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Generally binding regulations of municipalities in the field of gambling
Fialová, Barbora ; Rajchl, Jiří (advisor) ; Kryska, David (referee)
Generally binding regulations of municipalities in the field of gambling Abstract The municipalities, as basic territorial self-governing communities of citizens, have a number of rights in the implementation of their constitutionally guaranteed right to self- government. One of these entitlements is also the right of autonomous normative formation, ie. the right to issue its own legislation which is in a separate scope of a generally binding regulations. Generally binding regulations are therefore the laws of municipalities, the main purpose of which is according to the provisions of Section 10 of the Act about municipalities regulating local affairs in the form of obligations. The entitlement of municipalities to issue generally binding regulations is anchored directly in the Constitution and is further specified in the Act on Municipalities. However, the enabling provision for the issuance of generally binding regulations is contained in a number of specific legal regulations, among others even in the law on gambling. Pursuant to Section 12 (1) of the Gambling Act, municipalities are authorized in the form of a generally binding regulations to restrict or even prohibit the operation of certain types of gambling regulated by law. The goal of the rigorous work on the topic of "Generally binding regulations...
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Contracts under public law
Háleková, Ivana ; Vedral, Josef (advisor) ; Rajchl, Jiří (referee)
in English The main topics of my thesis are public law contracts. Public law contracts can be defined as bilateral or multilateral legal operations, which establish, change or repeal rights or duties in the area of public law. I tried to give a complete point of view on them, including their history, the actual legal regulation and I also tried to present the single types of public law contracts. Public law contract is one of the forms of public service. It is an institute, which was already commented by legal theorists in the period of Austria-Hungary and also in the beginning of 20th century. The importance of this institute was shaded during the Second World War and during the period of communism. The democracy and then the general legal regulation in form of the normative act No. 500/2004 called the Rules of Administrative Procedure give the institute importance again. Public law contracts can be considered as instruments, which help to involve private entities in the sphere of public services. The thesis is divided into chapters, but it is possible to say, it is divided into two big parts. The first one concerns the definition of the public service in general, because I suppose it is necessary to understand the whole system for determining the public law contracts issues. It also concerns the...
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Legal regulation of firearms
Flax, Lukáš ; Millerová, Ivana (advisor) ; Rajchl, Jiří (referee)
in english: The thesis sets up three main objectives. Firstly to enrich the public debate by verifying numerous historical arguments, which objectivity and relevancy is unclear. Three chapters of the thesis delve in to these matters, presenting cultural, historical and scientific context for evaluating legal regulation in Europe at large. For substantial demography the right to own and carry a weapon is a symbol of their freedom, while the restrictions represent authoritarian breach of their rights. To an extend this thesis verifies this notion based on historical analysis of past czech and czechoslovakian legal regulation. On the other hand presented outcome of sociological research brings up the fact that weapon at the societal level private possession of firearms does not increase the safety of individual citizens. Sociology also offers enlightement on the reasons why we seek to own and carry weapon and why we fear them. Often these reasons are similarily questionable. The second objective was to provide the thesis with prolonged usefulness and utility to the public. Thesis contains extensive exposition of many unclear provisions of our gun law. Practice of the courts, and numerous jurisprudential commentaries and literature were used as resources. To ilustrate the appliacations several...
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Liability for harm caused by maladministration
Moravec, Marek ; Rajchl, Jiří (advisor) ; Svoboda, Petr (referee)
This diploma thesis focuses on the topic of "Liability for damage caused by incorrect administrative procedure" under Act No. 82/1998 Coll., on liability for damage caused within the exercise of public authority by a decision or incorrect administrative procedure and on the amendment to Act No. 358/1992 Coll., on notaries and their activities (Notary Act), as amended. Formally, the thesis is divided into seven chapters, which are further split into individual subchapters. The first chapter deals with the historical development of legislation governing state liability within the exercise of public authority and with current sources of law, including the introduction of literature. The second chapter focuses on the characterization of the liability as a part of private law and on the basic definition of the term "incorrect administration procedure". This term is generally defined as any procedure of a public authority excluding decision-making activities, which is in conflict with generally applicable legal regulations. The third and fourth chapters respond to the adoption of Act No. 89/2012 Coll., Civil Code, and analyse individual impacts of its secondary application to liability obligations. In particular, the thesis address the question of the conceptual change of liability, namely in direct...
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Legal framework for activities of socalled alternative schools in the Czech Republic
Kaczor, Jan ; Staša, Josef (advisor) ; Rajchl, Jiří (referee)
222 Legal Framework for Activities of So-Called Alternative Schools in the Czech Republic Abstract This thesis describes the legal aspects of providing primary and secondary education at so- called alternative schools in the Czech Republic. Firstly, the thesis outlines what an alternative school is and how it can differ from a traditional school. Some examples are given below. Then it explains legal provisions of international human rights law and constitutional law concerning the right to education. A state's obligation to respect parent's philosophical, religious, and other beliefs and rights of individuals and organizations to establish and run private educational institutions lies within the scope of the right to education. The author clarifies why, under these provisions, any quantitative restriction limiting number or capacity of private schools is unacceptable. As a result, some current administrative practices of the Ministry of Education not allowing private schools to be established is labeled as unlawful. Secondly, the author thoroughly describes the general legal framework provided by Education Act nr. 561/2004 Sb., especially its aspects concerning private and alternative schools. This thesis concludes that providing education in schools needs to be seen as an act of the so-called "other"...
