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Negligent Obstruction of Duty of Public Official
Kohoutková, Iva ; Richter, Martin (advisor) ; Bohuslav, Lukáš (referee)
Negligent Obstruction of Duty of Public Official Abstract The thesis deals with the analysis of the facts of the criminal offence of negligent obstruction of duty of public official which is contained in Section 330 of the Criminal Code. The thesis also compares it with Polish and German legislation. The thesis aims to provide a comprehensive interpretation of the offence in question. It is divided into four parts. The first part deals with the historical development of the crime of negligent obstruction of duty of public official. It covers the development from the period of the First Republic to the legislation until 2009. The second part contains the analysis of the actual facts of the offence of negligent obstruction of duty of public official. This part is divided into two larger subchapters. The first deals with the interpretation of the basic elements of the offence. Here, one of each feature is subsequently discussed - the object of the offence, the objective aspect of the offence, the subject of the offence and the subjective aspect of the offence. The second subchapter is devoted to the analysis of the circumstances that condition the application of a higher criminal rate. The following section deals with a comparison with the Polish legislation. It first discusses the Polish criminal law in...
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Abuse of power by a public official
Vydra, Tomáš ; Richter, Martin (advisor) ; Vokoun, Rudolf (referee)
The diploma thesis focuses on a detailed analysis of the criminal offence of abuse of power by a public official. The thesis is divided into two continuous parts. The first part refers to the historical development of the offence of abuse of power by a public official and the process of formation of the concept of a public official on the territory of the Czech state since the second half of the nineteenth century. Within this framework, historical criminal laws are analysed, as well as unsuccessful attempts at codification of substantive criminal law from the period of the First Republic, which included this type of offence. Along with this genesis, the legal-historical context accompanying the formation of the researched offence and the public official is also described. The aim of the first part of the thesis is mainly to identify the specific conceptual features of the analysed institutes, which were gradually transposed into subsequent legal regulations and resulted in the construction of the currently valid and effective form of the offence of abuse of power by a public official. The second part, in direct continuity with the first part, analyses the current concept of the offence of abuse of power by a public official with the related conceptual features. In particular, the current...
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Bias of the Administrative Officials
Nová, Anna ; Vedral, Josef (advisor) ; Svoboda, Petr (referee)
Bias of the Administrative Officials Abstract The subject of this thesis is an analysis of the bias of public officials, which is regulated in Section 14 of Act No. 500/2004 Coll., the Administrative Procedure Code, as amended, with a primary focus on the practical aspects of the application of the institute. Special focus is also placed on the phenomenon of so-called systemic bias, which receives considerable attention from both the professional community and the general public. The thesis also examines the development of the position of the Constitutional Court and the Supreme Administrative Court's jurisprudence on the subject in the last two decades. The thesis is divided into four main chapters, which are further divided into subchapters, with selected subchapters further divided into sections. The first chapter analyses the fundamental principles of the institute of exclusion from hearing and decision-making and reviews the most significant milestones of administrative procedure codification, with a focus on the regulation of the institute of bias. The second chapter presents current legal regulation of bias in the Administrative Procedure Code as well as in special statutes and lays the theoretical groundwork necessary for a deeper insight into the issue. The third chapter focuses on the phenomenon...
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Corruption issues concerning members of the Police of the Czech Republic
MARYŠKA, Jakub
The aim of the thesis is to characterize the legal, social and criminogenic aspects of corruption, to analyze the state of occurrence of corrupt behavior among members of the Regional Police Directorate of the South Bohemian Region, and to analyze the status and effectiveness of anti-corruption measures adopted by the Regional Police Directorate of the South Bohemian Region. Within the framework of the theoretical part, the concept of corruption, its forms, methods and development stages are defined. Other concepts related to corruption are also defined. It also describes corruption in the international context and anti-corruption bodies. Within the framework of phenomenology, the work describes the current state, structure and dynamics of criminal acts associated with corruption among members of the Police of the Czech Republic based on secondary data provided by the General Inspectorate of Security Forces. The practical part is based on primary data obtained through a questionnaire survey, which was conducted among members of the Regional Police Directorate of the South Bohemian Region. Eight hypotheses were established as part of the research. Through their verification, it was found out that the rate of corrupt behavior increases with increasing service classification, and that the frequency of the occurrence of corrupt behavior has a decreasing tendency over the last 6 years. The index of corruption of the Regional Police Directorate of the South Bohemian Region is, as expected, lower than the national index. Most police officers would not tolerate corrupt behavior among their colleagues. According to the assumption, police officers consider education in this area to be important but insufficient. In their opinion, police officers have less knowledge of the issue than was assumed, and roughly only a third of them have encountered incitement to corruption during their practice. The results of the investigation are subsequently interpreted and compared with the stated hypotheses. The contribution of the work is the detection and evaluation of the mentioned issue in the territory of the South Bohemian Region. It will also serve as an information source for organizational articles dealing with anti-corruption measures and education in this area within the Regional Police Directorate of the South Bohemian Region. The work can also be used as an auxiliary study material for university students, for example when studying in the social-legal field.
