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Legal Protection of Animals, Focusing on Livestock and Furbearers
Čapková, Petra ; Derlich, Stanislav (advisor) ; Stejskal, Vojtěch (referee)
Legal Protection of Animals, Focusing on Livestock and Furbearers The diploma thesis titled "Legal Protection of Animals, Focusing on Livestock and Furbearers" provides a comprehensive overview of current framework of the legal protection of animals in the Czech Republic. The thesis is divided into seven chapters and several sub-chapters. The initial chapters present information on the historical tendencies and philosophical bases of animal protection, as well as on the development of the perceiving of animals as subjects of law, which has over several centuries formed into our contemporary idea of an animal, its protection and legal standing. Crossing over from international and European legal sources, the thesis gradually shifts its focus on Czech legislature which has undergone marked changes over the last year, namely through the amendment 246/1992 Sb. aimed at eliminating animal abuse. Constituting a key aspect of the work, specific terminology is discussed in chapter 3. Terms such as animal or abuse are clarified consulting the law. As the title makes evident, the pivotal chapters of the thesis provide a more detailed delineation of the legal regulations concerning livestock and furbearers. Individual sub- chapters then discuss the particularities of their breeding, welfare, transportation...
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Legal regulation of the wild fauna
Kalivoda, Stanislav ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
1 Legal Regulation of the Wild Fauna Abstract The aim of this thesis was to map and explain the differences between extensive terminology and legislation in terms of developmentin the past and present. Attentionwas also focused on a historical excursion to the protection of animals in the Czech lands and its development to the present. More specifically, I focused on the category of birds, fish and mammals. Legal regulation of the wild faunadoes not only encompass legislative definitions, historical aspects, but is also an integral part of biodiversity, which is closely linked to this topic . As the environment does not end beyond the borders of our country, this issue must also be given due attention at international level in the light of the effective international conventions. In the first chapter, I consider the inconsistency of terminology in sections of the legal order and categorizing the understandingof the terms (fauna, animal,game) and clarity for its addressees. This means, from an animal perspective, public and private law.. In the second chapter, I focused on the protection of animals in terms of history and legal documents. Already in early historyof the humanrace, man began to affect his surroundings, whether it was huntingor gathering. Over time, with a growinghuman population,he began to...
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Public participation in land-use planning
Dvořák, Adam ; Derlich, Stanislav (advisor) ; Sobotka, Michal (referee)
1 Abstract This thesis analyzes and describes legal possibilities, which are given to the public for participation in land-use planning. The aim of this thesis is to reach to conclusion, if the public can, as one of the subjects of land-use planning, play a crucial role in this matter or if her role is rather marginal. The author firstly defines the basic terms as "public" and "land-use planning". Besides, he outlines the issue of the status of environmental associations, which is one of the main topics of this thesis. Subsequently, he categorizes land-use planning tools into conceptional and implementation tools. Further, he continues with basic characteristic of individual tools and their mutual relations. For each tool, he describes its function, content and typical features. In following chapters, author detailly describes and analyzes concrete public possibilities, means and tools for participation in land-use planning. He always doing so in the relation to specific land-use planning tools. The analysis is not limited only to the current state of legislation, but also examines its development since the adoption of the Building Act in 2007. The crucial object of the analysis is the relevant court case law, which is in this thesis detailly described and discussed and which in last few years has undergone...
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Private law instruments of environmental protection
Vévoda, Jan ; Derlich, Stanislav (referee)
Private law instruments of environmental protection Abstract Private law deals primarily with the regulation of relations between individuals and the protection of their individual rights, whether personal or property. The aim of this dissertation is therefore to determine whether and how the instruments of private law can be used to protect the environment. For this purpose, an analysis of the relevant private law institutes has been carried out, such as the protection of the personality, neighbourhood law, and the prevention and compensation of damage, which are the most important means of protecting the rights of an individual. Protection of personality in private law is primarily designed to protect the life, health and privacy, but it is useful to indirectly protect the environment from the effects that these values threaten, as shown by extensive decision-making practice of the European Court of Human Rights. The right to live in a favourable environment is a new institute in Czech civil law, which could have a great potential for environmental protection purposes, but it still lacks a more detailed regulation and there is also no case law. Neighbourhood law serves to protect the real estate owners against the disruptive effects of the activities of their neighbours. These are referred to as imissions...
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Legal regulation of watersourse protection
Altmann, Martin ; Sobotka, Michal (advisor) ; Derlich, Stanislav (referee)
Thesis title: Legal regulation of watercourse protection Abstract Watercourses are the most important form of surface water occurrence in the Czech Republic, and therefore their condition also significantly affects the overall state of all our aquatic ecosystems. Despite of it, the ecological and chemical status of watercourses is still not satisfying. This fact requires an increase in the efficiency and complexity of their legal protection, which is the subject of this thesis. The aim of the first part of this thesis is to describe the national legal regulation of watercourses protection in the context of European and international law. At present, national and international legislation is significantly influenced by European legislation provided by the Water Framework Directive. The first part pays attention to the instruments of national legislation, that are relevant to the second part of the work. The first aim of the second part of this thesis is to analyse the basic measures proposed in the two selected sub-basins in order to achieve the objectives of the Water Framework Directive, particularly the good water status. Following this analysis, the second aim is to find out what specific instruments the current legislation provides for the realization of the proposed measures and whether these...