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Administrative discretion and indefinite concepts of law
Petrmichl, Václav ; Vedral, Josef (advisor) ; Rajchl, Jiří (referee)
Cizojazyčné resumé My diploma thesis deals with the issue of the administrative consideration and indeterminate legal terms. In first chapter are mentioned theoretical fundamentals of administrative consideration and analysis of application principles. There are also described main conceptual features - provision of law as a legal basis, freedom in decision making proces and possibility to choose an optimal solution of the issue, conclusion, that discreation is not an inherent attribute of decission making proces within public administration, limits of dicretion, which can be deduced from provision of law (concretised limits) and basic principles of public law (general limits) and finally legal requirements for reasoning for the decision, based on administrative consideration. Second chapter describes indeterminate legal terms. At first text clarifies process of interpretation and subsumption facts under such terms, explains reasons and consequences of using this terms in law regulations. Chapter three deals with very common phenomenon - coexistention of administrative consideration and indefinite legal terms in one legal provision. Author analyses relations between them and then reccomend, with respect to judicial conclusions, how to carry out the process of aplication properly. In chapter four author...
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Electronic signature in administrative procedure
Jandora, Tomáš ; Handrlica, Jakub (advisor) ; Rajchl, Jiří (referee)
1 Abstract As a topic of the diploma thesis I have chosen the issue of electronic signature in relation to administrative proceedings. The field of electronic communication is incredibly diverse and it is growing very dynamically. For this reason, I found the topic interesting and usable in the future. There have not been many theses on this topic yet, so I did not have to solve the problem that it was not original. I have always had a positive attitude towards digital technology. At the same time, I was fortunate that I could have always been informed about information technologies by someone who was interested in the issue much earlier. No matter whether it was more experienced family member, high school teacher who by far exceeded the capacities of the educational institution, or patient colleague at work. As stated at the beginning, this work could not have been finished without the contribution of my father, who has been involved in the issue of electronic signatures for a long time, and who brought me to the idea of choosing this topic. The aim of this work was to describe possibilities of application of electronic signing in administrative proceedings, or in communication with public authorities. However, a simple description of the legislation, which is presently in practice, would not be...
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Regulation of lobbying in the Czech Republic including a proposal de lege ferenda
Kislingerová, Gabriela ; Svoboda, Petr (advisor) ; Rajchl, Jiří (referee)
Regulation of lobbying in the Czech Republic including a proposal de lege ferenda Transparent lobbying and his regulation is natural and necessary part of functioning of democratic states. Regulation of lobbying done by legislation is supposed to be a fundamental element of transparency of democracies in 21st century; an essential element of an integrated system of development in approximation of civil society and public institutions, mutual trust and transparency in mutual relations. Regulated lobbying should enable citizens of a democratic society to exercise their right to public control of processes associated with the formation of laws, legal norms of lesser legal force and other important decisions. This thesis describes the current situation (March 2016) in the regulation of lobbying in the Czech Republic and choses, by author, suitable alternatives of solution to the lobbying regulation in the future. Due to the fact that lobbying is not regulated or defined by any law in the Czech Republic, lobbying is often pejoratively confused with corruption and generally misunderstood and negatively perceived by the public. The aim of the thesis is to present possible views on the solution to the problematic of regulation of lobbying in Czech Republic. The thesis is divided into two chapters. The...
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Legal Regulation of Prostitution in the Czech Republic
Chocholoušová, Karolína ; Vedral, Josef (advisor) ; Rajchl, Jiří (referee)
Legal Regulation of Prostitution in the Czech Republic Abstract Prostitution and questions about its legal framework have accompanied humanity since time immemorial. For many centuries periods of prohibition, when prostitution was banned and prosecuted, alternated with periods of regulation, when prostitution was allowed within the legal framework on the territory of the present-day Czech Republic. Since 1992 an abolitionist approach to prostitution has been in place, meaning that prostitution is neither prohibited nor expressly permitted by law. The only regulatory element in the current concept of abolitionism is the power of municipalities to issue generally binding by-laws to ensure local public order. Using by-laws, municipalities are allowed to regulate or even ban prostitution from local public grounds. Since the establishment of the independent Czech Republic, several proposals have emerged with the objective to "solve" abolitionism, demanding a change in the legal approach either towards repression or, more often, towards the creation of legal framework. However, none of them has yet been adopted. This is partly because there is no general agreement on what is the right "solution" and partly because the adoption of prostitution laws is not in accordance with the Czech Republic's obligations under...
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Action for protection against unlawful interference
Fencáková, Silvia ; Rajchl, Jiří (advisor) ; Balounová, Jana (referee)
Action for protection against unlawful interference Abstract This thesis deals with the topic of protection against unlawful interference, instruction or coercion of an administrative authority pursuant to Section 85 et seq. of Act No. 150/2002 Coll., Administrative Procedure Code. The first chapter defines the key elements of a factual intervention as one of the forms of public administration activities, doing so primarily by theoretical comparison with an administrative decision. The chosen approach is primarily guided by the negative definition of factual intervention by an administrative authority contained in Section 85 of the Administrative Procedure Code, which contraposes it with an administrative decision. The first chapter also includes an in-depth analysis of three model examples representing atypical forms of public administration activity, against which, based on the conclusions of court practice, an action for interference may be brought. The second chapter discusses the position of an action for interference within the three basic types of administrative actions, and its relationship to an action against a decision and an action against the inaction of an administrative authority. It also does so on the basis of an analysis of the judicial interpretation of the concept of an administrative...
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