terrorism, etc. A comprehensive discussion of these topics requires a separate and much broader study. Such a study should be prepared by an interdisciplinary team of specialists bringing together not just security, but also legal, psychology, sociology or economic experts. Such a team should include both theorists and practitioners with wide-ranging experience in analyzing, eliminating, and forecasting terrorist threats.
EN
The level of autonomy of local government in the United States is governed by state constitutions. However, the way in which it is regulated is inconsistent and raises interpretative doubts. The analysis includes two dimensions of local autonomy, i.e. the formal dimension (the procedure for its enactment into state law) and material dimension (subjective scope of its operation). It is preceded by an indication of constitutional foundations (the principle of federalism) and of doctrinal backgrounds (formulated in judicial decisions made in the 19th century) of the current position of local governments in their relations with state authorities. This position has evolved towards greater autonomy of local authorities, refl ected in the widespread acceptance of home rule doctrine. However, the implementation of the doctrine in the provisions of state law takes the form which can hardly be considered to be real strengthening of the position of local government in its relations with the state.
13
Content available Co zostaje po uczonym prawniku?
75%
EN
Questions and answers of the paper concern academic achievements of law professors seen at least two decades after their death. What remains of a law professor: good character, disciples and students, specificity of university genealogy, important research topics, work and writings, institutions created, international research friendships? Who can be considered a great lawyer? What are the criteria to asses it?
EN
This article is concerned with the formataion of the culture of experts, wich played an important role in the process of shaping institutions and mechanisms of government in Czechoslovakia in the 1950s. The author explores how Czechoslovak legal theorists continuously intervened in the process of ''building Socialism''. He begins by considering the development of the institutional basis of jurisprudence in the structure of the Czechoslovak Academy of Sciences. Using the example of the Institute of State and Law at the Academy, he demonstrates how social-science institutions were created to meet the demands of new, socialist scholarship, and also to demonstrate the growing importance that expert knowledge had for State Socialist government. In the second part of the article, he considers debates about the ''Czechoslovak revolution'' and ''people democracy'' providing insight on the theoretical basis of Socialist scholarship on the State and law. The debates, which lasted several years, demonstrate that a key area of disagreement was the question of adapting Marxist-Leninist theory to Czechoslovak conditions and Czechoslovak historical experience. It was also clear from the debates that the most important form of Socialist government was, in the theorists´ view, the Socialist State as an institutional consequence of revolutionary transformation and the indubitable organizational framework of people´s democracy. The last part discusses legal theorists as experts and considers their role in the framing of the ''Socialist Constitution'' of 1960.
CS
Studie se zabývá formováním konkrétní expertní kultury, která hrála významnou úlohu v procesu utváření institucí a mechanismů vládnutí v Československu v padesátých letech dvacátého století. Autor zkoumá, jak českoslovenští právní vědci zasahovali do procesu ''budování socialismu''. V úvodní části textu se věnuje vývoji institucionálního zázemí právní vědy ve struktuře Československé akademie věd (ČSAV). Na příkladu Ústavu státu a práva ČSAV ukazuje, jak vznikaly společenskovědní instituce, které měly odpovídat nárokům nové socialistické vědy, a současně dokládá vzrůstající význam expertního vědění pro státněsocialistické vládnutí. Ve druhé části článku se věnuje diskusi o "československé revoluci" a ''lidové demokracii'', přičemž dává nahlédnout do teoretického zázemí socialistické vědy o státu a právu. Několik let trvající polemika ukázala, že jednou z oblastí sporu byla otázka možností přizpůsobení marxisticko-leninské teorie československým podmínkám a československé historické zkušenosti. Z diskuse také vyplynulo, že nejdůležitější formou socialistického vládnutí byl pro diskutující teoretiky socialistický stát jako institucionální výsledek revolučních proměn a nezpochybnitelný organizační rámec lidové demokracie. Závěrečná část článku představuje právní vědce jako experty a zkoumá jejich podíl na vzniku takzvané socialistické ústavy z roku 1960.
