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The problems of judicial expertise in criminal proceedings
Dostálová, Kateřina ; Mulák, Jiří (referee)
The problems of judicial expertise in criminal proceedings Abstract The diploma thesis focuses on forensic expertise and the current state of the subjects performing expert activities in the Czech Republic. Its aim is to prove empirically that the number of experts is insufficient. The thesis also focuses on possible problems that may arise in connection with the absence of experts, expert offices and expert institutes not only in practice but also in the court proceedings themselves. In order to comprehensively identify the state of expert subjects, the thesis uses analytical, normative and empirical approaches of scientific research using mainly static methods and qualitative interviews. The outflow of forensic experts is a long-term phenomenon. The current number of experts is the lowest in the last 20 years. At the same time, the list of experts includes fields and sectors in which no expert is registered. Their absence is reflected, for example, in the need for more frequent use of ad hoc experts, which can be problematic. It has a negative impact on the right to a fair trial, in particular on the so-called 'equality of arms', as only public authorities can bring in persons performing one-off expert activities. There is also a problem of undermining the professionalisation of expertise, as ad hoc...
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INSTITUTIONAL ASPECTS OF EXPERT ACTIVITY
Hanák, Jakub ; Mařík, Miloš (referee) ; Fiala, Josef (referee) ; Semela, Marek (referee) ; Telec, Ivo (advisor)
The thesis analyzes an expert in social (institutional) relations that constitute the organizational and institutional background of Forensic Expertise as part of forensic engineering. The work explains the terminology and definitions used, with the greatest attention is paid to the analysis of the conditions for the exercise of expert activities from different perspectives (in particular legal and economic). Is discussed in detail in particular the status of expert institutes, and in all contexts: both in terms of expertise and its guarantee, as well as in terms of responsibility processors appraisal institute. Further describes the work of existing associations and experts estimated their future development. An important part of the work is a comparison of the conditions for the exercise of expert activities (advantages and disadvantages) in selected European countries: Slovak Republic, England and Austria. Based on the findings in the final section are designed and justified by changes in the conditions and rules for the performance of expert activities and other related aspects.
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VALUATION OF DAMAGED, UNLICENSED AND UNAUTHORIZED BUILDINGS
Černocký, Robert ; Kubečka, Karel (referee) ; Mikš, Lubomír (referee) ; Bradáč, Albert (advisor)
This PhD thesis analyzes the current, by experts in minimum benchmark solved condition of valuation of damaged, unlicensed and unauthorized buildings, it defines the problematic status of the individual administrative areas where the expert report is the decisive evidence and it recommends suitable method of valuation of these buildings, so as to minimize the risk of bringing faulty expert opinion. The paper not only explains the basic concepts identified in the relevant legislation, but also systematically analyzes the possible ways of determining the usual price of mentioned buildings. Derived ways of valuation methods are validated on examples and evaluated. On the basis of this verification there is a recommended procedure to determine the usual price of these types of buildings, ie. the expert standard.
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STANDARDIZATION OF THE VALUATION APPROACH FOR DETERMINING THE MARKET VALUE OF EASEMENTS IN ROAD CONSTRUCTION
Sedláček, Jan ; Hela, Rudolf (referee) ; Lodr, Jiří (referee) ; Bradáč, Albert (advisor)
This PhD thesis analyzes the current situation in appraisals of technical infrastructure easements created by the Road and Motorway Directorate of the Czech Republic in the process of transport infrastructure development. The thesis explains the basic concepts, identifies the relevant legisla-tion and examines the appraising methods used for these easements as described in the literature. It then discusses and critically assesses, based on existing legislation and best practices, the indi-vidual appraising approaches used in expert opinions prepared for the Road and Motorway Di-rectorate of the Czech Republic. Drawing on this assessment, it makes recommendations for a standardized approach for establishing the fair market value of easements and demonstrates its application on a model example.
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The problems of judicial expertise in criminal proceedings
Dostálová, Kateřina ; Šelleng, Dalibor (advisor) ; Hořák, Jaromír (referee)
The problems of judicial expertise in criminal proceedings Abstract The diploma thesis focuses on forensic expertise and the current state of the subjects performing expert activities in the Czech Republic. Its aim is to prove empirically that the number of experts is insufficient. The thesis also focuses on possible problems that may arise in connection with the absence of experts, expert offices and expert institutes not only in practice but also in the court proceedings themselves. In order to comprehensively identify the state of expert subjects, the thesis uses analytical, normative and empirical approaches of scientific research using mainly static methods and qualitative interviews. The outflow of forensic experts is a long-term phenomenon. The current number of experts is the lowest in the last 20 years. At the same time, the list of experts includes fields and sectors in which no expert is registered. Their absence is reflected, for example, in the need for more frequent use of ad hoc experts, which can be problematic. It has a negative impact on the right to a fair trial, in particular on the so-called 'equality of arms', as only public authorities can bring in persons performing one-off expert activities. There is also a problem of undermining the professionalisation of expertise, as ad hoc...
