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Regional administration and other aspects of the organisation of local authorities in the CR
Koňata, David ; Staša, Josef (referee)
Title of the rigorous thesis: Regional Establishment and other Selected Aspects of Public Administration in the Czech Republic Three key words: Supreme State Authorities (State Departments) Regional Authorities County Authorities Abstsract: In this thesis, we have dealt with the regional system in the Czech Republic. At the beginning, we defined some basic concepts related to the issue of regional establishment, namely administrative law and its basic principles, we defined public administration, we defined local self-government, we gave a definition of regional establishment. We have also dealt with some other concepts. In the next part of this thesis, we have dealt with the history of the regional system in Bohemia and Moravia. We have gone through the various historical phases of the development of the regional system from the beginning of the 13th century, through the Hussite period, the period of the Thirty Years' War, the period of enlightened absolutism and the transition from feudalism to capitalism. The next chapter was devoted to the period of the Austrian monarchy from 1848 onwards. The historical overview of the regional system ended with an outline of the development of the regional system after World War II. and during the period of communist dictatorship until 1989. In the fourth part...
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Administrative offenses in the field of expert activity
Špačková, Jitka ; Sharp, Vladimír (advisor) ; Staša, Josef (referee)
1 Administrative offenses in the field of expert activity Abstrakt v anglickém jazyce (summary) The subject of the diploma thesis is administrative offenses in the field of expert activity. Its main goal is to compare previous and subsequent legislation of expert activity and to define the issue of expert activity. In 2021, the new Act No. 254/2019 Coll., entered into force, which established new obligations for experts and increased sanctions for non-fulfillment. Administrative offenses in the field of expert activity are the result of a breach of duty by an expert, an expert office, or an expert institute. Therefore, this thesis first deals with the analysis of the basic concepts of expert activity and then analyzes the individual duties of an expert in the performance of expert activity. It also mentions the expert's responsibility for performing expert activity. The main output of expert activity is an expert opinion. Thesis describes the necessary requisites of an expert opinion and illustrates the procedure of the expert in processing. In the following part, the thesis deals with the definition of administrative offenses of experts. It describes the role of the Ministry of Justice in the supervision of expert activity and addresses the possibility for the public to participate in the control of expert...
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Legal regulation of unmanned aircraft
Bušek, Rostislav ; Vedral, Josef (advisor) ; Staša, Josef (referee)
Legal regulation of unmanned aircraft Abstract This thesis deals with the legal regulation of drones with emphasis on the European legal framework and the administrative practice of the Civil Aviation Authority. The aim of the thesis is to provide an explanation of the different terms such as unmanned aircraft and unmanned system, to define the different classes of unmanned systems and to categorize the different types of operation. The thesis is divided into eight chapters. The first chapter is devoted to the history and allows to interpret the current legislation in the light of its development. The second chapter describes the three-level legal framework, which consists of international law, European Union law and national law. In this chapter I focus on the international organizations operating in the civil aviation sector and their common objectives. The third chapter details the basic concepts of unmanned aviation and compares their definitions in different documents. The fourth chapter focuses on the production, marketing and classes of unmanned systems. It also discusses the obligations of manufacturers, importers and distributors of unmanned systems. The fifth chapter discusses the operation of unmanned systems and the categorisation of different operations with an emphasis on their comparison. In...
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Participants in administrative proceeding and their legal status
Kadeřávková, Martina ; Staša, Josef (referee)
Participants in administrative proceeding and their legal status Abstract This rigorous thesis deals with the participants in administrative proceedings and their legal status. The aim of the thesis is to describe the legal regulation of the participants in administrative proceedings and their selected procedural rights in the Czech Republic, to point out the deficits of the legal regulation and to present proposals de lege ferenda. The author used descriptive method and critical analysis in writing. The thesis also contains a comparison with foreign legislation. The author draws on Czech and foreign sources. The thesis contains the author's observations on the subject. The rigorous thesis is composed of the introduction, eight chapters and the end. In the introduction, the author states the aim of his thesis, methodology, sources, structure of his thesis and the reasons that led to the writing of the rigorous thesis. The first chapter is focused on the administrative procedure, its characteristics, division, subject and basic principles of administrative authority operation. In the second chapter, the author defines the subjects of the administrative procedure. The third chapter contains the characteristics of the participants. The author defines the participants according to the Administrative Code. The...
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Legal framework of spatial regulation at the city level
Nečasová, Julia ; Staša, Josef (advisor) ; Rajchl, Jiří (referee)
Legal framework of spatial regulation at the city level Abstract This diploma thesis would describe the mechanisms of spatial regulation, which is a significant part of the construction law. The goal of this thesis is to analyze the system of spatial regulation, to describe it's position within construction law and to help the reader to navigate himself through this system. Spatial regulation is a segment of construction law meant to preserve sustainable development of territories and the balance between private interests of residents and builders and many public interests via limitation of the three-dimensional form of buildings or via implementing other related demands towards the builders. The thesis would describe tools of territorial planning and the outcoming spatial regulations and the technical terminology used in the field of spatial regulation. Based on some practical examples shown in the thesis, the reader should be able to recognize, how small and big cities use a very different approach in terms of territorial planning and spatial regulation. The thesis would describe some specifics of the capital city Prague, since this difference can be seen with the most intensity. Within six chapters, this thesis would introduce the definition of spatial regulation and it's legal base in the construction...
