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Delictual liability of legal entities and individuals undertaking business within environmental protection
Timková, Lucia ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
This rigorous thesis deals with delictual lialibility of individuals undertaking business and legal entities within environmental protection. Under delictual liability we mean certain secondary liability to suffer the consequences of one's actions which arises in case of a violation of certain primary liability, usually set by a legal norm. Within the protection of environment, we encounter the term ecological-legal liability. Delictual liability can be specified as liability within administrative and criminal law, accompanied by environmental liability. There is no unified amendment for the first one within environmental protection and particular actus reus of regulatory offence can be therefore found in particular component laws. Administrative delicts of legal entities and individuals undertaking business then form an independent part of law and they are punished more severly than deliquencies of individuals. As far as criminal liability is concerned, its amendement is incorporated into the criminal code. Also, the criminal liability law for legal entities came into effect in 2012. The thesis also comprises the comparison with the Slovak legislation.
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Groundwater protection legislation
Rybka, Jakub ; Sobotka, Michal (advisor) ; Franková, Martina (referee)
Groundwater Protection Legislation The theme of this thesis is the issue of legislation of protection of groundwater in the context of Czech and European legislation. At the outset, this work deals with the historical development of the legislation concerning the protection of waters in the Czech Republic and the legal nature of water to which they relate and adjustment of their property. The main emphasis of this work is put on administrative-legal, conceptual and economic tools for protecting groundwater and deals also with the Water Framework Directive, which is the main regulation of the European Union in this area. Also presented are the main changes proposed by the amendment to the Water Act. This study thus provides an overview of current legislation on protection of groundwater, its evaluation and is concluded with author's forecast for world development in this area in the 21st century.
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Environmental protection through integrated permitting
Chudoba, Petr ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
The introduction of an IPPC proceedings into Czech law has been executed through implementation of requirements of Directives enacted at the level of European Communities and subsequently at the level of European Union and Czech republic was obliged to implement the content of the Directives by being a member state of those international organizations. During the IPPC proceedings of application for an integrated permit the participants and other subjects who can express their statement on the application a chance to influence the final content of an integrated permit. This influence subsequently might change the conditions of operation of large industrial and agricultural compounds and the emission limits binding for the operator of such compounds. This thesis focuses on an evaluation of possibilities to protect the environment through IPPC during the proceedings of application for an integrated permit, through managing the way of establishing the emission limits within the obligatory conditions of operation and through an influence of preceding proceeding and subsequent proceedings, which are part of allowing the intended activity of the operator.
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Criminal liability in the area of environmental protection
Novotná, Barbora ; Sobotka, Michal (referee) ; Humlíčková, Petra (referee)
141 Abstract The topic of this thesis is criminal liability within the environmental protection. Introductory chapters are devoted to the definition of basic concepts of the whole matter (environment, environmental protection, criminal liability etc.) and kinds of legal liability in the field of environmental protection. Another chapter deals with international and EU aspects of matter aforesaid. Furthermore, this thesis analyzes the adjustment of criminal liability within the environmental protection in the Czech Republic, at first for natural and consequently for legal persons whose criminal liability has been introduced in the Czech Republic for relatively short period of time. The final chapter is focused on the comparison of Czech and French criminal liability legislation of legal persons in relation to the environment.
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The Czech Environmental Inspectorate
Příhodová, Romana ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
This thesis aims to introduce the Czech Environmental Inspectorate as a specialized body of the state administration with a state-wide authority which is subordinated to the Ministry of the Environment. The objective of the Inspectorate is particularly to exercise state supervision connected with enforcement of corrective actions and sanctions. The Czech Environmental Inspection was established in 1991 with its original competence in a field of forest protection, as of today it has competences with respect to all environmental components. The merit of this thesis is an analysis of statutory regulations regarding the protection of the environment according to which the Inspectorate exercises its competences and authority. The result of this analysis is definition of the competences of the Inspectorate in individual fields of environment protection. In the thesis I also focus on problematic provisions of particular legal regulations and in final chapter I address also a possibility of reorganisation of the Inspectorate in the future.