PL
In the past, in the same way as it occurs at present, the importance of legal history disciplines was questioned. They were often considered to be useless for lawyers. An interesting example is the situation in the Kingdom of Poland during the first three decades of the 19th century. The aim of the article is to present the role which the Polish Legal History played as part of the education of lawyers at Warsaw University in that period. The study was carried out on the basis of an analysis of manuscripts of the then students’ notes. The lectures were given by Prof. Jan Wincenty Bandtkie.
EN
The starting point of the author’s considerations is one of Cicero’s forensic speeches in a civil case, Oratio pro Caecina. But the main purpose of this article is to answer the following question: was Cicero a jurist or not? For many years, this problem was controversial for Romanists, historians and theoreticians of rhetoric. The author puts forward two hypotheses – firstly, a historical one, and secondly a modern one. In the light of the former, Cicero was not a jurist, because in court he played the role of a Roman advocatus and Roman iurisconsultus. From the modern perspective the problem is more complicated – he was a jurist in the modern sense, even if he was not a jurist in today’s meaning. The author’s analysis is constructed more from the point of view of legal philosophy than from the history of Roman law.
PL
Punktem wyjścia rozważań autora jest prezentacja jednej z mów Cycerona w sprawie cywilnej, oratio pro Caecina. Na tym tle próbuje on odpowiedzieć na następujące pytanie, od dawna stawiane w nauce prawa rzymskiego: czy Cyceron był prawnikiem? W artykule zaproponowano spojrzenie na ten problem z dwóch perspektyw – historycznej i współczesnej. Zdaniem autora w perspektywie historycznej Cyceron nie był prawnikiem w rzymskim znaczeniu tego pojęcia; natomiast w perspektywie współczesnej powinniśmy go jednak uznać, stosując terminologię anglosaską, za jurist (nawet jeśli nie za lawyer). W artykule analiza prowadzona jest nie z pozycji historii prawa rzymskiego, lecz w ujęciu filozoficzno-prawnym.
EN
The paper presents the meeting of theology and jurisprudence in the work of church legislator. The conventional acts and norms of competency presented in canon law, such as reception of orders, celebration of marriage, imparting blessings, giving dispensation, giving absolution, pardoning an adulterous partner, giving judgment, being a qualified witness for marriage are reasonable because of the rules of sense giving them a sense. In canon law, the rules in question do not depend on the will of legislator only but they are built on the theological reasoning. The conclusion is that the church legislator, in drafting law, must take into consideration the theological factors. This limits his freedom in making legislative decisions. For instance, he cannot admit in the rules of sense a competence for the conventional acts to those who are not able to carry out the act according to theological rules. The article ends with postulate to the church legislator to take care of theological correctness of law drafted by him.
EN
Quine’s project of “naturalized epistemology” is usually interpreted as a rejection of classical epistemology, which becomes merely a “chapter of psychology”. It does not imply, however, a different understanding of the character of naturalization is inadequate or wrong. Susan Haack’s interpretations are briefly analyzed in the paper. Thereafter, they are harnessed as models of interpretation of the “naturalization of law”. The main aim is to point the radical reading of Quine’s project (the replacement model) is not the only acceptable one. Consequently, there are at least three models of the “naturalization of law” that are analogical to the “naturalization of epistemology”. The author details their character.
