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Environmental legal aspects of climbing
Kyloušková, Nikola ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The presented thesis analyzes legal regulation concerning protection of nature and landscape in relation to climbing in the Czech Republic. The aim of the thesis is to create a comprehensive overview on legal aspects of climbing and its critical analysis. For these reasons the thesis attends to another activity closely connected to climbing which is movement of persons in free nature. Rights of owners of properties as one of the important private law aspects is considered as well. The key part addresses itself to legal regulation of climbing in specially protected areas which are important locations for the subject activity. Conclusions of the thesis are based on not only legislative and regulatory acts, but many administrative decisions and measures of general nature issued by nature conservation authority. The thesis is divided into six thematically intertwined chapters. These chapters pursue a definition of climbing, an identification of reasons for which law regulation is needed and mainly presentation and analysis of legal regulation and legal aspects of climbing including issues of responsibility according to both private and public law. The thesis may serve specialists in the field of law as source of information on the subject activity as well as on partial legal institutes of protection of the...
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The Voluntary Tools of Environmental Protection
Švehlová, Nina ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The diploma thesis is focused on the voluntary tools of environmental protection, those representing a remarkably wide and variable group of tools. The aim of this thesis is to create an integrated and compendious overview of the previously mentioned tools applied not only in the Czech Republic, to outline its basic characteristics, ways of its usage, and its mutual combinations, including the analysis of the legal regulation of the voluntary tools. After the two introductory chapters dedicated to the environmental policy and the system of all tools of environmental protection the following chapter deals with the voluntary tools only, dividing them for the purposes of this diploma thesis into categories of regulatory, informative, and educational tools. Considering the extent of the topic, the author decided on a detailed analysis elaboration of the three chosen tools in the following part of the thesis. In the fourth chapter the diploma theses concentrates on the EMAS according to the Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community Eco-Management and Audit Scheme (EMAS), which is being compared to the second implementation option of Environmental Management System, that is represented by the internationally...
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Municipality and environmental protection from the legal point of view
Světlý, Josef ; Pokorný, Jiří (advisor) ; Franková, Martina (referee)
Municipality and environmental protection from the legal point of view Abstract The main goal of this work is to show the importance of the role of municipalities in the processes of environmental protection. As should be clear from the work, the field of environmental protection has recently undergone quite dynamic development, both in the legislative and case law, and municipalities are forced to respond to this development. The content of the first chapter is the definition of the concept of the environment and the subjective right of natural and legal persons to a favorable environment, especially with regard to the problems that have arisen in connection with the question of whether the subjective right to a favorable environment also belongs to legal persons. Part of the first chapter is also a comparison of the Czech constitutional regulation with the legislatives of some other European democracies, which concludes the success of our constitutional regulation. The second chapter describes municipalities as subjects of state administration, their division and the main purpose of the second chapter is to distinguish between independent and delegated powers. The second chapter also points out the fact that the role of the municipality as a procedural subject is divided into three areas and these areas,...
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Environmental policy instruments in the Czech Republic
Bavšenkov, Sabina ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
Environmental policy instruments in the Czech Republic This thesis deals with environmental policy instruments and related issues. In the introduction I analyze in general what the environment is and what role it plays in our life and its importance for life, then also by short historical excursion and also by the very definition of what is the environment and also the environmental policy itself. A large part is occupied by environmental policy actors that are an integral part of this area, as it would not be possible to carry out environmental policy without them. I divide them into state and non-state, among which the main difference is especially in volunteering. I describe their activities and examples of using individual tools in their performance. An important part is also an insight into the international area in the field of international environmental conferences as well as the European Union action plans. This section presents a brief overview of the development of international conferences on environment and sustainable development. Then, in the European Union, I am analyzing the last seventh action program in detail. Last but not least, it is also the State Environmental Policy of the Czech Republic as an important strategic document defining the further direction of the development of...
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Land Servitudes and Their Recording in the Land Register
Rybář, Robin ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
LAND SERVITUDES AND THEIR RECORDING IN THE LAND REGISTER - ABSTRACT The diploma thesis focuses on land servitudes, a type of property rights that bears the utmost importance. The essence of land servitudes is an obligation of an owner of land to ab- stain from doing something or to tolerate certain activities performed by an owner of other land. Land servitudes are an ancient legal institute dating as far back as the law of Ancient Rome. The essence of the institute has remained the same, but the legislation has undergone several changes over the centuries. Individual aspects of this legal institute are examined in the thesis, starting with the cre- ation of land servitudes, leading on to their content and ending with their extinction. The clas- sification of servitudes as rights in rem is taken into account and the legal consequences of this placements are deduced. Attention is primarily paid to the content and scope of servitudes, to individual means of acquiring a servitude and their creation, to legal relations arising from ser- vitudes, to the protection of servitudes and to the extinction of servitudes. A significant part of the thesis deals with particular types of land servitudes listed by the Civil Code. The subject of land servitudes is completed by the issue of recording land servitudes in the...
