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The expropriation of aristocratic families property after the Second World War, the case Lex Schwarzenberg
Blažková, Tereza ; Kuklík, Jan (advisor) ; Soukup, Ladislav (referee)
1 Abstract in english: The aim of this thesis is the particular legal act n. 143/1947 Sb., on the transfer of the assets of the Hluboka's branch of Schwarzenbergs to Czech country, also known as "Lex Schwarzenberg". The purpose of this work is to describe this unusual case (in Czech law an extraordinary case), especially from the point of view of the context of its creation. For this reason, the thesis deals with the political background in the time of adoption of this legal regulation and then wiith the predominant basis of legal theory. An important part of the thesis is also the analysis of the act itself. The basis for writing the presented work was mainly archival materials from the second half of the 1940s, for example from the Archives of the Office of the President of the Republic or from the private Schwarzenberg Archives in Murau. Some of the presented archive materials have been published in the past, others not. Another important source is specialized historical-legal and theoretical-legal literature. The thesis also try to describe what led to the adoption of this legislation, and try to theoretically enlighten the meaning of the issue of such a special expropriation law for our legal system. The work is divided into a general and special part. In general part, the work focuses on defining the...
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Legal standing formation and operation of the Financial Guard of Czechoslovakia
Jindra, Ondřej ; Soukup, Ladislav (advisor) ; Šouša, Jiří (referee)
This diploma thesis deals with formation and activities of the Financial Guard of the Czechoslovak Republic. It was a paramilitary security authority whose primary purpose was to oversee and prevent smuggling in the border area of the Czechoslovak Republic, simultaneously the Financial Guard was tasked with protecting the state border from unauthorized crossing of foreign nationals. The Financial guard existed before the establishment of the independent Czechoslovak Republic, but as one of the many institutes of Austria-Hungary it was also taken over into a new political arrangement. The aim of this work was to get acquainted with the term of Financial Guard. Define its basic functions and activities, and separate it from purely military churches. This work, in its first part, briefly and clearly talks about the establishment and prehistory of the Financial Guard, and its subsequent development to a fully functioning state body of the Czechoslovak Republic. In relation to subordination to the Ministry of Finance of the Czechoslovak Republic, I also deal with the partial analysis of this ministry in this work. Next chapter of this work defines the construction of the Financial Guard. Describes the first moments of the Financial Guard in the Czechoslovak Republic and gives examples of equipment of the...
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Legal development of the state finance and treasury in Czechoslovakia during the years 1918 - 1945
Pejskarová, Adéla ; Kuklík, Jan (advisor) ; Soukup, Ladislav (referee) ; Vojáček, Ladislav (referee)
The aim of my thesis is a detailed analysis of the state finances and treasury in Czechoslovakia during the years 1918 - 1945. If we look at the structure of my thesis, the exordium of my thesis is focused on the general concept of the state finances and after that because the state finances consist of several parts, the chapters are devoted to legal development of these several parts of state finances during the years 1918 - 1938. I mean the area of state budgets, taxes and fees, currency and monetary reform, the formation and activities of the bank of issue, as well as the banking and treasury. The legal development of these individual areas is closed with the chapter devoted to the economic crisis (during the years 1929/30 - 1934), the ways and means of its solution and with next period in history of our state, i.e. the period of rearmament. The second part of my thesis is devoted not only to the common development of all areas of state finances during the Nazi occupation of Czechia, but also to comparison this development with the development of the state finances in Slovak State. The end of my thesis is focused on the development of the state finances after the year 1945 and the monetary reform in 1953 as a comparison to the development in the previous periods. In my thesis I deal not only with the...
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The Legislation of Providing Health Care of Residents in the Czech Lands from 1918-1966
Pokorná, Žaneta ; Soukup, Ladislav (referee)
The Legislation of Providing Health Care of Residents in the Czech Lands from 1918- 1966 Thesis deals with the development of the legislation of providing health care of residents in Czech Lands from 1918 to 1966, which was effective only in Bohemia. The introductory chapters are about the legislation since 1848 due to reception of the legislation from the Austria-Hungary (often referred to as the Austro-Hungarian Empire in English-language sources). This inherited legislation is mainly about the right of the domicile, health and social care and public health. The authoress divided this thesis into three main chapters about public health care according to timely periods. The main chapters contain subchapters specializing in specific legislation of the individual components of public health. First chapter is about reception of the health care legislation from the Austria- Hungary, about public health care legislation, health system from the perspective of the administrative law, the legislation of the medical service, about the rights and duties of doctors and patients, and finally about funeral legislation. Second chapter is about short excursion to health care legislation in Protectorate Bohemia and Moravia whereby thesis intentionally omits this period closer, because its specific legislation...
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The frial of General Heliodor Píka
Salvetová, Zuzana ; Kuklík, Jan (advisor) ; Soukup, Ladislav (referee)
Title of the thesis: Trial of general Heliodor Píka The object of this work is to analyze the process of General Heliodor Píka in the light of social and legislative changes in the 40s of the 20th century, through which the author tries to answer the question of in what ways the applicable laws and basic legal principles were violated in the criminal proceedings conducted against general Píka and what allowed these violations. The thesis contains an outline of the political and social history of Czechoslovakia since the end of World War II until the end of the 40s of the 20th century, analysis of legal changes and newly adopted legal rules on the basis of which the political processes were later held, description of patterns and classification of political processes, and in particular a detailed analysis of the process of General Píka. The work consists of six chapters, the first three contain the necessary theoretical framework of the issue, the disclosure of which is required for subsequent analysis and understanding of the very subject of the thesis. The first chapter describes historical and political development of our country since the World War II up until the takeover of power by the Communist Party. The second chapter is dedicated to legal changes that have taken place in this period and...
