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Proceeding of Action against Decision of Administrative Authority
Kozelka, Pavel ; Prášková, Helena (advisor) ; Mates, Pavel (referee) ; Staša, Josef (referee)
Proceeding of Action against Decision of Administrative Authority Abstract The subject-matter of this dissertation thesis is the analysis of the legislation providing protection to public subjective rights in proceeding of action against the decision of an administrative body defined in Code of Administrative Justice, and assessment as to whether the protection provided to public subjective rights by the legislation is sufficient, including certain recommendations of possible changes. The basic method applied consists of the logical methods in combination with the normative approach, involving a detailed analysis and synthesis of the existing legislation and empirical examination of the offered protection in the problem areas on the basis of past judicial proceedings and also comparison of the discussed concepts with foreign legal regulations. The first model was the "traditional" German administrative justice legislation, which is the legislator's usual source of inspiration. In relation to this issue, one must not also disregard the newly adopted legislation on administrative justice in Slovakia. Even though stemming from the historical roots of the judiciary of the First Czechoslovak Republic, the Slovak approach to a number of concepts is different. The administrative justice system by far exceeds the...
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The prohibition of the reformationis in peius in administrative criminal law
Mrázková, Tereza ; Prášková, Helena (advisor) ; Svoboda, Petr (referee)
This master's thesis deals with the modern development of the prohibition of reformationis in peius principle in the area of administrative punitive law, in particular in the area of administrative offenses. Although Act No. 250/2016 Coll. has removed the undesirable and criticized "double-track" application of the prohibition of reformatio in peius in the area of administrative punitive law, other difficulties related to the principle in question have not completely disappeared; on the contrary, new legislation has made the situation more difficult in some respect. The main aim of the thesis is to critically analyse this principle in light of the new Act No. 250/2016 Coll. and to assess the impact of the new Act on the administrative practice. The thesis is systematically divided into seven chapters. The first chapter explains general theoretical questions related to the principle in question. The following section describes its constitutional and international basis. The third chapter thoroughly examines the modern development of this principle in the Czech Republic. The content and scope of the prohibition of reformatio in peius in proceedings under Act No. 200/1990 Coll. And in proceedings under Act No. 500/2004 Coll. are being analysed with regard to the conclusions provided by legal academia...
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Administrative penalties for administrative delicts and protective treatment measures
Čvančara, Michal ; Prášková, Helena (advisor) ; Rajchl, Jiří (referee)
1 Abstract - Administrative penalties and protection measures Description of all administrative penalties and protection measures is the primary goal of this thesis. Due to wide extent of chosen subject, this work aims to individual categories of administrative penalties and protection measures, examines every single condition for its imposition a notices possible contradiction within legislation. The thesis does not include the criteria for imposing penalties, noticed set from section 37 till section 44 Contraventions Act which serve as instruments for determination and length of penalties. Concurrence of contraventions is also not included. In the opening chapter the definition and description of an administrative liability is described as well as basic issues of administrative penalization, considered to be a part of administrative authority's activity. The resemblance of principles of criminal and contravention law is described, that leads to using the same principles either in criminal and contravention law. There's explored what basic sources of administrative penalization are. Each of following chapters describes one of the penalties set in section 35 Contravention Act. Every chapter begins with general description of the penalty and then depicts its main purpose for which it is imposed. Then...
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Reviewing the decision on an administrative delict
Marková, Monika ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Reviewing the decision on an administrative delict Abstract This diploma thesis deals with the reviewing the decision on an administrative delict, i.e. the reviewing performed by administrative authorities, but also by courts. The objective of this thesis is to define the basic terms and principles used in the reviewing the decisions on an administrative delict, and to further focus on individual means that allow the reviewing the decisions on an administrative delict. These individual means are discussed in the thesis, and there are also outlined their problematic aspects. The partial objective is to think about the current legislation in connection with the matter, whether such amount of various means is needed and whether this purposefully ensures the fulfilment and protection of rights. This thesis is divided into four basic parts. The first chapter is dedicated to sources of legislation and the influence of international and criminal law on the reviewing the decisions on an administrative delict. In the second chapter, there are defined the basic terms of the reviewing the decisions on an administrative delict, and there are further elaborated the principles that manifest themselves in the reviewing the decisions on an administrative delict. The means allowing the reviewing the decisions on an...
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Liability of legal entity for an administrative delict
Kukla, Lukáš ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The topic of this Master's thesis is the liability of legal entities for administrative delicts. With the adoption of the act number 250/2016, on the liability for administrative delicts and the proceedings on them, a legal regulation regulating administrative delicts and misdemeanours was unified under a single category of administrative delicts. This act newly regulates the administrative liability of legal entities. The aim of this thesis is to analyse individual factors of liability of legal entities for administrative delicts. The first chapter outlines the historical development of the administrative liability of legal entities from antiquity to the current legal regulation with a focus on the development of this legislation in our country after the year 1918. The chapter concludes with the reform of administrative punishment. The second chapter offers a brief discussion of the sources of legal regulation of liability for administrative delicts. The third chapter focuses solely on the concept of a legal person from the point of view of the Civil Code and of the term administrative delict, its material and formal aspect. The fourth chapter deals with the basics of liability of a legal entity for a delict. It focuses on the conditions under which a legal entity is the perpetrator of a delict....
