National Repository of Grey Literature 128 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Supply of electronic services from VAT perspective
Rambousek, Pavel Michal ; Boháč, Radim (advisor) ; Vybíral, Roman (referee)
Supply of electronic services from VAT perspective Abstract Taxation of the digital economy is a very topical issue of current legal regulation. Taxation naturally includes the value-added tax as well. Value-added tax faces new challenges, in particular cross-border transactions unrestricted by time and space. Value-added tax in supply of electronic services is an important part of this issue. It was important to sufficiently define, firstly, the notion of electronic services in VAT for purposes of the special legislation applying to the supply of electronic services. The positive and negative enumerations of electronic services together with the definition of electronic services by EU law are key to determine the notion of electronic services. The definition is based on automation and minimal human intervention needed to supply the service. To have a deeper understanding of the term, it is necessary to examine complementary explanatory documents, such as Working papers and Guidelines of the VAT Commission. Especially, the definition of minimal human intervention, which must not be exceeded in electronic services, is essential and difficult to interpret. The area of special substantive legislation concerns mainly the place of supply of electronic services. After a long development, the legislation matured...
What are substitutes for domestic money and what is their legal regime
Karpják, Jiří ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
What are substitutes for domestic money and what is their legal regime? Abstract The thesis deals with the position of substitutes for domestic money in the Czech legal system and the phenomenon of substitutes for state money in general. The work is divided into three parts, in the first the author analyzes the current legal regulation of domestic money substitutes in the Czech legal system, concluding that the current regulation is clearly obsolete, while its interpretation by modern legal science is considered not only restrictive but also very formalistic, and thus not completely fulfilling the role set desired by original legislator. At the end of the first part, the author concludes that some selected forms of non-state money (especially corporate money and LETS systems) correspond to the current concept of substitutes for domestic money, but they can not be considered part of modern economic reality. In the second part, the author analyzes modern forms of non-state money with a focus on cryptocurrencies, as the most relevant form of non-state money. The author describes the gradual development and acceptance of virtual currencies both from the perspective of European regulators and from the perspective of their real economic use. The author concludes that a significant part of virtual currencies falls...
Alternative investment funds
Novohradský, Michal ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
The purpose of this diploma thesis is to comprehensively describe the legal regulation of alternative investment funds in the Czech Republic. The diploma thesis is divided into seven parts. The first part deals with the definition of alternative investment funds. The aim of this section is to explain the EU legislation (acceptance and implementation of AIFMD). This part is continuously followed by the second part, which covers the current legislation of the Czech Republic. A part of this section is also a detailed description of the material scope of the Act on Investment Companies and Investment Funds. The third part is devoted to selected legal forms of alternative investment funds according to ZISIF. These are primarily a unit trust, a trust fund, a limited partnership for investment certificates (SICAR) and a joint-stock company with variable capital. The fourth part contains the definition of individual entities ensuring selected activities of the fund. In this section, a description of the person of a manager, administrator, depositary or a main sponsor is available, including a list of binding rules concerning their activities. An integral part of these chapters is also the definition of the position of individual subjects in relation to each other, i.e. the scope of their rights and...
Bank Recovery and Resolution
Půlpánová, Karolína ; Vybíral, Roman (advisor) ; Kotáb, Petr (referee)
Bank Recovery and Resolution Abstract and keywords This diploma thesis systematically presents the European regulatory framework of recovery procedures and resolution of credit institutions and investment firms (BRRD), in the form of a directive, implemented into the Czech law in Act No. 374/2015 Coll., on recovery procedures and resolution on the financial markets. At the same time, the first major amendment to this directive, the so-called BRRD2, is incorporated into this thesis, which mainly implements the international standard of FSB for the specification of the total loss absorbing capacity into the EU law. The work is divided into 5 parts. The first part monitors the background of the BRRD, discusses the causes of the Global Financial Crisis, and what we deduce from them, and then discusses the global regulatory response to this crisis. The second chapter places the BRRD in a broader context within the Banking Union and presents its structure. The Banking Union is built on a single set of rules and is divided into two (in the future three) pillars. These are a single supervisory mechanism and a single resolution mechanism. The third part is where the introduction of the legislation itself begins; it starts with providing the information for the general requirements of the procedures under this...
Legal regulation of activities of insurance intermediaries
Bastl, Daniel ; Vybíral, Roman (advisor) ; Karfíková, Marie (referee)
Legal regulation of activities of insurance intermediaries Main part of this diploma thesis is aimed at the analysis and evaluation of new national regulation of insurance intermediaries included in the Act no. 170/2018 on distribution of insurance and reinsurance which is the result of implementation of Directive 2016/97 on insurance distribution into the national legislation. This thesis is divided into three chapters The first chapter is dedicated to the introduction of insurance industry as its own and specific economic segment. In this chapter I am discussing insurance industry from both historic and contemporary point of view. I try to briefly define insurance and insurance industry both from legal and economic aspects and then describe development of insurance and insurance industry through the history. At the end of this chapter, I discuss different distribution channels in insurance industry as one of those channels are insurance intermediaries. The second chapter starts with summary of historical regulation of insurance intermediaries since the creation of independent Czech Republic to present day. Main part of this chapter is dedicated to the current regulation of insurance intermediaries. At first, I am discussing different categories of insurance intermediaries and then I am describing...
