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Basic Issues of the Expertising from the Risck Management
Bílková, Zdeňka ; Adamec, Vladimír (referee) ; Telec, Ivo (advisor)
This master´s thesis deals with the identification of risks which affect the operations of experts activities in the Czech Republic. To obtain the necessary information there will be used a questionnaire in which the forensic experts in the field of Economy will be addressed.In the first part of the thesis there are described theoretical recourses which contains the explanation of basic concepts which are connected with identified risks. The second part of the thesis deals with the professional insurance of experts. By the SWOT analysis will be processed each expert knowledge on the topic of “The Basic issues of the expertising from the risk management.“ Finally will be evaluated the current state of expert activities in the Czech Republic and will be suggested possible measures.
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Expert Evidence in Civil Procedure
Procházková, Kateřina ; Zahradníková, Radka (advisor) ; Střeleček, Tomáš (referee)
65 Expert Evidence in Civil Procedure Abstract Expert evidence is an essential part of the civil process. Its purpose is to help the court in resolving a factual question, the answer to which goes beyond ordinary knowledge. The relevance of the topic is given both by the persistent problems in connection with expert evidence, and the new legislation on the expert activities effective from 1 January 2021. The thesis describes some problematic aspects at various stages of expert opinion proving, as problems related to the assignment of the expert opinion (distinguishing between legal and factual questions), the preparation of the opinion itself (especially its insufficient reviewability) and problems related to its evaluation before the court. The objective of the thesis is to define the main problems associated with expert evidence, to evaluate the impact of the new regulation of expert activities on evidence in court proceedings, to assess whether the regulation of provisions § 127 and § 127a of the Civil Procedure Code is satisfactory, and possibly to propose a solution that would be able to eliminate the defined problems. The first part of the thesis includes an introduction to procedural evidence, deals with the role of the expert and expert opinion in civil proceedings and gives an overview of the most...
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Expert in criminal proceedings with a focus on healthcare
Krbcová, Tereza ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
1 Expert in criminal proceedings with a focus on healthcare Abstract The thesis deals with the evaluation of the legal regulation of expert activities in criminal proceedings according to Act No. 254/2019 Coll., on Experts, Expert Offices and Expert Institutes and Act No. 141/1961 Coll., Criminal Procedure Code. It is divided into five chapters, which deal with the history of expert activities, expert, expert opinion, expert evidence, and opinions from the field of healthcare. The first chapter maps the history of expert activities on a global scale and the gradual development of expert activities in our country. The second chapter is devoted to the expert, his status, conditions of practice and his rights and duties. Among the most important rights of an expert is the right to expert fees, which is thoroughly discussed in the thesis. The third chapter deals with the expert opinion, its differences from a professional statement, its form and requirements. A lot of emphasis is placed on the requirements of the expert opinion, and their changes, due to the entry into effect of the new legislation. The third chapter also includes the electronic register of expert opinions, which was created for the purpose of digitisation of public administration and in accordance with enabling the submission of expert...
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Administrative offenses in the field of expert activity
Špačková, Jitka ; Sharp, Vladimír (advisor) ; Staša, Josef (referee)
1 Administrative offenses in the field of expert activity Abstrakt v anglickém jazyce (summary) The subject of the diploma thesis is administrative offenses in the field of expert activity. Its main goal is to compare previous and subsequent legislation of expert activity and to define the issue of expert activity. In 2021, the new Act No. 254/2019 Coll., entered into force, which established new obligations for experts and increased sanctions for non-fulfillment. Administrative offenses in the field of expert activity are the result of a breach of duty by an expert, an expert office, or an expert institute. Therefore, this thesis first deals with the analysis of the basic concepts of expert activity and then analyzes the individual duties of an expert in the performance of expert activity. It also mentions the expert's responsibility for performing expert activity. The main output of expert activity is an expert opinion. Thesis describes the necessary requisites of an expert opinion and illustrates the procedure of the expert in processing. In the following part, the thesis deals with the definition of administrative offenses of experts. It describes the role of the Ministry of Justice in the supervision of expert activity and addresses the possibility for the public to participate in the control of expert...
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Expert and expert opinion in civil proceedings
Dörfl, Luboš ; Pohl, Tomáš (referee)
Expert and Expert Opinion in Civil Proceedings Abstract This thesis combines the topic of expert opinion as an important means of proof in civil court proceedings with wider issues of expertise. That means it also deals with the conditions for the proper performance of the expert activity with a focus on its outcome - expert opinion. Understanding these relationships in their contexts can play an important role in seeking good practice in the judicial proceeding, evaluating an expert opinion by a court or even being subject to de lege ferenda considerations in the area of regulatory and procedural rules. Since the correct and effective use of this means of proof has a direct impact on the speed and cost efficiency of court proceedings, the issue of optimal setting of expert activity is currently highly up- to-date. Therefore, this thesis focuses first on the issues related to the activity of judicial experts, its legal regulation and deals with the analysis of the requirements of the expert opinion and the correct course of the expert in its elaboration. The next part follows a brief introduction to the theory of proof and represents an expert opinion as a specific means of proof using in civil court proceedings, which requires a number of partial steps. The work focuses on the effects of proper activity of...