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Legal protection of farm animals against cruelty
Kaletová, Gabriela ; Derlich, Stanislav (advisor) ; Stejskal, Vojtěch (referee)
Legal protection of farm animals against cruelty The thesis deals with the protection of farm animals against cruelty and its main goal is to evaluate the current state of legislation in this field, with respect to both theory and praxis. The thesis comprises of five chapters excluding introduction and summary. The summary sums ups all the findings introduced in the thesis and presents de lege ferenda ideas. The first two chapters define basic terms crucial for the topic and also introduce the historical basis of farm animal legal protection. The current legislation is dealt with at first at the international and European level in chapter three. More attention is naturally given to legal protection of farm animals in the Czech Republic, especially to enforcement of the farm animal protection laws. This enables the thesis to eventually evaluate how effectively farm animals are protected by law in our country. Chapter number five tries to answer the fundamental question behind this thesis; is the current legislation at such a level that would ensure that farm animals are indeed protected against cruelty and that would ensure their good welfare? The thesis uses knowledge from scientific fields such as ethology to be able to answer this question and evaluate the practical impact of the legislation on animal...
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Legal regulation of protection of farm animals against cruelty
Váňová, Barbara ; Derlich, Stanislav (advisor) ; Pokorný, Jiří (referee)
Diploma thesis - Legal regulation of protection of farm animals against cruelty This diploma thesis on Legal regulation of protection of farm animals against cruelty divides into five chapters (excluding the introduction and conclusion). The first chapter explains the relevant terminology. The second chapter concentrates on history of animal rights and philosophical aspects of these rights as well as on animals as subjects of law. The following chapters focus on applicable relevant legislation. The third chapter deals with international animal welfare agreements and relevant EU legislation. The fourth, most important, chapter summarizes the legislation on the protection of farm animals against maltreatment in the legal order of the Czech Republic. This chapter gradually focuses on both public and private law. Finally, the fifth chapter brings a comparison of the domestic legislation on the protection of farm animals against cruelty with the legislation of the Hellenic Republic.
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Legal regulation of air quality protection
Jelínek, Jan ; Derlich, Stanislav (advisor) ; Pokorný, Jiří (referee)
Legal Regulation of Air Quality Protection Abstract This diploma thesis provides an overview of the legislation on air quality in the Czech Republic with a focus on the regulation in the Act No. 201/2012 Coll., on air protection including a detailed analysis of some problematic aspects and current issues. Air pollution is the actual global issue that is discussed not only in the Czech Republic but also all over the world, mainly because of the harmful effects on human health and the environment. This paper is organized as follows. The introductory chapter defines the necessary terms, which are essential to the following text of the paper. This chapter also describes the distribution of air pollutant sources and the importance of this distribution for subsequent obligations. The next chapter provides an overview of the historical development of Czech, international and European air quality legislation following by chapters, where the individual types of regulatory instruments to reduce air pollution are analyzed. The chapter on conceptual instruments mainly focuses on the National Emission Reduction Programme of the Czech Republic and an Air Quality Improvement Programs, including an analysis of the changes brought by the amendment to the Air Protection Act implemented by Act No. 172/2018 Coll. Moreover...
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Legal regulation of trade in CITES specimens
Krejčová, Iveta ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
Excessive usage of wildlife is the second most common cause of species decline on our planet, and thus one of the direct threats to biodiversity. Since biodiversity has a virtually existential significance for the well-being of people, it needs to be cared for in order to slow down its decline. The aim of this thesis is to analyze and evaluate legal regulations at the international, EU, and Czech level, to present the instruments and institutes used to regulate the trade in CITES specimens, and to propose solutions for potential problems. Where deemed necessary or appropriate, a comparison of international legal regulations with EU and Czech legislation is made. This thesis is divided into 6 chapters that are further internally subdivided into subchapters. The first chapter deals with the importance of trade in endangered species of fauna and flora in relation to the loss of biodiversity. The second chapter provides an overview of the legal regulation governing trade in endangered species at different levels (international, EU, and Czech). The third chapter introduces the individual bodies responsible for the implementation of the Convention CITES (or Regulation No. 338/97) at international, EU, and Czech level. The Czech national authorities are classified according to the Act no. 100/2004 by the...
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Legal regulation of special territorial conservation of nature in the Czech Republic and in the State of Israel
Šichmanová, Kateřina ; Derlich, Stanislav (referee)
This diploma thesis deals with the analysis and comparison of the legal regulation of special territorial nature protection in the Czech Republic and the State of Israel. The main aim of the diploma thesis is to provide an overview of the legal regimes pertaining to special territorial nature protection in the compared countries and to confront different legal institutes and thus draw attention to some problematic aspects of the present law. The thesis is divided into 5 chapters. The first chapter provides an introduction and is followed by the second chapter, which deals with the legal regulation of the special territorial nature protection in the Czech Republic and it is divided into five parts. The first part of the second chapter briefly introduces the historical development of establishing specially protected areas and also describes former legal regimes of the special territorial nature protection. Since national and international legal regulation in this field are closely connected, the thesis emphasises the most important international treaties in the sphere of special territorial nature conservation, including the legal framework of the European Union. The third part is concerned with classifications of the specially protected areas in the Czech Republic and the process of their...
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