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Fine and other penalties for administrative transgressions
Špotová, Jana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The topic of this thesis is fine and other penalties for administrative transgressions. The thesis deals mainly with various types of sanctions which can be imposed for committing an administrative delict, as well as with facts that have to be considered while imposing a sanction. The first chapter deals with theoretical aspects of the topic, namely with legal liability, definition of the term sanction, the characteristics of administrative punishment as well as the functions of punishment. The second chapter focuses on the basic conditions and rules for sanctioning the administrative delicts. The chapter deals with legislation of sanctions, the rules for sanctioning administrative delicts in terms of time applicability and also with the current system of sanctions. A part of this chapter is dedicated to releasing from imposing a sanction as a possibility of dealing with administrative delicts without the need to impose a penalty. The third chapter contains an analysis of particular types of sanctions. Each sanction is analysed in terms of its nature and purpose, the conditions for imposing them as well as their effectiveness. The fourth chapter pays attention to the comprehensive topic of determination of the type and rate of a sanction. The first part of this chapter provides the description of the...
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Measure of a general nature
Schagerer, Milan ; Staša, Josef (advisor) ; Prášková, Helena (referee)
55 Summary of thesis - Measures of a general scope This thesis deals with the brand new tool in Czech administrative law, "opatření obecné povahy". Although the term is not used in English, it can be translated as "measures of a general scope". It was incorporated into Czech law in 2005, after hasty and not very well prepared procedure. It was electronic communication act, that brought this institute into the life in 2005. This has been subject of criticism until these days. The main reason is that it overtook general legislation incorporated in the Code of administrative procedure. In other foreign countries, the most often use for this institute is in traffic signs. It is simple and very well understandable thing, which helps authorities to know and learn how to use measures of a general scope. In our country, the first act that used it, was the one dealing with one of the most complex systems - telecommunications. As it is described in this thesis, it wasn't understood by authorities at all. Courts are dealing with cases in which measures of a general scope are used as acts or decisions, not as hybrids as which they were developed (in one case, it was even used as instruction for towing a car parking in the wrong spot). In general, measure of a general scope stays between regulations as general acts, and...
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Sanctions for administrative delicts and protective measures
Moravec, Ondřej ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This thesis deals with sanctions and protective measures. The thesis primarily discusses types of sanctions and protective measures that may be imposed for administrative delicts; it also addresses circumstances to be considered in imposing sanctions. The goal of this paper is to provide a comprehensive review of the current law of sanctions and protective measures concerning administrative delicts. Various legal and practical problems and inadequately solved questions surrounding the imposition of sanctions are emphasized. Parts of the thesis, especially its conclusion, address a reform of administrative punishment and future legislative measures regarding this important function of organs of public administration. Chapter I focuses on sanctions for violations. The introduction to this chapter is rather theoretical and is devoted to definitions of basic concepts of administrative penalization. This part further defines the terms of "sanction" and "administrative punishment". The conclusion of this chapter then analyzes the purpose of sanctions and includes their list and a summary of past legal enactments. The second part of Chapter I contains an analysis of types of sanctions governed by the current statute of administrative delicts as well as other statutes. This part describes a reprimand, fine,...
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Sanctions for administrative delicts and protective measures
Rejdová, Kateřina ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The thesis, the topic of which is "Sanctions and protective treatment measures" provides an insight into the matter of very narrowly specified branch of administration criminal law as a sub-branch of the administration law, which is traditionally categorized as general administration law. The topic is not elaborated on in its entirety due to a large number of regulations on penalisation in administrative law, the thesis offers a general overview of the sanctions that can be imposed if an offence against administration law has been committed. The overview has been narrowed down to provisions regulating certain specifics of the sanctions. Chapter One is dedicated to penalization in administration criminal law in general. In addition to a brief summary of penalization in administration law and presenting the variations in penalization in administration criminal law and in criminal law principles ruling administration criminal law penalization are being elaborated on based on their evolution in court decision making, the influence of criminal law and also the influence of respective Council of Europe regulations; characteristics of the basic elements of the liability in administration law and the history of penalization of offences in our country are then being introduced. Chapter Two focuses on the key word of...
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Rulemaking by territorial self governing units
Vondra, Adam ; Prášková, Helena (advisor) ; Svoboda, Petr (referee)
1 Legislation of territorial self-governing units Abstract Theme of this thesis is legislation of territorial self-governing units in the Czech republic, ie generally binding ordinances in accordance with the provisions of Article 104 para. 3 of the Constitution and regulations pursuant to Article 79 para. 3 of the Constitution. The process of their creation from the beginning to the possibility of annulment by the Constitutional Court is gradually analyzed with a warning of possible problems in individual parts. This thesis is divided into four thematic chapters and within them into subchapters devoted to individual points. In the first part of this thesis I deal with the definition and explanation of important basic concepts that often appear in this thesis and are related to the topic of the thesis. These include defining the terms generally binding ordinances and regulation, as well as describing the difference between them. Furthermore, the definition of self-government, the definition of competences and legislation, as these are essential for the whole thesis. The following two chapters deal in more detail with the norm-setting of territorial self-governing units, which is gradually analyzed in them from the basic definition, through design, issue to supervision and the subsequent possibility of...