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Administrative Proceedings in the Field of Real Estate Cadastre
Müller, Tomáš ; Kopecký, Martin (advisor) ; Staša, Josef (referee)
This thesis deals with current legal regulations of administrative proceedings in the field of real estate cadastre. First, it outlines the historical context of the real estate cadastre. It also deals with the structure of administrative bodies operating in the field of real estate cadastre. Furthermore, it outlines some important principles related to the real estate cadastre. The main emphasis is placed on the administrative proceedings of registering a real property title in the real estate cadastre, while also describing the possibilities of legal defence against the decision of the cadastral office. Finally, the thesis discusses two additional types of cadastral entries apart from title registration, which are known as notation and entry.
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Building as a cultural monument
Vrtělová Vladařová, Anna ; Staša, Josef (advisor) ; Rajchl, Jiří (referee)
Building as a cultural monument Abstract The intention of the thesis is to try to define the building as a cultural monument from the beginning of the monument protection, before its duration, until its termination. The thesis also deals with the relations between the authorities operating in the field of monument protection. The analysis of the topic is based mainly on the legislation in force, commentaries on the legislation and case law. The graduate also included real cases in the work, which serve to better understand the issue. Monuments, specifically buildings, are an integral part of the life of every individual in a given society. It is fortunate that the Czech Republic is blessed with many buildings that are considered cultural monuments because they contain both architectural and historical values from the past. The topic is still topical because, despite many efforts to change it, the law on monuments from the 1980s is still in force and can no longer correspond to the requirements of a democratic society. The thesis is divided into seven chapters. The first chapter deals mainly with an introduction to legal terms, their incorporation in legislation and subsequent legislation. The second chapter is left to the authorities active in the field of heritage conservation, their powers and relations,...
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Setting of Judicial Review in Administrative Matters
Cach, Zdeněk ; Staša, Josef (advisor) ; Rajchl, Jiří (referee)
Setting of Judicial Review in Administrative Matters Abstract The thesis deals with selected types of lawsuits, which are the most common. These three main lawsuits are a lawsuit against an administrative decision, a lawsuit against inactivity and a lawsuit against unlawful interference. The thesis deals primarily with the current problem, that in some cases it is not certain what form of administrative action or inactivity the addressees of legal norms should defend themselves against. This is connected with the question of drawing the line between the different types of lawsuits. Although most of the actions of administrative bodies can be easily classified under a clear form of public administrative activities or inactivity, there are also cases in which this classification causes difficulties not only for the addressees of legal norms but also for the courts themselves. The thesis consists of three main chapters, an introduction and a conclusion. The first chapter provides a description of the current situation, which is characterised by a plurality of types of lawsuits. In the first place, the thesis describes a lawsuit against an administrative decision, which is considered to be the main type of lawsuit. It also discusses selected issues concerning the relation between a lawsuit against unlawful...
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Legal Regulation of eGovernment in the Czech Republic
Nešpor, Jan ; Staša, Josef (advisor) ; Korbel, František (referee)
1 Abstract Legal Regulation of eGovernment in the Czech Republic The diploma thesis deals with the legal regulation of the Czech eGovernment, i.e. with the regulation of the selected public administration services provided while using information and communication technologies and with the regulation of digitalization of public administration. In addition to the Czech legal regulation, the focus is also on the legal regulation in selected European countries and the "supranational" approach of the European Union towards digitalization. The thesis aims to introduce the phenomenon of eGovernment briefly and to analyse the legal regulations that form the legal framework of eGovernment in the Czech Republic and abroad. On this basis, I examine the hypothesis confirming the existence of eGovernment law as a specific branch of law. Using the method of doctrinal and qualitative analysis, I examine individual eGovernment- related legislation in the Czech Republic in Chapter two and in the selected European countries and the European Union in Chapter three. In the same chapter, I then compare the individual legal regulations based on predefined criteria. The obtained information is then synthesized in Chapter fourth into a unified whole, which from my point of view, confirms the hypothesis. With the help of the...
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Medical devices regulatory framework
Honegr, Jan ; Staša, Josef (advisor) ; Vedral, Josef (referee)
Charles University in Prague, Faculty of Law Department of Administrative law Candidate: PharmDr. Jan Honegr, Ph.D. Supervisor: JUDr. Ing. Josef Staša, CSc. Title of diploma thesis: Medical devices regulatory framework The subject of this diploma thesis is the regulatory framework for the so-called "general" medical devices with a slight overlap in the field of in-vitro medical devices. The presented work aims to describe the impact of the planned change in the regulatory framework for medical devices on economic operators in the field of production and distribution of medical devices in the Czech Republic. In this work I gradually deal with the historical development of the regulatory framework for goods in the European Communities and subsequently the European Union and the specific regulation of for medical devices. I deal in detail with the multilevel regulatory framework and the relationships between its components. I focus in more detail on the key change in the regulatory framework, which is represented by the hitherto ineffective EU Medical Devices Regulation 2017/745 and government bills to prepare the Czech legal system for the adoption of this directly effective European Union legislation. The main parts of the work are chapters 5 and 6 in which, I deal with the potential impacts of the...
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