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Liability for damage caused by unlawful activities in administrative procedure
Trejbalová, Eva ; Svoboda, Petr (advisor) ; Rajchl, Jiří (referee)
This thesis is concentrated on the liability for damages caused by unlawful inactivity of the public administrative authority in the administrative process. The thesis is composed of five chapters, each of them dealing with different aspects of this matter. Chapter One is introductory and discusses briefly the historical development of the liability for damages of public administration and describes the sources of law in the Czech law system. Chapter two generally deals with the liability for damages according to Law no. 82/1998, characterizes the forms of the liability of the public administrative authority for damages during the performance of public administration and figured out of subjects of the liability relationship. Chapter three tries to elucidate the tree basic preconditions of the liability for damages creation: the incorrect administrative proces, the material or immaterial damage formation and the casual nexus between them. Chapter four examines the unlawful inactivity as one of the form of the incorrect administrative process. The chapter is subdivided into three parts. Part One describes the protraction in the administrative process. Part Two explains the question of inactivity of the initiating administrative proces ex officio. Part three deals with the influence of the using of...
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Compensation for damage caused by exercise of public authority and public administration
Varmuža, Martin ; Pítrová, Lenka (advisor) ; Svoboda, Petr (referee)
Responsibility for damages caused by the execution of public authority and public administration and compensation for such acts is a surprisingly layered issue. When tackling this, it is vital to start with the general discourse, especially with emphasis on the teleological basis of the issue in the legal system as a whole. Only by working in this manner is it possible to address the current unanswered questions that surpass into legal philosophy - mainly the issue of lawmaker's responsibility for the content of his work. This area, together with a brief historical introduction is part of this thesis to ensure its comprehensiveness. The focus of this text lies in the presentation of the institutes found in the Act no. 82/1998 Sb., about the responsibility for damages caused by the execution of public authority and public administration. This issue is addressed comprehensively during the course of this thesis. I try to tackle the conditions for the invocation of the responsibility clauses, its character and the subjects of the relation among others. I also mention various problematic passages found in the Act and possible ways of improvement.
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Substrate cleavage by mammalian Dicer isoforms
Kubíková, Jana ; Svoboda, Petr (advisor) ; Pospíšek, Martin (referee)
Host organisms evolved antiviral responses, which can recognize the viral infection and deal with it. One of the frequent signs of viral infection in a cell is appearance of double-stranded RNA (dsRNA). One of the pathways responding to dsRNA is RNA interference (RNAi), which functions as the key antiviral defence system in invertebrates and plants. Mammals, however, utilize for antiviral defence a different dsRNA-sensing pathway called the interferon response. RNAi functions only in mammalian oocytes and early embryonal stages although its enzymatic machinery is present in all somatic cells, where it is employed in the microRNA pathway. A previous study indicated that the functionality of RNAi in mouse oocytes functions due to an oocyte-specific isoform of protein Dicer (DicerO ), which is truncated at the N-terminus. In my thesis, I aimed to assess whether DicerO processes RNAi substrates more efficiently in vitro than the full-length Dicer (DicerS ), which is found in somatic cells. Therefore, I developed Dicer purification protocol for obtaining both recombinant mouse Dicer isoforms of high purity. I examined their activity in a non-radioactive cleavage assay using RNA substrates with structural features characteristic of RNAi substrates. My results suggest that recombinant DicerO and DicerS do not...
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The powers of municipalities and regions
Konradová, Jana ; Kopecký, Martin (advisor) ; Svoboda, Petr (referee)
1 Resume The thesis is divided into two large units, on a theoretical and practical part. Follow the practical part of the work is to be divided on an assessment of selected aspects that are covered by municipal and provincial governments at the European level and in this context, then followed by a separate section on comparative evaluation of the scope of local government in selected European countries. I will focus first on the theoretical part. The issue of regions and municipalities evaluate first in the context of Czech legislation and then subsequently focus on each selected legislation relating to European legislation related to issues of regions and municipalities. Choice of thesis topic was selected based on an appropriate combination of administrative law issues and focus on the broader context of legislation within the EU, which focuses mainly practical part. With regard to the comparison of the Czech legislation and issues of European legislation, so we can get a rich variety of assumptions and considerations, which could be formulated in the context of the considerations de lege fedenda at the level of regions and municipalities. The main concept of the theoretical part is the local authority. Can we talk about the fact that public administration is carried out at its lowest possible level,...