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Some aspects tax control
Peláková, Andrea ; Boháč, Radim (advisor) ; Marková, Hana (referee)
My dissertation deals with some aspects which are connected with tax kontrol. The main point of my paper is to give a detailed description od selected aspects nad to compare thme according to an old and a new version of legal acjustment. An introductory chapter pays attention to defining tax control. Following chapters deals with the opening of tax kontrol, repeated tax kontrol, periods for tax setting, kontrol report and means of protection dutiny the tax control. My own practical experience with tax kontrol is written about in the last chapter.
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The Institution of Complaint According to the Administrative Procedure Code
Adamec, Martin ; Prášková, Helena (advisor) ; Rajchl, Jiří (referee)
- The Institution of Complaint According to the Administrative Procedure Code The subject of this rigorous thesis is a special type of complaint, which is a complaint about certain kind of behavior or procedure in public administration. Author of this thesis generally defines the complaint as an individual submission of the complainant intended to achieve a correction of the perceived drawbacks. The element of the individuality differs this type of submission from petitions, for which the shared interest is characteristic. Unlike the petition law the legal regulation of the complaints is very problematic and fragmented. It happens to be a remnant of for a long time unsolved situation, where the complaints were regulated by a controversial governmental decree from 1958, which was issued by unauthorized government and which was intended as provisional only. Despite the subsequent polemics regarding its validity and binding effect was this decree abolished as of 1 January 2006 relatively without any substitute. Until that time the complaints were regulated in a plenty of special acts, but the general regulation was missing. The change was supposed to be brought by the current Administrative Procedure Code, which original government proposal lacked the regulation of the complaints, but in the end it...
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Criminal protection against corruption and its prevention
Pánková, Hana ; Vokoun, Rudolf (advisor) ; Gřivna, Tomáš (referee)
Criminal protection against corruption and its prevention This doctoral thesis entitled "Criminal Protection against Corruption and its Prevention" defines the point of view of the phenomenon of corruption, which I decided to pursue, with its name itself. I examined corruption from the perspective of substantive criminal law, although it should be noted that this work cannot ignore the aspects of other disciplines such as sociology, criminology, philosophy etc., in order to make view of the detrimental phenomenon of corruption, for it undoubtedly is detrimental, complete. I am convinced that the chosen topic is relevant and needed. It is so, because only the effective and sustained efforts to combat corruption may lead to its reduction while avoiding the negative consequences of acts of corruption. These are mainly damages in the area of economic damage, although the negative impact of corruption on civil society should be also emphasized, for example corruption causes the loss of public confidence in politics, public administration and in a fair, objective, impartial decisions. If there isn't sharp fight against corruption, appropriate public education about the harmful effects of corruption and prevention, then the impression, that corruption is a necessary and integral part of our lives, raises...
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Some aspects tax control
Peláková, Andrea ; Boháč, Radim (advisor) ; Marková, Hana (referee)
My dissertation deals with some aspects which are connected with tax kontrol. The main point of my paper is to give a detailed description od selected aspects nad to compare thme according to an old and a new version of legal acjustment. An introductory chapter pays attention to defining tax control. Following chapters deals with the opening of tax kontrol, repeated tax kontrol, periods for tax setting, kontrol report and means of protection dutiny the tax control. My own practical experience with tax kontrol is written about in the last chapter.
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Ethics in Public Administration
Horáková, Aneta ; Brabec, Jan (advisor) ; Pilař, Tomáš (referee)
The thesis is divded into two parts which focus on ethics in public administration. The first part of the thesis defines the basic terms which are codes of ethics in public administration which are necessary for understanding various issues.The second part contains the results of a survey which was conducted among employees of the municipality. The results are presented in graphs complete with descriptions.The conclusion is based on the survey results which were evaluated to produce some draft recommendations on how to improve the ethical working environment.
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