EN
This article is devoted to discussing a new EU law institution which is about theindividual assessment of the specific needs of victims within the framework ofprotection. The issue is important since the institution for individual assessmentshould be implemented in the Polish system of law, but it also happens to invokemany controversies and misunderstandings. Most accurately it became accepted inthe Directive of the European Parliament and Council 2012/29/EU on 25 October2012, establishing minimum standards for the rights, support and protection ofvictims of crimes, thus replacing Council Framework Decision 2001/220/JHA. Therehad previously been talk about it in two other directives, namely Directive of theEuropean Parliament and Council 2011/36/EU from 5 April 2011 which was aboutpreventing human trafficking and combating it as well as protecting victims, whichreplaced Council Framework Decision 2002/629/JHA, and Directive of the EuropeanParliament and Council 2011/93/EU from 13 December 2011 on combating sexualabuse, the sexual exploitation of children and child pornography, which replacedCouncil Framework Decision 2004/68/JHA. An instrument closer to individualevaluation was also introduced by the European Council Convention for preventingand combating violence against women and domestic violence on 11 May 2011. Analysis of the regulations contained in these documents proved that victims ofcrimes have to be subjected to individual assessment every single time, the basis ofwhich are their personal qualities, type and character of the crime, as well as theirlocation. A particular weight is attached to ensuring the protection of the personalqualities of the victim. Individual assessment, on the one hand, should get confirmationif the given victim has specific needs, and if so, what kind of protection in criminalproceedings and support they need. On the other hand, it describes concrete means ofprotection and support as foreseen in the articles of the above-mentioned documents.So it is therefore best to adapt these means to specific needs.The discussed international documents prescribe always recognising a child asa person of specific needs, defining them as any person under 18 years of age. It alsoindicates that a person whose age cannot be confirmed, but for whom there are reasonsto believe they are a child, should be considered a child. For children that are victims ofcrimes, they also anticipate a wider catalogue of measures than for adult victims withspecific needs. An analysis of Polish law regulations has been made against a background ofsolutions accepted in international law acts. The analysis included in its particularscovers issues such as the problem of informing the victim about their entitlement torights, professional preparation of people who have contact with them on a professionalbasis, confirmation of special protection measures for the victims in criminal proceedings, appointment of procedural curators for harmed minors to preventconflicts of their interests with those of people who have parental custody or care overthem. Also referenced were solutions introduced by the act from 28 November 2014 about protection and aid for victims and witnesses, as well as the “Blue Card” procedurecarried out during interventions in situ undertaken in relation to family violence. Also discussed were the questionnaires prepared by the Ministry of Justice tocarry out the evaluations of specific needs of victims – this is part of the scope of thespecialist help they are meant to provide non-governmental organisations supportingvictims as well as within the scope of sharing special means for protection during criminal proceedings. It turned out that a significant majority of Polish legal normsand practices do not conform to international standards in the discussed field. With fullcertainty, institutions of individual assessment have not yet been implemented in Polish legislation, while the achieved undertakings appear insufficient. One can even say thatthey have only been pretending to aim to implement them. A specific objection is thefailure to achieve any activities aimed at ensuring a uniform standard of protectionfor all children. So children are held using current regulations under which the levelof their protection is dependent on their age and the type of criminal victimisationexperienced. Nor was there a separate category of victim with special needs in terms of protection. So special protection methods are still only given to victims of crimesof a sexual nature, as classified in articles 197 to 199 of the Criminal Code. In place ofthis, regulations ought to be introduced enabling specific methods of interrogating allvictims with special protection needs. Nor does it take into account the will of victimsabout the use of certain measures that they agree with subjectively
EN