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Participants in misdemeanor proceedings and their rights in application practice
Šimon, Josef ; Prášková, Helena (advisor) ; Petrmichl, Václav (referee)
Participants in misdemeanor proceedings and their rights in application practice Abstract Misdemeanor proceedings are an administrative procedure of public authorities (administrative bodies). Through which, part of the criminal policy of states is implemented. Its main task is to hold the perpetrator liable for their wrongdoing and to protect society from less serious acts - misdemeanors. In essence, it is similar to criminal proceedings, whose objective differs only in that it protects society from more serious acts. It follows from this definition, that the misdemeanor proceedings should not differ significantly from the procedural guarantees observed in criminal proceedings. Procedural guarantees of criminal proceedings are provided through the rights of accused persons. The subject of this paper is the analysis of procedural rights, especially of those accused of a misdemeanor, but also other participants in the proceedings on the misdemeanor. Emphasis is placed on the content of these rights and the possibility of exercising them towards administrative authorities. To this end, the thesis examines the decision-making practice of supreme courts (European Court of Human Rights, Constitutional Court, Supreme Administrative Court), as well as administrative bodies in the field of administrative criminal...
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Inaction in Proceedings before the Administrative Authorities
Adamec, Martin ; Prášková, Helena (advisor) ; Pítrová, Lenka (referee) ; Malast, Jan (referee)
Inaction in Proceedings before the Administrative Authorities - abstract The dissertation thesis deals with the issue of inactivity of administrative authorities in proceedings before them, which from the point of view of legal doctrine and application practice represents the most widespread form of inactivity in public administration. It can be considered as one of the most serious negative phenomena in public administration and its execution. Public administration is primarily seen as an executive (active) activity aimed at fulfilling its tasks set by or based on the legal order and carried out within its limits. As a rule, both legislation and scholarly literature contain material concerning public administration activities and their forms. The issue of inactivity often remains neglected, while in application practice it is a relatively common undesirable phenomenon, which the addressees of public administration encounter relatively often. The dissertation thus represents another source of reflection on this topic. The author interconnected two levels - theoretical and application, which allowed him to examine the issue of inactivity of administrative bodies in a broader context. There are often fundamental differences in approaches to legal doctrine and practice, but there is no reason to always have...
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Liability of natural persons for administrative infractions
Mattauchová, Marie ; Prášková, Helena (advisor) ; Petrmichl, Václav (referee)
The topic of the submitted diploma thesis is the liability of natural persons for administrative delicts as one of the traditional subjects of administrative criminal law. Given that liability of natural persons for administrative delicts is based on the same concept as the previous legislation, even after the adoption of Act No. 250/2016 Coll., On Liability for Administrative Delicts and Proceedings, the author of this work chose only some previously unknown institutes and the problems associated with them. Specifically, the author focused on the analysis of the current legal regulation of complicity, indirect perpetration and participation, and especially on the differences compared to their regulation in substantive criminal law. However, in order to give the treatise on the relevant institutes the form of a more complex whole, the author decided to place this legal analysis in the context of a more general issue - the position of a natural person as the perpetrator of an administrative delict. The structure of the thesis is based in three basic chapters. The first chapter deals with the very basis of this legal responsibility, i.e., the concept of an administrative delict and a brief description of its conceptual features. The second chapter focuses on the very subject of this work, namely on...
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First instance proceedings on administrative infrantions of legal entities
Bubelíny Černá, Barbora ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
1 Proceeding on administrative offences of legal persons in first instance Abstract: The administrative law represents wide and significantly fragmented area of the law system. There is no doubt the part of administrative law are also rules of administrative punishment including the corresponding procedural regulation. This thesis provides the basic analyses of selected aspects of the legal regulation of the proceeding on administrative offences of legal persons in first instance affective in Czech Republic. The basic source of law in this area is Act no. 250/2016 Coll., on the responsibility for administrative offences and on procedure on it, as amended (in this thesis also referred only as "act on administrative offences"). However, that act is not the only on regulation governing the proceeding on administrative offences. The special partial regulation of proceeding on administrative offences may be basically found in all acts within the area of administrative law which rule the administrative offences. This shall be not considered as exclusive mark of administrative law. The fragmentation, however not so significant is also present in the criminal law. Under the section 5 of the act on administrative offences as the administrative offence shall be understood socially harmful unlawful act which is as...
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