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Jaromír Neumann: The connoisseur of Venetian painting
Lišková, Julie ; Zlatohlávek, Martin (advisor) ; Konečný, Lubomír (referee)
The work is dedicated to the personality Jaromír Neumann as an expert of Venetian painting in our country, whose approach is documented on a number of paintings from several institutions, which autorship determinated. Specifically, the images of the Prague Castle Picture Gallery, National Gallery in Prague, Olomouc Picture Gallery and significant Titian painting of Kroměříž Picture Gallery, which concentrated his interest for a long time. These are the works of painter's family Bassano, Paolo Veronese, Jacopo and Domenico Tintoretto, Bonifazio Veronese, Rocco Marconi, Pordenone and Titian. More generally, the work deals with issues of connoisseurship and restoration, but is not the purpose of extensive analysis, the more necessary as outlined in the context of the theme of the work. The result should be the definition and specification process of Neumann's autorship determination and the pursuit of affect key points that form its determination.
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Connoisseurship
Křístek, Lukáš ; Gerloch, Aleš (advisor) ; Musil, Jan (referee)
Connoisseurship I conceived my rigorous work as a summary of theoretical information about the connoisseurship in the Czech Republic. I began with the historical development of the connoisseurship in the Czech Republic and found out that the Ministry wants to repeat certain historical errors. I assume that there will be experts among the future readers of this work and, therefore, I also analyze the system of law and the role of experts in procedural law to facilitate understanding of the expert's position in the legal system. Then, I continue with the theoretical concepts of the expert activities, which occurred in the doctrine during the period from the Inquisition processes to the present, including examples of judicial decisions that favor different theoretical concepts. Due to the fact that an expert opinion is considered as evidence, I also deal with evidence from the legal and logical point of view, from which I deduce strategies at the expert opinion's assignment. A substantial part of my work is focused on an expert in person, including his rights, duties, responsibilities and protection. I focus on the expert's appointment and dismissal or another way of termination of expert activities as results from Act No. 444/2011 Coll. I highlight the differences between the expert and other persons...
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Vincenc Kramář and study of medieval art
Břízová, Daniela ; Kubík, Viktor (advisor) ; Ottová, Michaela (referee)
Vincenc Kramář and study of medieval art. The basic goal of this work is summarization and critical evaluation of the methodological work of Vincenc Kramář for further studying of medieval art, including critical evaluation of the related literature. The main goal should be attempt to define Kramář's methods which he applied on artworks of the medieval era. The connection between Kramář's method and Vienna school of history of art in comparison with contemporary expert approaches of a leading personalities on the field of history of art (B. Berenson, G. Morelli). This bachelor's dissertation also provides detailed analysis of Kramář's works on the field of czech medieval artworks. The influence of Kramář's professional career on development of his method will also be taken into consideration. The more precise subsumption of Kramář's personality and his scientific work within the frame of history of art in czech lands should be the outcome of this dissertation, as well as basic depiction of contemporary expert methods abroad and its infulence on it.
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VALUATION OF DAMAGED, UNLICENSED AND UNAUTHORIZED BUILDINGS
Černocký, Robert ; Kubečka, Karel (referee) ; Mikš, Lubomír (referee) ; Bradáč, Albert (advisor)
This PhD thesis analyzes the current, by experts in minimum benchmark solved condition of valuation of damaged, unlicensed and unauthorized buildings, it defines the problematic status of the individual administrative areas where the expert report is the decisive evidence and it recommends suitable method of valuation of these buildings, so as to minimize the risk of bringing faulty expert opinion. The paper not only explains the basic concepts identified in the relevant legislation, but also systematically analyzes the possible ways of determining the usual price of mentioned buildings. Derived ways of valuation methods are validated on examples and evaluated. On the basis of this verification there is a recommended procedure to determine the usual price of these types of buildings, ie. the expert standard.
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STANDARDIZATION OF THE VALUATION APPROACH FOR DETERMINING THE MARKET VALUE OF EASEMENTS IN ROAD CONSTRUCTION
Sedláček, Jan ; Hela, Rudolf (referee) ; Lodr, Jiří (referee) ; Bradáč, Albert (advisor)
This PhD thesis analyzes the current situation in appraisals of technical infrastructure easements created by the Road and Motorway Directorate of the Czech Republic in the process of transport infrastructure development. The thesis explains the basic concepts, identifies the relevant legisla-tion and examines the appraising methods used for these easements as described in the literature. It then discusses and critically assesses, based on existing legislation and best practices, the indi-vidual appraising approaches used in expert opinions prepared for the Road and Motorway Di-rectorate of the Czech Republic. Drawing on this assessment, it makes recommendations for a standardized approach for establishing the fair market value of easements and demonstrates its application on a model example.
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