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Equal access to education, its legal framework and protection
Frýbová, Alice ; Staša, Josef (advisor) ; Svoboda, Petr (referee)
Equal access to education, its legal framework and protection Key words: equal access to education, primary school, inclusive education, discrimination Right to equal access to education is the topic of the diploma thesis of the author. Its aim is to analyze some of the problems of the equal access to education with respect to the primary education. The diploma thesis is divided into five chapters. First chapter is introductory and it describes selected problematics of the primary education in the Czech Republic. In the second chapter the concept and conception of equality and discrimination are examined. Third chapter contains regulation of the Czech primary education. The author tries to analyze the Czech primary education, especially pros and contras of its structure. Next she describes the evolution of the primary education with respect to the new regulation, effective from 1.9.2016. In the fourth chapter the author describes some of the aspects of the entrance proceedings; she especially focuses on the entrance criteria. Fifth chapter is devoted to the possible remedies in administrative proceedings, administrative court proceedings and civil proceedings. It refers to some processual aspects, which can be problematic. In the last chapter the author summarizes her conclusions. To sum it up...
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Service of documents in administrative proceedings, recent issues and case law
Drábková, Tereza ; Handrlica, Jakub (referee) ; Svoboda, Petr (referee)
V ANGLICKÉM JAZYCE The thesis focuses on service of documents in administrative proceedings, especially with regard to recent issues related to the above mention institute. The aim of the thesis is not only comprehensive characterization of the service of documents in administrative proceedings, but also description of the main problems of the institute, the author attempts to outline the future evolution and to compare a national and union legal systems in relation to the service of documents in legal operations with administrative bodies. The main part of the thesis analyse electronic form of the service of documents, which has started to prevail on the documentary form of the service of documents, because of an introduction of the electronic processes in the public administration. The thesis defines used terminology, which relates to the service of documents, deals with the constitutional framework, describes defects that may occur during the service of documents in legal proceedings, their causes and possible solutions. In the part dedicated to the electronic form of the service of documents in the Czech Republic is dedicated a considerable attention to an information system of data boxes. Czech courts concerns ourselves with use of data boxes and for that reason some of the judicial decisions...
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Legal Aspects of the Price Regulation in Electricity and Gas Sectors
Osadská, Jana ; Handrlica, Jakub (advisor) ; Svoboda, Petr (referee)
Legal Aspects of Price Regulation in Electricity and Gas Sector The aim of the thesis is to provide a legal analysis of contemporary price regulation in electricity and gas sector in the Czech Republic. Under the current legal framework of Third Energy Package and the national pricing and energy legislation, the price regulation is most commonly used for natural monopolies which are in in electricity and gas sector represented by the operators of the transmission and distribution systems. From the material aspects, the regulated prices shall cover the economically justified costs to ensure safe and efficient performance of licensed activities, as well as depreciation and reasonable profit to ensure return on investments. From a formal point of view, the administrative acts of price regulation are, in accordance with contemporary case law, considered as normative administrative acts. Nevertheless, the thesis is also considering the other forms of administrative action for the performance of price regulation and the possible review of administrative acts of price regulation.
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Legal status of neighbours in the procedures under the Building Act
Šanovec, Přemysl ; Svoboda, Petr (advisor) ; Rajchl, Jiří (referee)
The main aim of the thesis is to provide explanation of the legal status of the neighbours in the procedures under the Building Act while working with the contemporary literature and the established practice of the courts. The first part of the thesis is devoted to a description of basic concepts. The first chapter explains the concept of structure and plot. The second chapter is describing the concept of neighbour and the evolution of the concept in detail to provide the best means of understanding the possible problems of the concept's interpretations. The final chapter of the first part explores the means of neighbour's defence against interferences of his rights connected with his real estate with special attention to the essentials of objections, as these are the main mean of said defence, while the factual content of the objections is explained in later chapters within the boundaries of individual procedures. The second part is divided into four chapters each dedicated to a certain field of procedures under the Building Act while focusing the neighbour's point of view. The first chapter describes the application for a planning permission procedure and its alternatives: the public law contract, the simplified procedure and the planning consent. The second chapter follows on with the building...
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Modulatory effect of monovalent ions on δ-opioid receptors
Vošahlíková, Miroslava ; Svoboda, Petr (advisor) ; Jakubík, Jan (referee) ; Kršiak, Miloslav (referee)
The exact role of opioid receptors in drug addiction and modulatory mechanism of action of monovalent cations on these receptors are still not fully understood. Our results support the view that the mechanism of addiction to morphine is primarily based on desensitization of μ- and δ-opioid receptors. Desenzitization of agonist response proceeds already at the level of G protein functional activity. Long-term exposure of rats to morphine resulted in increase of number of δ-opioid receptors and change of their sensitivity to sodium ions. Analysis of the effect of different monovalent ions on agonist binding in δ-OR- Gi1α (Cys351 -Ile351 )-HEK293 cell line confirmed the preferential sensitivity of δ-opioid receptor to sodium ions. We have distinguished the high- and low-affinity Na+ sites. Biophysical analysis of interaction of lithium, sodium, potassium and cesium ions with plasma membranes isolated from HEK293 cells with the help of fluorescent probes indicated that monovalent ions interact, in low-affinity manner, with the polar, membrane-water interface of membrane bilayer. Key words: morphine, forebrain cortex, opioid receptors, G proteins, monovalent ions, plasma membrane, fluorescence spectroscopy.
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