The aim of the article is to analyse the state and change in distribution of three types ofcrime (fights and beatings, domestic crimes, and automobile crime) in Szczecin duringthe years 2006-2010. It posits the following research questions: 1. Which type of crimes displayed a greater susceptibility to a spatial concentration? 2. Are there spaces with a higher intensity (density) of crimes and others free ofcrimes, and where are they? 3. Do spaces with a higher intensity (density) of crimes display spatial stability? The analysis makes use of geo-coded data points for crimes made available by Szczecin City Police Headquarters (crime, street, building number). It made useof geostatic methods with GIS programming, such as: Kernel density estimation;cartogram density maps (determining spaces with low and high crime densities); rangemethods (determining spaces with a lasting presence of the types of crimes found inhigh density spaces); chorochromatic methods (a map presenting only spaces witha persistent presence of the analysed types of crimes). Next, as a measure of the spatial concentration of crime, acknowledging changes in their reach and independent of theirnumber, the analysis found indicators of the concentrations for types of crime, whichenabled the author to provide answers to research questions and formulate conclusions. Maps showing low and high concentrations of fights and beatings revealedsignificant distribution and a certain spatial instability in built-up areas in Szczecin. They occured in the years 2006-2009 in around 20 spaces of varied size: one sprawlingaround the city centre, two or three medium-sized, and dozen or so small points. In theyears 2009-2010, spaces displaying fights and beatings had spread out onto the blockestates lying in the western part of the city, while they had practically vanished from thePrawobrzeże area and the north. In 2010, there were only around 15 spaces displayingthis crime in Szczecin.Maps showing low and high densities of domestic crime display focus and spatialstability in built-up areas in Szczecin. They appear in the years 2006-2009 in onlythree to six (not counting two or three that are completely insignificant) spaces ofvarious size. The largest appears in the city centre as well as neighbouring densely-builtresidential areas. They are all densely-built spaces next to streets from the end of the 19th century, or block estates mainly from the 1970s and 1980s. The second space displayingdomestic crimes encompasses the Majowe and Słoneczne block estates in Prawobrzeże, although its range is gradually decreasing. There is a striking lack of domestic crimesin significant numbers amongst the social problems in the post-industrial Skolwin and Stołczyn settlements. Located just south is Warszewo, where there is a quickly-growingexpansion of new residential developments, and it too is free from domestic crime. Maps showing low and high concentrations of vehicular crime display significantfocus and spatial stability in built-up areas in Szczecin. They appear in 2006 in seven, in 2007-2009 in three, and in 2010 in two (not counting one or two completely insignificant) spaces of various size. The largest, similarly to the case of domesticviolence spots, occur in the city centre and its neighbouring built-up areas. Theyare also all densely-built spaces next to streets from the end of the 19th century, orblock estates mainly from the 1970s and 1980s. The second space showing a lastingpresence of vehicular crime is the location of the Majowe and Słoneczne blocks in Prawobrzeże. Much like in the case of domestic crime, they do not appear amongst thesocial problems counted in the post-industrial estates of Skolwin and Stołczyn. Insteadthey appear slightly south of them in the quickly-growing new residential expansionin Warszewo. In 2006, the most strongly concentrated were fights and beatings, thenslightly less were vehicular crimes, and significantly less was domestic crime. In 2010,the most concentrated were fights and beatings, then domestic crime, and then leastwas vehicular crime. Areas of high density in all the studies of crime are concentrated in Szeczin’s citycentre and neighbouring residential areas and they take up approximately in squarekilometres the respective: one of fights and beatings, through two and a half of domesticcrimes, to around three and half in vehicular crime. The areas all overlap, and oneshared area where all appear spans around one square kilometre. This region also indicates a significant lasting presence. Other types of crime are equally concentrated. The remaining areas of Szczecin are free of a significant intensity of this type of crime. A cause of this state of affairs is most likely the focus and overlapping ofdeterminants of crime, both spatial (communal dwellings, alcohol vendors, commercialbuildings) and social (unemployment, poverty, lifelong helplessness, alcoholism, family dysfunction, lack of social controls, acceptance of criminal behaviour). An additional factor favourable to crime in the centre of every large city is the large flow of peopleand their anonymity. Szczecin’s city centre, however, indicates a significant persistencein the incidence of criminogenic factors. The quarters of Szczecin’s city centre developments located within the “criminalsquare kilometre” between Pope John Paul II Alley, Tkacka Street, Port Gate Square,Kaszubska Street, Mariana Langiewicz Street, Kazimierz Pułaski Street, Bolesław ŚmiałyStreet, July 5th Street, Grey Ranks Square and Wielkopolska Street demand particularoversight by police. Taking the long view, they ought to be revitalised in a mannermore complex than before, resulting in building local community ties, improving thematerial situation of the inhabitants as well as that of the buildings’ technical state,spatial order and visual attractiveness.
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