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International Arbitration and its roots
Šídlová, Kateřina ; Balaš, Vladimír (advisor) ; Tymofeyeva, Alla (referee)
International Arbitration and its roots Arbitration, or in other words peaceful settlement of the dispute, is currently one of the most used methods of settlement of the disputes both on international and national levels. Considering the high augmentation of the disputes resolved through the means of arbitration especially in the last twenty years of this century the arbitration can boldly compete with the judicial resolution of the disputes in popularity and in the number of resolved cases. Considering the augmentation of use of arbitration clauses especially in the private law contracts, there is often a wrong idea, that the process of arbitration is primary an institute of the private law and that it is a new institute, which has been created in the modern times and historically did not exist at all. In chapters four till six of my thesis I will be focusing on proving that roots of today so often used institute of arbitration run deep in the history, till the times of Ancient Greece even, which was the cradle of the civilization as well as of the arbitration. Subsequently I will in this part map the evolution of the arbitration during the two thousand years of its existence, when on this I will show which aspects of the arbitration prevailed to these days and in which aspects contrary is the...
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Imposing the Punishment of Community Services by the Courts of Pilsen region
ŠIDLOVÁ, Kateřina
The objective of this diploma work was to map completely the various aspects of the community service punishment using the legal regulations applicable at the time of working on this paper as compared to the adopted Penal Code that came into force on 1 January 2010. The data collection and the set hypothesis verification in the theoretical part of the paper were carried out using a quantitative research, the method of document analysis, the technique of secondary data analysis. The qualitative part of the research used the method of questioning, the technique of standardized interview. Interviews were carried out with law court staff and probation staff during April 2010. Based on these interviews, we obtained the opinions of the professional staff of the adoption of the new Penal Code, in particular with regard to the changes this new code brings to the punishment of community service. The research has shown that the imposition of the community service punishment by the law courts in the Pilsen region does not drop {--} it still remains on the level of about 19.3 % of the total number of condemned in criminal cases. According to the interviews with judges, senior law officers and probation staff it has been found out, that the new Penal Code could facilitate the feasibility of the community service punishment with regard to mandatory preliminary negotiation, lowering the upper limit of the community service punishment length and toughening the transformation of the community service punishment. Unfortunately, even a perfect legal regulation cannot guarantee a proper function of the entire system. What is essential is the cooperation of all the bodies concerned, the correct application of legal regulations and, last but not least, the attitude of the society. We hope that the paper will serve not only as instruction material but it will be possible to use it to provide information to laic as well as professional public.
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