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An educational legal entity
Šípová, Adéla ; Vopálka, Vladimír (advisor) ; Millerová, Ivana (referee)
46 8. Resumé v anglické jazyce -Summary in English Educational legal entity Educational legal entity is a new type of legal entity established under Act No. 561/2004 Coll. (the "Schools Act"). There are not many of these legal entities at the moment as they represent a brand new institute, more often used by church schools to which this concept has brought many simplifications when compared to the previous regulation. Educational legal entity is specific due to the fact that it can be established only for the purpose of operation of primary business in the education sector in accordance with Section 3a of Act No. 561/2004 Coll. The issues of the educational legal entity shall be governed by the applicable provisions of the Commercial Code unless the law specifies otherwise. When compared to other legal forms, in particular the allowance organisation as the most common operator of schools, differences are traced mostly in the higher level of management autonomy. Educational legal entity may administer its own property, create monetary funds etc., which will allow for a better use of the property and a more effective long-term planning. The manager of the school is, at the same time, the authorized representative of the educational legal entity. He must comply with the conditions for practice of the position...
Powers of municipalities
Mráčková, Jana ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
Resüme Titel: Die Zuständigkeit der Gemeinden Das Hauptziel dieser Diplomarbeit besteht darin, die Zuständigkeit der Gemeinden in der Tschechischen Republik zu beschreiben. Die heutige gesetzliche Regelung schließt sich seit 1990 wieder an die ehemals Ősterreichisch-Deutsche kommunale Tradition des gemischten Vollzugs der öffentlichen Verwaltung an. Nach einer nötigen kontextuellen Einführung (in der Form der Abgrenzung des Begriffes der "Zuständigkeit" und in der Form eines kurzen historischen Exkurses des Verlaufs der gesetzlichen Regelung bis zum Jahr 1990), folgt das Kapitel über den übertragenen Wirkungskreis der Gemeinden. Das Ziel dieses Kapitels ist die Verankerung dieser Zuständigkeit innerhalb der Rechtsordnung der Tschechischen Republik, ihre Prinzipien und ihre Funktionieren zu zeigen. Der eigene Schwerpunkt dieser Arbeit ist in den Kapiteln zu finden, die den eigenen Wirkungskreis der Gemeinden beschreiben. Erst beschäftigt sich die Arbeit mit der verfassungsrechtlichen Verankerung und mit dem Vergleich des Rechts auf die Selbstverwaltung in der Tschechischen und Deutschen Rechtsordnung. Danach ist die Konzeption und die eigene Regelung des eigenen Wirkungskreises der Gemeinden in der Tschechischen Republik und in der Bundesrepublik Niedersachsen beschrieben. Der Vorsatz der Beschreibung der...
Keeping records of administrative delicts
Růžičková, Zuzana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This master's degree thesis deals with keeping records of administrative delicts in the Czech Republic. It mainly focuses on the central register of offenses which is new, yet unknown institute. Its implementation was recently approved by Parliament. Even though the law is not yet effective, it has attracted considerable media interest since it aims to deal with minor offenses relapsing. The reason for my research is to examine these new possibilites. The purpose of my thesis is to summarize the existing situation in the field and to analyze various aspects of the new central register. The thesis is composed of seven chapters. The preface introduces the topic, the structure and the main goals of this thesis. The second chapter is theoretical. It briefly defines basic terminology and explains what is an administrative offence, in which categories it can be divided and what are its essential features. The third chapter examines which registers do we have, which information can we find there and what is their purpose. The fourth chapter concentrates on issues related to the central register. I compare the pros and cons and also give a thought about whether or not to punish minor offenses relapse by criminal law. The fifth chapter is devoted to the central register of offenses in the form it was approved by the...
Administrative delicts relating to the construction and occupancy of buildings
Koláček, Martin ; Staša, Josef (advisor) ; Millerová, Ivana (referee)
This thesis deals with administrative offences relating to carrying out a construction and to occupancy of a construction. The main reason I have chosen this subject-matter consists in the fact that building and construction law has been, is and certainly is going to be one of the legal domains of major importance in the life of a society. What has, furthermore, motivated me to deal with this subject was the coming into force of the new Construction Act which brings, in many aspects, substantial changes to the current regulation. The subject-matter of my thesis led me, through analysis of different facts of administrative offences under the Construction Act, to a better understanding of all the key institutes of the construction law. The whole work is divided into eight chapters. The first and the second chapter introduce the subject of administrative offence and make for understanding of this institute in a wider context. The first chapter deals with penalty in administrative law which is understood as the decision process of administrative agencies on culpability and liability for illegal conduct. The first chapter also mentions some fundamental principles applying in this domain. Second chapter deals with administrative offences in general. It deals with the characteristic features of particular offences...
Proceedings for administrative delicts of legal entities
Hyldebrant, Pavel ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
A heated debate was going on during the past few years among Czech lawyers concerning punishment of legal entities. It culminated as the law on criminal liability of legal entities and proceedings against them was passed. However, this has not solved all the problems of legal regulation of delicts committed by legal entities. The question of reform of administrative punishment remains relevant, although not urgent. The current legislation suffers certain defects, in particular its incompleteness, which has to be addressed in legal practice by using laws whose primary field of application lies elsewhere; those laws do not address all peculiarities of administrative punishment of legal entities. While the main discussion is centered on substantive law, proceedings for administrative delicts of legal entities deserve attention as well. My thesis is divided into four parts. The first part briefly outlines the historical development of the proceedings for administrative delicts of legal entities. The second part provides a brief overview of the current state of legislation, focusing on the sources of law. The third part deals with general principles of law relevant for proceedings for administrative delicts of legal entities, especially the right to a fair trial, as described in the Convention for the Protection...
Preservation and buildings
Vodičková, Drahomíra ; Staša, Josef (advisor) ; Millerová, Ivana (referee)
The goal of the submitted thesis, "The Monument Protection and Buildings", is the presentation of current legislation on protection of cultural monuments, buildings specifically. After an introduction, containing the goals of the work, a brief history of conservation and resources, follow the chapter explaining the basis terms. The next part includes the question of the declaration of buildings as cultural monuments. The following chapter deals with the care of monuments, especially with the obligations of the owners of the cultural monuments to provide a proper care for these buildings, with the consequences of violation of those obligations and penalties according to the State Monument Act. At the end, the process of cancellation of declaration as a cultural monument is presented, and so is the removal of building. The last part describes the legislation on protection of buildings which are not cultural monuments, but they are situated in a protected area.
Problematic aspects of public tenders from the perspective of a municipality
Hájková, Petra ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
The problematic aspects of awarding of public procurement from the perspective of the municipality. The aim of this thesis is a presentation of certain problems associated with awarding of public procurement by public authority - the municipality. This thesis is divided into three parts. The first part provides a general introduction to the topic. This part defines the basic terms and principles associated with public procurement, attention is also focused on a definition of local government units. At the beginning of the second part a legal framework of public procurement and a brief view of the future legislativ is presented. The most important section of this part describes bodies of the municipality and their competences associated with awarding of public procurement. Thereafter it deals with mistakes and shortcomings which may arise during the tender process from the part of municipalities. In this part specific situations coming from the practical experience of municipalities are described and analysed, including a list of potential impacts on municipalities. Attention is also paid to current jurisdiction and decision making practices of the Office for Protection of Competition. The final part of this thesis summarizes the conclusions drawn in the previous chapters.

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