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Legal principle of superficies solo cedit and its significance in land law
Humenná, Katarína ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The topic of the diploma thesis is the legal principle superficies solo cedit and its return into the Czech law. The main aim of this thesis was to give a comprehensive view of this issue, especially how the return of the principle has changed land law relations. The first part of the thesis describe the division of the law to private law and public law. The first part is followed by the historical excursion which describes how the principle originated and how and whether it was part of the legal order in the past. The next chapters of the thesis are the main part of the work and describes the principle in todays law. Firstly the incorporation of the principle into the Civil Code is described and then individual paragraphs governing the principle follows. The definition of the basic terms as land, construction and temporary construction which are used by Civil Code but not described in it are the topic of next chapter. Next, relatively extensive chapter named line constructions describes exceptions to the principle. The basic definition of exceptions can be found in the Civil Code but more detailed regulation is contained in public acts, therefore private and public law is intertwined in this area. Easements to real estate, historical development of its legislation and today's legislation in this...
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Legal regulation of special territorial protection of nature and landscape in the Czech Republic
Šílený, Jan ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The topic of this diploma thesis is legal regulation of special territorial protection of nature and landscape in the Czech republic. The diploma thesis focuses itself mainly on the legal regulation of large-scaled specially protected areas, however some room is given also to small-scaled specially protected areas and to Natura 2000 system. This diploma thesis is systematically divided into the introduction, three parts and the conclusion. The main part of this thesis is its second part. The fisrt part deals with the protection of the environment in general and its component protection (air protection, water protection, soil protection, forest protection and protection of nature and landscape), and also defines the most important terms in field of nature and landscape protection. The second part of this diploma thesis in its first chapter deals with the differentiation of the general nature and landscape protection from the special protection of nature and landscape, the division into territorial and species protection and the distinction of large-scaled and small-scaled specially protected areas. The second chapter of this section deals with specially protected areas in the Czech republic and also contains units dedicated to individual specially protected areas (national parks, protected landscape...
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Caves and their legal protection
Chvátalová, Eva ; Franková, Martina (referee)
This diploma thesis aims at Czech legislation related to conservation of caves both in terms of its link to the protection of caves as subterranean spaces and parts of the natural environment and of its relation to other fields of expertise, including legal studies (e.g., mining law) and other disciplines (e.g., geology, carsology). First, our attention is paid to definition of the term "cave" and to links of the term to natural sciences. Further, we analyse the development of legal conservation of caves and approaches to caves as a subject of legislation per se. The example of Slovenia - being a prominent speleological country with recognized legislation in terms of its quality and detail - is used in order to compare Czech approaches to cave conservation. Concerning the practical issues, we present an example of conservation effort devoted to one single cave in Czechia, which enables to describe functioning of legal conservation tools, including the themes where these tools overlap. We also present and discuss the only one Czech case-law dealing with the legal aspect of caves.
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The restriction of real property for the protection of nature and landscape
Bednářová, Blanka ; Damohorský, Milan (referee) ; Franková, Martina (referee)
The aim of the diploma thesis is the analysis of legal instruments regarding the restriction of the ownership of real property arising out of the protection of nature and landscape. This diploma thesis is divided into 7 chapters including the introduction and the conclusion. The second chapter deals with the constitutional origin of the respective legal institutes. The third chapter deals with the conflict of the fundamental rights. The fourth chapter provides for the fundamental institutes, their basic components, and their legal basis in private and public law. The fifth chapter is concerned with the particular restrictions of the ownership of real property as stipulated by relevant legal regulations. This chapter is divided into the analysis of the act no. 114/1992 Coll. in general and the analysis of the general and special protection of nature and Natura 2000 and provides examples of the respective legal institutes. The sixth chapter defines the restriction of the ownership rights arising out of other acts. The conclusion is concerned with the comparison of the aforementioned legal institutes and the evaluation of the particular features thereof. The conclusion also provides proposals for prospective changes in the relevant legislation.
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