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Administrative infractions in fire defence
Trachta, Jan ; Vedral, Josef (advisor) ; Prášková, Helena (referee)
v anglickém jazyce Administrative defenses in the fire protection The aim of this thesis is to evaluate the current state of legal regulation of administrative offences in fire protection. With the new administrative offence law, there have been significant changes in the area of offence law, which bring many complications in the area of fire protection. The term " administrative offence" has been expanded with other significant changes have been made. Administrative offences, which previously could only be committed by natural persons, can also be committed by legal entities and natural business persons. In the first part, the thesis deals with the general principles governing the offence law and with their influence on fire protection offences. These principles are fundamental for the understanding of other offence law instances. The thesis also deals with the development of legislation in the area of fire protection. Currently, the most important laws in this area are the Fire protection law and the Fire rescue brigade law, where all fire protection administrative offences are regulated. However, the Fire protection law has not been amended to this day, therefore it does not respect the new general regulation of administrative offence law, which causes interpretative complications. In the main...
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Regulationship between delicts and criminal offences
Parýzková, Julie ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Relation between Administrative and Criminal Offenses Abstract This thesis deals with the analysis of the relation between two public offenses; administrative offenses as delicts of administrative law to criminal offenses as delicts of criminal law. The thesis introduces the historical development in the Czech lands, illustrating the origin of the division of offenses of public law and its gradual transformation over time. The chapter on history concludes with the description of the models of relation between administrative and criminal offenses which have arisen in civil law over the course of history. It is followed by an analysis of the conceptual features of offenses de lege lata, in which the definition of an administrative offense is compared to the definition of a crime. The main topic of the thesis is the boundary between administrative offenses and criminal offenses, which compares the current legal regulation with the theoretical basis and further analyses the aspects of the division of public-law offenses with the indication of alternative possibilities of this division. The thesis also looks at criminal records and the influence of European Union law in determining the boundary between offenses and crimes. Furthermore, the thesis deals with the comparison of administrative and criminal...
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Development of Administrative Delict Law
Hausman, Jiří ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The topic of this thesis is the development of Infraction Law throughout time. The objective of the thesis is to provide a general outline of when the current Czech Law adopted the legislation for infractions and the form the Infraction Law (both procedural and material) took in its later developmental phases. Another objective of the thesis is to determine what changes have been introduced into the Infraction Law throughout time. The sources I used to prepare this thesis were the relevant legal documents specifying the legal regulations of Infraction Law, the available periodical literature, as well as the judicial decisions issued in this legal area. The thesis is divided into six chapters in total. The first chapter defines two of the basic important concepts. The second chapter provides a chart of the development of Infraction Law since its conception in the year 1787 until the formation of the Czechoslovak Republic in the year 1918. This chapter is further subdivided into three sections. The first section describes Infraction Law during its first developmental phase, which is the time its formation took place. The second section presents a map of the development of Infraction Law in the period between 1803 and 1852. Last but not least, the third section is dedicated to the development of...
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Privilege against self-incrimination of legal entity in administrative proceedings
Švásta, Pavel ; Prášková, Helena (advisor) ; Průcha, Petr (referee) ; Staša, Josef (referee)
This thesis deals with the topic of privilege against self-incrimination of legal entity in administrative proceedings and in offence proceedings. The following reasons led me to the choice of this topic. First of all, it is a multidisciplinary topic involving criminal law, criminal administrative law, constitutional law, and private law, especially the regulation of legal entities. Furthermore, with the exemption of decision-making praxis of courts, and a few academic essays, attention hasn't been paid to this topic in its complexity. For this reason, this topic has offered novelty and the possibility of observing the progressive development of judicature, especially the decision-making praxis of the Supreme Court of the Czech Republic, the Supreme Administrative Court of the Czech Republic as well as the Constitutional Court of the Czech Republic and the European Court of Human Rights. The first part deals with the historical origins of privilege against self-incrimination and development of the criminal proceedings over the centuries. Special attention is paid to the fact, that privilege against self-incrimination was originally part of criminal proceedings until the 12th century, when this privilege was removed from the canon law and replaced with the inquisitional process which was linked with the...
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Decisions of administrative courts concerning actions against the decision of administrative body in cases of administrative delicts
Zíma, Jakub ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
in English Title: Decisions of administrative courts concerning actions against the decision of administrative body in cases of administrative delicts A subject matter of this thesis is analysis of current law and judicial practice in field of review of decisions of administrative bodies in cases of administrative delicts. In introduction of the thesis the author briefly sums up the historical development of the administrative jurisprudence and the influence of international regulation and judicial decisions of the international courts. The author describes and analyzes international requirements on deciding in full jurisdiction and relevant law in the Czech Republic. In this context, the author briefly analyzes the current and relevant law in Germany and Poland. The thesis analyzes whether the Czech law meets the requirements on deciding in full jurisdiction of not. The author describes chosen particularities of law regarding the judicial review of administrative delicts and the influence of judicial decisions upon the limits of the relevant law. The thesis further analyzes judicial decisions and its influence upon possible extension of protection of offender of administrative delict. The author further considers and analyzes court's right to moderate the punishment, its legal scope and possible...
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