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Local People Courts (1961-1970) - Socialist Experiment inTheory and Practice
Špergl, Jindřich ; Kuklík, Jan (advisor) ; Šouša, Jiří (referee) ; Salák, Pavel (referee)
LOCAL PEOPLE COURTS (1961-1970) - SOCIALIST EXPERIMENT IN THEORY AND PRACTICE. Abstract The dissertation deals with the Local People's Courts (LPC), which were the basic element of the judicial system of Czechoslovakia between 1961 and 1970. After defining the historical and ideological reasons for the LPC, including a reference to their predecessors, the Comrades Courts, the work also deals with the legal regulation of these courts. Here is outlined the way they were set up, their composition, their jurisdiction and the procedure before them. After describing the legal framework of the LPC, there follows a list of the factual deficiencies of it such as uncertainty in a number of legal questions, the participation of a laic element only in decision-making and the inequality of the offenders in the LPC system. Part of the work captures the LPC periodical evaluation in the professional press as well as the authorities of the ruling Communist Party. The last theoretical part of the work is devoted to the abrogation of LPC and its reasons. The theoretical part is followed by the practical part, which is a probe into the life of LPC in one region. This provides a comparison between theory and practice. Based on authentic archive materials, it provides insight into the decision-making practice and internal...
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Ideal or mirror? Principles and ideas of the May 9 Constitution and the 1960 Constitution and their reflection in criminal and civil law
Blažková, Tereza ; Kuklík, Jan (advisor) ; Rákosník, Jakub (referee) ; Šouša, Jiří (referee)
- Ideal or mirror? Principles and ideas of the May 9 Constitution and the 1960 Constitution and their reflection in criminal and civil law. Presented thesis entitled "Ideal or mirror? The principles and ideas of the Constitution of May 9 and the Constitution of 1960 and their reflection in criminal and civil law" deals with the issue of constitutional development on the territory of Czechoslovakia after 1945. The work has several levels. It examines the role of the constitution in the process of creating other legal regulations and asks questions about the role of the constitution in society in relation to its ideological anchoring. It also focuses on examining the influence of communist ideology in constitutional law, especially in the process of adopting the constitution. The work also affects the role of constitutional values within the codification processes that followed the adoption of the May 9th Constitution and the 1960 Constitution. Criminal law and civil law were chosen as examples of these codification processes. Conceptually, the work is divided into four basic chapters. The first part of the thesis includes the definition of the topic, including the methodology, and also outlines the sources and materials used for the preparation of the dissertation. Due to the definition of the...
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Legal regulation of the end of marriage by divorce during the years 1918 - 1963 in comparison with the current legal regulation
Rubriciusová, Anna ; Šouša, Jiří (advisor) ; Kuklík, Jan (referee)
1 Legal regulation of the end of marriage by divorce during the years 1918 - 1963 in comparison with the current legal regulation Abstract This thesis deals with the historical development of divorce law in the Czech lands and the comparison with the current legislation. The aim of the thesis is to describe and analyse the legal regulations of the termination of marriage by divorce and separation mainly between 1918 and 1963 in a comprehensive and clear manner. The thesis captures the significant changes that have taken place in the law of divorce and separation and seeks to approach not only the substantive law but also the procedural law. The author based her work on specialist literature, case law, contemporary texts, substantive and procedural law, documents from the Prague City Archives and foreign language literature. The sources show what changes the transformation of the legal regulation of marriage has achieved and also what improvements in the legal regulation can be achieved. For a proper interpretation of the thesis, the concepts related to divorce, separation and divorce law are defined in the introduction of the first chapter. The first part of the thesis further deals with the development of the legal regulation of separation and divorce, among other things, the first documented termination...
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Personal ownership in Czechoslovakian law in 1964 - 1990
Ebrahimi, Arian ; Kuklík, Jan (advisor) ; Šouša, Jiří (referee)
Personal ownership in Czechoslovakian law in 1964 - 1990 This thesis aims to comprehensively describe the regulation of personal ownership in Czechoslovakian law in the years 1964 to 1990. The thesis deals with the origin and development of this property type in Czechoslovakia, including the constitutional aspect of property law under socialism and Soviet law, which significantly influenced the Czechoslovakian law. Emphasis is placed on the description of the historical and philosophical roots of property rights with regard to Marxist-Leninist ideology. The introductory part of the thesis comprehensively discusses the regulation of ownership in key legislation before the year 1964, including both post-war Czechoslovakian constitutions and key laws such as the Civil Code of 1950 (Act No. 141/1950 Coll.) or the Economic Code (Act No. 109/1964 Coll.). The main part of the thesis focuses on the regulation of personal property in the Civil Code of 1964 (Act No. 40/1964 Coll.) as amended before 1990. The text compares the original wording of the Code with the amendment of 1982, which returned to the Code traditional Roman law institutes such as possession or easements. The analysis of key provisions in the Civil Code of 1964 is based on contemporary commentaries, legal textbooks and relevant case law,...
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Army general inspection - competences and influence of the institution in the formative period of the Czechoslovak Army (1918-1924)
Kykal, Tomáš ; Kuklík, Jan (advisor) ; Stehlík, Eduard (referee)
The thesis deals with developement of competences and influence of the General In-spection in the formative period of the Czechoslovak Army (1918-1924). First part is dedi-cated to the definition of the term inspection in the European military and focuses on inspec-torates as central supervisory authorities. A concise historical excursion maps their presence in the European military and gives two examples - the Prussian-German and the Habsburg Army General Inspection. The second part follows development of the military inspection in the Czech Legion in Russia. There are two inspectorates dealt as to their competences, their position to military administration and their share on formation of the Czech Legion. The third main part of the thesis is about creation and development of the General Inspection in the Czechoslovakia. It focuses on development of the supreme military authorities, their relations and competences and emphasizes the Josef Scheiner`s position as the Highest Ad-ministrator of The Czechoslovak Army. The following topic reveals the military-political situation, which initiated creation of the General Inspection. Josef Scheiner and then Josef Svatopluk Machar became chiefs of this institution. The conclusion of this part is dedicated to the description of its competences, position, influence...
