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Legal regulation of the public library system
Koubová, Blanka ; Vopálka, Vladimír (advisor) ; Millerová, Ivana (referee)
Legal regulation of public librarianship Abstract: This diploma thesis focuses on legal regulation of public librarianship. It is divided into two main parts. Part I deals with the actual state of legal regulation in this field. It presents an overview, a detailed analysis and evaluation of all librarianship-related legislation. Following chapters are dedicated to copyright aspects of library services, personal data protection and the institute of obligatory copy. This first part concludes with suggestions where and how the current regulation could be improved. Part II brings historical comparison of three library acts. Czech librarianship was from the very beginning of the existence of independent Czechoslovakia influenced by special legal regulations - library legislation. Fundamental directives, which were adopted in the course of approx. 80 years [Law No. 430/1919 Coll. - The General Public Libraries Act, Law No. 53/1959 Coll. - the Unified System of Libraries Act (Librarian Act) and Law No. 257/2001 Coll., on Libraries and Terms of Operating Public Library and Information Services (Library Act)] were very dissimilar; each addressed the issue differently and from a different perspective depending on the political and social situation of the time. The circumstances under which the particular laws were...
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Consequences of a breach of duties by participants in highway traffic
Uhlířová, Daniela ; Prášková, Helena (advisor) ; Vopálka, Vladimír (referee)
Resumé This thesis deals with legal consequence of road users who violate their duties in road traffic. Intensity of road traffic permanently increases. Almost everyone participates in the road traffic day by day. Among the participants occur many dangerous and egoistic individuals, who do not observe the road traffic regulations. Theirs irresponsible behaviour often results in car accidents and damage to person and property. One of means to improvement of the road safety is efficient punishment of driving offences. I have divided my thesis into introduction, five chapters and conclusion. The introduction briefly introduces the problematic. In the second chapter I have paid attention to definition of terms "road user", "duties of road users in traffic" and "legal consequence of violation the duty". In the third chapter I have dealed with driving offences. Offence is one of the administrative torts, which is defined by Offence Act no. 200/1990 Coll. It is unlawful action which violates or endangers protected interests of society. Driving offences violate or endanger safety and fluency of the road traffic. Merits of the driving offences are defined not only by Road Safety Act no. 361/2000 Coll, but also by Act no. 13/1997 Coll. and Act no.56/2001 Coll. Second chapter consist of four part. In firts part I have...
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Proceedings for the granting of international protection
Mašková, Barbora ; Vopálka, Vladimír (advisor) ; Prášková, Helena (referee)
The thesis deals with procedure of asylum and additional protection granting in the Czech Republic. The thesis focuses on characteristic features of the process; primarily the proceeding the application of protection and asylum granting by official authorities. To a certain extent, the thesis copes with substantive law; it defines terms of refugee and asylum law. It enumerates and characterizes the mentioned terms in connection with the process of the asylum and protection granting in the Czech Republic. Impact of the European Union law on the Czech internal law is also discussed.
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Measures of a general nature
Hála, Ondřej ; Vopálka, Vladimír (advisor) ; Staša, Josef (referee)
This thesis deals with the institute of Administrative Law called "measure of a general scope". It is a form of administrative activity, the general rules of which were adopted by Act No. 500/2004 Coll., The Administrative Code effective from 1. 1. 2006. During vacatio legis of The Administrative Code, the Act No. 127/2005 Coll., The Electronic Communication Act came into force. It was the first act, which empowered the administrative bodies to issue an act in the form of measure of general scope. The aim of the thesis is to clarify the position of other administrative measures and acts, to assess relevant legislation, to analyze case law, to draw attention to problematic areas and suggest possible solutions. The first chapter deals with the theory of abstract and concrete acts. This is necessary to understand the nature of measures of a general scope as an act that stands between laws and decisions. The second chapter is devoted to the nature of measures of a general scope in Czech law. The institute itself was adopted imperfectly and inconsistently by a negative definition. Therefore, the Supreme Administrative Court had to deal with the character of measures of a general scope. Nowadays, case law and jurisprudence agree on the definition of measures. There is a discrepancy, however, regarding...