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Czech constitutional conception as a major political programme of the national movement in the years 1848-1849
Plačková, Daniela ; Kuklík, Jan (advisor) ; Soukup, Ladislav (referee)
Resumé Das tschechische staatsrechtliche Programm entsteht etwa von Anfang der 40er Jahre des 19. Jahrhunderts an, also zu der Zeit, als sich die ökonomische Stellung der tschechischen Bürgerschaft, die den politischen Kampf mit dem Absolutismus von Metternich und mit der regierenden deutschen Bürgerschaft führt, zu festigen beginnt. Strenge Zensur hat keine offenen politischen Äußerungen ermöglicht, die nicht loyal geschrieben wurden, und deshalb wurde das tschechische politische Programm vor dem Jahr 1848 nur in zahlreichen anonymen Broschüren von tschechischen Verfassern veröffentlicht. Dieses politische Programm ist eine staatsrechtliche Konzeption in dem Sinne, dass es auf Grund des historischen Rechtes die Verbindung von Ländern der tschechischen Krone beinhaltet. Auf der anderen Seite zeigt sich darin der Grundwiderspruch, der für die tschechische Politik in den Jahren 1848-49 typisch ist und der darin besteht, dass das tschechische staatsrechtliche Programm zwar im Grunde die Äußerung der tschechischen staatlichen Unabhängigkeit bedeutet, aber in Wirklichkeit einen Kompromiss mit der Habsburgermonarchie darstellt und völlig vom Gedanken des Austroslavismus ausgeht. Das staatsrechtliche Programm der tschechischen Liberalen wird in den revolutionären Jahren 1848-49 zu der bedeutendsten politischen...
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Development of advocacy in Czechoslovakia 1918 - 1989
Caletka, Lumír ; Kuklík, Jan (advisor) ; Soukup, Ladislav (referee)
Development of advocacy in Czechoslovakia 1918-1989 The thesis described and analysed the historical development of advocacy on the territory of Czechoslovakia from 1918 to 1989. It took into account the previous historical period, thus the beginnings of advocacy in Roman law, the legal profession in our country till 1848 and the historical phase between 1848 and 1918, very important for Czechoslovakia, when the basic legal regulations were created which were first accepted by independent Czechoslovakia in an unchanged form and were modified over time. Along with the law of the Roman Empire, the Austria-Hungary law was crucial for the formation of the cornerstones of today's modern advocacy. The thesis also covered chapters that included the definition of basic and associated terms that relate to advocacy, and last but not least a description of the current legislation of advocacy as well. The base of the thesis was represented by a historic period since the establishment of independent Czechoslovakia, through the second Czech-Slovak Republic, the Protectorate of Bohemia and Moravia, the short period after liberation and the communist regime from 1948 until after the revolutionary year of 1989, which, for the Czech advocacy, featured a return to democratic roots and First Republic's traditions of...
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Extraordinary people's court in Prague
Němečková, Daniela ; Kindl, Vladimír (referee) ; Soukup, Ladislav (referee)
Résumé The outrageous crimes committed by the Nazis and their treacherous accomplices in Czechoslovakia demanded strict justice. These were the first words of the Decree No. 16/1945 concerning the punishment of Nazi criminals, traitors and their accomplices and concerning the Extraordinary People's Courts (so called the Great Decree). This decree was used to punish Nazi criminals, traitors and their accomplices who stood trial before the Extraordinary People's Courts. The biggest extraordinary people's court resided in Prague, it carried out its activity from 5th September 1945 to 4th July 1947 and it had to deal with eleven thousand cases. During its existence this court had to solve a lot of issues: such as missing professional judges and public prosecutors, problematic cooperation with the District National Committees, and finally the interpretation of problematic provisions. A lot of important Nazis had to stand trial before this court, such as the prosecutor of the Special court Kurt Blaschtowitschka, the politician of the First Republic and the Minister of State for Bohemia and Moravia Karl Hermann Frank, the Deputy Protector of Bohemia and Moravia Kurt Daluege, the gestapo leader in Kladno Harald Wiesmann with another fifteen gestapo members and at last the parachutist and later paid confident, the...
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The attempts to federalize the Austrian monarchy
Čermák, Zdeněk ; Adamová, Karolina (advisor) ; Soukup, Ladislav (referee)
The topic of this doctoral thesis is an analysis of the attempts to federalize the Austrian monarchy occurring between 1848 and 1918. Special focus is given to the political program and concept of a state in the works of František Palacký. The first part of the thesis will introduce chronologically all principal ideas and theories which Palacký created during his life and which concern his concept of organization of the multi-national Austrian monarchy and of the Czech lands within the monarchy. Attention will be paid not only to the general grounds on which Palacký based his political program but also to the practical side of his political activities. In the same time, the most important political events and changes in the Austrian state will be mentioned from 1848 - the year when Palacký entered the political scene - to the year 1876 when he died. The first part will be devoted to the description of Palacký's character, especially his activities outside politics. The next part will focus especially on his activity in the Constituent Assembly in Vienna and Kroměříž in 1848-49. A detailed essay on Palacký's most important theoretical work, Ideje státu rakouského (Idea of the Austrian State) will form the centre of the third part. The individual chapters of the part will also deal with his other...
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