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Status of an expert in international commercial arbitration
Valášek, Matouš ; Brodec, Jan (advisor) ; Pauknerová, Monika (referee)
Status of an expert in international commercial arbitration Abstract This thesis focuses on the role and the status of experts in international commercial arbitration, specifically on the issue of their independence and impartiality. Expert evidence might have a significant impact on the outcomes of the arbitration. The importance of the expert evidence in international arbitration is thus considerable. Moreover, the importance of the expert evidence in international commercial arbitration is stressed out by the disputes dealt with in the international arbitration. The disputes in international commercial arbitration commonly relate to highly technical issues. The complexity of the issues enhances the role and status of experts. Nevertheless, the regulatory framework of international commercial arbitration is not usually focusing much on the issue of independence and impartiality of experts. The first part of the thesis describes the international commercial arbitration in general and principles governing it. Then it describes the issue of independence and impartiality in international commercial arbitration. Subsequently it deals with role and status, significance, and division of the expert evidence on experts appointed by the arbitrational tribunal and experts appointed by the parties. Author puts...
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Expert Evidence
Coufalová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The thesis called "Expert proofs" deals with one of the types of proper evidence which is applied in cases when an expert report is necessary to clarify facts important for criminal trial proceedings. Thesis is divided into 5 basic chapters. The first chapter is introductory and talks about some of the general problems of expert laws - evaluation of the current legal regulations of expert's function - expert law and expert ordinance, especially from the point of view of the changes that these legal regulations have undergone as well as the forthcoming changes in the form of updating of the current law and preparation of a brand new law. It also talks about definition of an expert, especially the difference between a witness and a consultant, then briefly about their rights and duties in the criminal trial proceedings in general. The second chapter deals with the presence of an expert explicitly in criminal trial proceedings and is divided into three parts. The first one provides basic information about admitting an expert and its form. The second one concerns the definition of an expert's assignment and the third one concerns preparation of an expert report, in which the expert familiarizes themselves with the criminal case. The third chapter deals with the actual output of an expert's investigation, its...
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Status and role of authorized experts in the Czech Legal System
Bürger, Pavel ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Rigorózní práce se zabývá současnou právní úpravou znalecké činnosti, která platí v České republice v téměř nezměněné podobě již více jak 43 let a vzhledem k současnému společenskému uspořádání ji jistě nelze hodnotit jako nejdokonalejší. Rigorózní práce předkládá výklad platné právní úpravy upravující oblast soudního znalectví, její aplikaci na současnou praxi soudních znalců hlavně v oboru ekonomie a analýzu nejspornějších a nejméně jasných otázek této právní úpravy. Práce se též de lege ferenda zabývá záměry ve světle nově navrhované právní úpravy. Autor tyto záměry shrnuje a hodnotí, přičemž dospívá k závěru, že nová právní úprava by měla být připravena důkladně a promyšleně tak, aby současný nevyhovující stav celkově napravila a ne ho ještě více zhoršila. Abstract The thesis analyses the current Czech legislation on certified experts, which has been in force for more than 43 years, remaining almost unchanged throughout this period. Because of many significant changes in the course of these years, the regulation is far from ideal from today's perspective. The thesis provides an interpretation of the applicable legislation governing the activities of certified experts in the Czech Republic, an overview of current implementation in practice, focusing, in particular, on the area of economics, as...
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Expert evidence in criminal proceedings
Borčevský, Pavel ; Musil, Jan (advisor) ; Gřivna, Tomáš (referee) ; Sváček, Jan (referee)
This thesis addresses the use of expert evidence in criminal trial proceedings. The author's primary aim is to present a thorough analysis of this highly specific form of evidence as contained in the Criminal Procedure Code, Act No. 141/1961 Coll., to identify its insufficiencies, and to suggest some potential legislative modifications. The author is aware that the role of an expert in criminal proceedings is also determined in part by the Act on Experts and Interpreters, Act No. 36/1967 Coll., but he deals with this organizational norm only marginally, as his main goal is to analyze the possibilities of using expert evaluations within the framework of criminal procedure. In this thesis, the author describes the historical development of this type of evidence, discusses the concept of the role of the expert in legal theory, and above all, presents his views regarding the law currently in effect, describing the use of expert evidence from its initial stages of appointment of an expert to the preparation and presentation of the expert opinion and the evaluation thereof. The author also takes account of some currently topical issues such as the confrontation of experts and the use of computer software in the expert's work. Given that recodification of the Criminal Procedure Code is currently underway,...
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Health myths Promoted by Online Media
Jeníková, Anna ; Vochocová, Lenka (advisor) ; Zezulková, Markéta (referee)
The diploma thesis deals with current media myths about health and the human body. Dissemination of myths among the general public has been facilitated by the emergence of new media that allow a multi-layered debate across social groups. Online content offers a quick source and a wide range of answers or inspiration on health and human body issues, usually without the need to indicate where the information comes from. I will focus on the discussion about detoxification of the human body in life-style online media for women. Contemporary discussions on this topic show that easy access to information has prompted a wave of so-called "self-healing" described as a situation in which people consult their health problems primarily with online content, and then, if at all, with their GP or with another expert. Although some myths have been scientifically refuted, they still have their "proponents" who can represent legitimate knowledge. The very word "myth" or "half-truth" or "superstition" is discursively specific, burdened and represents an ideology. In many health and human body issues, there are many arguments of both parties (both mainstream and alternative medicine). I will observe this extreme polarization in the diploma thesis that is neither a defense of expert votes nor "experts by...
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