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Architectural competitions under the Public Procurement Code
Csorba, Csaba ; Vopálka, Vladimír (advisor) ; Kopecký, Martin (referee)
in english This thesis is dealing with architectural competitions under the Public Procurement Code, which still are not in the spotlight of the exsperts, media and the wider public. This fact is understandable, given the disproportion of the number of organised competitions and public tenders, however it causes a much higher number of insufficiently discussed or undiscussed questions than in any other branch of law. These problems, together with the compatibility of the Public Procurement Code and the Articles of the Czech Chamber of Architects, are the the primary subject of the thesis, anyway it also gives an instruction on organising a competition from the very beginning. In the summary an outlook of some alternative solutions of a problem explicitly undefined by the Code is given, while these solutions also demonstrate its formal defects and inflexibility in various situations.
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Generally binding by laws of municipalities
Letochová, Barbora ; Vopálka, Vladimír (advisor) ; Svoboda, Petr (referee)
The Summary Generally Binding Ordinances of the Municipalities This thesis deals with generally binding ordinances of the municipalities. Generally binding ordinances of municipalities are legal regulations containing legal rules, that are creates by municipal council. The competence of municipal councils to pass generally binding ordinances of municipalities is guaranteed by the Constitution of the Czech Republic- Article 104 Paragraph 3 of Constitution of the Czech Republic. This thesis is focused on the phases of life of generally binding ordinances of the municipalities. Thesis is divided into four chapters according to these phases of life of generally binding ordinances of the municipalities. The first chapter is called Passing of generally binding ordinances of the municipalities. This chapter describes complicated process of law creation in the form of municipal legal regulations, from preparing a proposal of a generally binding ordinance of municipality to its becoming effective. The second chapter, called Implemantation of generally binding ordinances of municipalities, deals with implementation of these municipal legal regulations and especially it is focused on sanction of infringement of generally binding ordinances. The third part of thesis, called Supervision over the issuing and content of...
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Legal and internal regulations in Czech armed forces
Nový, Dalibor ; Mikule, Leoš (advisor) ; Vopálka, Vladimír (referee) ; Svoboda, Ivo (referee)
This work entitled "Legal and internal regulations in Czech armed forces" endeavours to tackle the relation between legal and internal regulations in public administration focusing on their hierarchy, quantity, liability in specific area of armed forces. At first sight military service is independent on legal code, because there is wide range and amount of relatively autonomous service regulations and official channels. Career soldiers and civil employees have to obey not only the texts of legislation composed of laws, govermental directions etc., but also must maintain discipline and work rules founded on internal orders, guidelines and advices. All commanders and managers as military superiors are obliged to enforce their authority through this regulations. Relation between legal and internal level is not clear. There are many doubts and questions based on facts regarding for instance these features and issues of any internal system of rules: delegation of authority to creation and publishing; verification of compatibility and harmony with legal framework; persistence, integrity, perpetual modifications and amendments.
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Administrative Detention of Foreigners
Zelenková, Adéla ; Vopálka, Vladimír (advisor) ; Pomahač, Richard (referee)
of the thesis This thesis deals with the institute of administrative detention according to the Czech legal system. The term administrative detention is used to designate deprivations of liberty under administrative law for the reasons that are directly linked to the immigration policies of the state. In the context of migration law the detention may be basically used for two purposes. First purpose is to ensure the realization of administrative deportation of the foreigner. Second purpose is to prevent the foreigner from an unauthorized entry into the country. Both irregular migrants and asylum seekers fall under the scope of this work. Although different norms are applicable to each of these categories, both of them are subject to detention on the same ground - the lack of state authorization for their presence on national territory. The purpose of this paper is to detail the legal framework with which deprivation of liberty of migrants must comply in particular for what concerns the fundamental principle of international law that no one should be subjected to arbitrary detention. International human rights norms, principles and standards define the content of that principle. Such norms, principles and standards apply both to criminal and administrative proceedings including migrants and asylum...
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