Ideal Crisis Management Mechanism for Credit Institutions and Investment Firms in the European Union
Kropjok, Vít ; Kohajda, Michael (advisor) ; Vybíral, Roman (referee) ; Radvan, Michal (referee)
Ideal Crisis Management Mechanism for Credit Institutions and Investment Firms in the European Union Abstract: The 2007-8 financial crisis brought about the most severe economic contraction since the Great Depression. Regulators on both sides of the Atlantic were taken aback and soon realized that they had no tools to deal with distressed banks and other financial services firms, failure of which could undermine financial stability not only within individual states, but also on a global scale. As a result, central banks of in particular the United States and the Eurozone became the most important actors in the fight against the unfolding crisis and de facto the only "governmental agencies" capable of swift and decisive measures. Their timely and vigorous reaction most likely warded off the collapse of the global financial system, though it was not without controversies. These controversies are analyzed in this dissertation in order to find out what role should central bank have during financial crisis. Governments followed central banks with massive bank bailouts. In many countries, governments went beyond liquidity provision and nationalized their banks, which threatened their own solvency. Although the global financial system has been largely restored in the last decade, it has been achieved at huge...
Abuse of law as a limit for tax planning
Kamínková, Petra ; Karfíková, Marie (advisor) ; Vybíral, Roman (referee)
in English Abuse of law as a limit for tax planning This thesis deals with the role of abuse of law concept in determining the limits of tax planning. The most significant topics addressed in this theses include the relationship between abuse of law and related concepts of circumvention of law and substance over form, acceptability of the subjective criterion of abuse, and the relationship between the abuse-of-law concept and teleological interpretation. I conclude that abuse of law is a convenient term to label certain teleological interpretations. Subjective criterion focusing on scope, artificiality or rationality of the transaction or taxpayer's intent should not by itself lead to the conclusion of abuse. Abuse of law and circumvention of law are, despite their linguistic differentiation, so related that they can be described as two sides of the same coin. Finally, the substance-over-form concept, understood in the Czech legal doctrine as a separate concept, fulfills the criteria of abuse, and can therefore be considered as its subpart.
Principles of taxes and fees
Kouba, Stanislav ; Vybíral, Roman (referee)
Added value of this thesis is to order principles of taxes and fees into a system, which allows its easier application in context of tax law and law of fees. This system then uncurtain joint relations among these principles and enable its further analysis. The result is a system (tree) of principles within which principles are divided according to different criteria. They can be sorted into three groups, namely the principle of regulatory intent (there are mostly the principles of the other disciplines; these principles determine intent, reason and purpose of the regulation), the principles of regulatory instrument (it is created by the principle of legal state; these principles represents legal dogmatic) and the principles of efficient regulation (here everything follows from the principle of economy). Thesis target on material side of problem which it differs from the other thesis on this topic. An essential partial step toward revealing the system of principles is also a definition of tax and definition of fee and also analysis what is the principle.
Institute of Permanent Establishment in Tax Law
Ngo, The Vinh ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
This master's thesis conducts the legal analysis of the concept of a permanent establishment and its individual characteristics. The first chapter of this master's thesis provides a brief introduction to the issue of international taxation and introduces the basic ideas behind the concept of a permanent establishment. The theoretical introduction is followed by a historical excursion into the development of this concept from its beginnings to its current modern form in the twenty-first century. The second chapter deals with the very essence and construction of the concept of a permanent establishment which is enshrined in bilateral tax agreements and the OECD and the UN Model Tax Conventions. Hence, the introduction of this chapter focuses on explanation of the essence and binding nature of these international sources of law. Subsequently, a detailed analysis of the concept of a permanent establishment and its components is conducted. At the end of this chapter a comparative analysis of the definitions of a permanent establishment in the OECD and the UN Model Tax Conventions is conducted. The third chapter briefly describes the relationship between various definitions of a permanent establishment which may be found in international and national legal instruments. The following sections of this...
Legal aspects of macroprudential regulation in the EU
Havelka, Jaroslav ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
Legal aspects of macroprudential regulation in the EU Abstract Even though the term macroprudential regulation is regularly used in scientific literature, attempts to define this term are scarce. Clear delineation of macroprudential regulation enables the distinction of macroprudential tools from other policy tools, such as microprudential supervision tools or capital controls. Moreover, it allows the determination of essential macroprudential tools and their current application in light of the crisis related to the COVID-19 pandemic and the transition towards the CRR2/CRD5 framework. As part of the EU legal order, macroprudential regulation interacts with the principles of internal market functioning. As a matter of principle, macroprudential measures should not contradict rules governing the internal market, even though some tensions with the free movement of capital may emerge. Uncertainties about the judicial review of macroprudential regulation may also exist. Macroprudential measures should subject to a less rigorous judicial review inspired by CJEU monetary policy case law. The rationale behind this lies in the highly complex economic decision-making process accompanying the adoption of macroprudential regulation. There is vast heterogeneity amongst EU member states concerning the application of...

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