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Activities Extraordinary People's Courts in the period 1945- 1948
Feniková, Petra ; Kuklík, Jan (advisor) ; Šouša, Jiří (referee) ; Knoll, Vilém (referee)
1 Activities Extraordinary People's Courts in the period 1945-1948 Abstract The aim of my dissertation was to evaluate the activities of extraordinary people's courts in the period 1945-1948, which were established on the basis of Decree of the President of the Republic No. 16/1945 Coll. on the punishment of Nazi criminals, traitors and their helpers and on the extraordinary people's courts of June 19, 1945, also called the Great Retribution Decree. Particular emphasis was placed on examining the substance of the defendants' procedural rights in proceedings before these courts. The work, in its first rather theoretical part, descriptively identifies and analyses the procedural rights of offenders, which were associated with proceedings before retribution courts. The large retribution decree itself referred to the application of the then valid Criminal Procedure Code, which was Act No. 119/1873 Coll., Which introduces a new code of the Criminal Court, as amended (Criminal Procedure Code). It was thus necessary to examine which other procedural rights, in addition to those set out directly in the text of the decree, were applied in the proceedings. For this purpose, in addition to legal norms, implementing regulations were used, not only at the level of decrees, but also directives, instructions or...
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JUDr. August Adolf Popelka, President Hácha's Chancellor
Piják, Martin ; Čechurová, Jana (advisor) ; Kuklík, Jan (referee)
This thesis deals with the life and work of doctor of law, JUDr. August Adolf Popelka (1887- 1951), lawyer and official working for the President of the Czechoslovak Republic in years 1919-1945. Part of this thesis is based on a relatively wide range of archive materials from The Archives of The Office of the President of the Czechoslovak Republic. Documentation relating to the chapter dealing with Popelka's trial before The National Court and with his imprisonment comes from The National Tribunal fund in the National Archives. The thesis also examines the family background of August A. Popelka, in particular his father JUDr. Augustin Popelka, head of The Supreme Court, and his mother Ludvika Rottová Popelková, member of The National Theatre in Prague. keywords: August Adolf Popelka, Emil Hácha, The Office of the President of the Czech Republic, Prague Castle, Protectorate of Bohemia and Moravia, The National Court, collaboration
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Social legislation in Czech lands in the years 1918 - 1948
Roubíková, Petra ; Kuklík, Jan (advisor) ; Kindl, Vladimír (referee) ; Rákosník, Jakub (referee)
Social legislation in Czech lands in the years 1918 - 1948 Abstract The dissertation deals with the theme of social legislation in the period of 1918-1948. i.e. during the so called First, Second and Third Czechoslovak republic. However, the foundations of the Czechoslovak laws in this area lays in the period of Austrian laws, especially from the second half of the 19.th century. Development of social legislation was directly conected with the existence of a legal regulation of modern municipal self-government and higher levels of self-government. Two very important acts were adopted in this respect: Act No. 18/1862 The empire's code implemented on 5th March 1862 "The Act on Municipal matters" and on 3rd December 1863 Act. No. 105/1863 The empire's code "The act about Domestic rights". For poor relief the "The Poverty act" (Act No. 59/1868 The provincial code) was enacted on 3rd December 1868. Based on the social policies of "stick and carrot" of Otto von Bismarck in Germany, the Austrian Government enacted series of Acts on health and other types of social insurance systems, which were not universal, but had differences for different types of workers and employees, for example for miners, factory workers or white collars. Because the Act No. 11/ 1918 Coll. of laws transferred practically all existing...
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Hubert Ripka - biography (until 1945)
Pavlát, David ; Kuklík, Jan (advisor) ; Harna, Josef (referee)
Česká historiografie dosud nevěnovala odpovídající pozornost významnému novináři, historikovi, publicistovi a jednomu z předních představitelů národněsocialistické strany, politikovi demokratického smýšlení, Hubertu Ripkovi (1895-1958). Cílem předkládané práce se proto stalo zachycení života této významné osobnosti českých a československých dějin 20. století. Z důvodu značného rozsahu jeho novinářské a politické činnosti byl za mezník zvolen rok 1945, kdy se dne 17. května Hubert Ripka po šestiletém období exilu vrátil do osvobozeného Československa.
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The Expulsion of Germans from the Area of Šluknov in the Years 1945 - 1947
Jahoda, Štěpán ; Kuklík, Jan (advisor) ; Starý, Marek (referee)
The goal of the thesis "Transfer of Germans between years 1945-1947 in Šluknov region" is to analyze processes that started after the end of World War II in the Šluknov region and were directly related to the transfer of Germans from the territory of the Czechoslovak Republic. It closely studies the documentation of the transfer inside the Šluknov region, i.e. it is partly an analysis of the legal form, which was the basis for the transfer and mainly an analysis of the complications, which occurred during the transfer, and the practice of the administration when dealing with these complications. I am working with the documents from the local state archive in Děčín and based on these documents I am trying to closely reconstruct the process of the transfer of Germans from the Czechoslovak Republic. I have focused on trying to get a closer look at the conditions in the collecting camps, where the Germans were awaiting the transfer. I am also addressing the problem of German antifascists and their transfer. The issue of the influence of the need to retain the industrial plants in the Šluknov region in good working condition during the transfer is also examined. At the end I am trying to confront the individual transports to the American occupation zone and to the Soviet occupation zone and also find out some...
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