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Legal regime of protected areas and protective zones by the water protection
Zíbrt, Daniel ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
84 ABSTRACT This thesis is concerned on the topic "Legal regime of protected areas and protective zones by the water protection." Water like environmental compartment has a key role to the existence of life on Earth. That is the reason for its protection. For achieving this protection could not be protected only this environmental compartment, but it is necessary to focus on other ones, which are related to this protection. The main aim of this thesis is to analyse the situation and the ways of ensuring the territorial water protection, to point out the basic types of them and their similar and different characteristics and provide a comprehensive explication of territorial water protection. For these reasons, the thesis is divided into two parts. The first is dealing with systematization of water protection and water protection relationship as a whole and territorial water protection as one of its important elements. This part is necessary for the orientation and the issue of inclusion territorial water protection to the entire system of water protection. The second part of this thesis at first reflects on the ways of promulgation of types of the territorial water protection and then is directly focused on them. The first type of territorial water protection represents the protected area of natural water...
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Legal issues of limitation of land use in municipal land use plan from the point of view of the environment
Kodetová, Kristýna ; Humlíčková, Petra (advisor) ; Sobotka, Michal (referee)
The aim of this Master Thesis is to introduce the term of the land use limits in context with the urban planning process and protection of environment. The first and second chapter contains of the specification and clarifications of the key terms - land use limits, urban planning process, its instruments, urban planning documentation etc. Third chapter of the Master thesis defines the function and status of the land use limits in the urban planning process. Following chapter which includes the introduction of the individual types of the land use limit including the concrete examples which we can encounter in the urban planning process and which are important for the protection of the environment. The key fifth chapter includes the analysis of the issues of the land use limits classification in the land use plans according to the previous legal regulation and according to the contemporary legal regulation. The explanation of the differences between the municipal land use plan adoption processes follows. In conclusion there is an analysis of the incorrect classification of the land use limits in the land use plans and its consequences. The important part of this analysis is the introduction of case law of the Supreme Administrative Court of the Czech Republic related to this issue (including the case...
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Legal aspects of hierarchy of waste management focusing on the issues of electrical waste
Vajda, Dominik ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
The diploma thesis concerns with the waste hierarchy in respect to the waste electrical and electronic equipment (WEEE). The subject-matter of this thesis is to analyze the legal regulations set forth in both EU and Czech law. The main acts are Directive 2012/19/EU on waste electrical and electronic equipment and the Waste Act No. 185/2001 Coll. The crucial parts of this thesis are the part 3 and 4 focusing on the legal regulation of persons and entities which shall procure the management of WEEE and on life-cycle of the electrical and electronic equipment.
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Legal measures of climate protection
Pieš, Igor ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
Tato diplomová práce se zaměřuje na mezinárodní právní nástroje ochrany klimatu, zejména flexibilní mechanismy v kontextu Kjótského protokolu a Evropský systém pro obchodování s povolenkami na emise ("EU ETS"). První kapitola představuje vědecké teorie zabývající se změnou klimatu. Ve druhé kapitole je shrnut historický vývoj mezinárodní činnosti v oblasti ochrany klimatu. Ve třetí kapitole se nachází analýza principů vztahujících se k ochraně klimatu a úprava flexibilních mechanismů. Následující kapitola analyzuje ochranu klimatu v kontextu EU. Pátá kapitola detailněji analyzuje EU ETS, jeho praktické aspekty a další vývoj. Powered by TCPDF (www.tcpdf.org)
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The Issues of unlisted Sources of Air Pollution according to the new Air Protection Act
Trnková, Zuzana ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
Diploma thesis focuses on air protection, especially on the issues of unlisted sources of air pollution according to the czech Air Protection Act. It aims on small stationary sources of pollution that are subject to a softer regulation then huge polluters. Important group of small stationary sources are boilers used in homes to heat them up. In the case, that the operator of the sources does not fulfil his/her responsabilities according to the Air Protection Act, he/she can cause damage to the environment and endanger neighbours health. But because of the right of privacy it is not possible to control the source. The paper analysis the possibilities to resolve the dilemma between three constitutional rights - right of privacy against right to a favourable environment and right to the protection of health. Powered by TCPDF (www.tcpdf.org)
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