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Legal aspects of Play-to-Earn (P2E) as a revenue-generating activity
Vyskočil, Jakub ; Vybíral, Roman (referee)
PRÁVNÍ ASPEKTY PLAY-TO-EARN (P2E) JAKO VÝDĚLEČNÉ ČINNOSTI 5 Abstract This thesis focuses on the legal qualification of a new business model of video games, which, in contrast to the traditional conception of video game entertainment as a recreational activity, promises players the possibility of achieving a stable income. This model has come to be known in the industry as "play-to-earn" (P2E), where the earning mechanism is implemented di- rectly in the source code of the video game. Unlike professional video game play for financial reward, known as e-sports, the P2E model is based on re- warding through the automatic generation of crypto-assets (cryptocurren- cies or non-fungible tokens known as NFTs). The player is then able to trans- act with the assets thus acquired, including the resulting exchange into legal tender. The mechanism of the game runs automatically through smart con- tracts built on a blockchain. This thesis examines this phenomenon from sev- eral legal aspects, in particular the issue of gambling, the upcoming Euro- pean regulation on Markets in Crypto-assets (MiCA) and related Czech tax issues. In order to identify gambling, selected P2E games are subjected to a thorough analysis in the second part of the thesis, with the following chapter dedicated to a discussion of the legislation de...
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Supervision and regulation of fund investment
Šiková, Zuzana ; Vybíral, Roman (referee)
This thesis deals with the supervision and regulation of investment funds. The thesis focuses on investment funds and management companies, which play an important role in the Capital Markets Union. The aim of the thesis is the analysis of the legal regulation of investment funds and management companies. In order to achieve this aim, it analyses the legal framework, the particularities of the different types of funds and the legal regulation of the management company itself. The thesis also focuses on the authorisation procedure of the management company and a large part of the thesis deals with the supervision of fund investments.
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Burden of proof in tax administration
Kadleček, Matouš Jan ; Vybíral, Roman (advisor) ; Večeř, Miroslava (referee)
Burden of proof in tax administration Abstract The thesis analyses the provisions of the Tax Code that deal with the burden of proof in detail. The first part of the thesis analyses the theoretical background of the burden of proof, with special emphasis on the application of the basic principles of the Tax Code in this area. The thesis aims to examine the impact of these principles on the relationship between the tax administrator and the tax subject during tax proceedings. The second part of the thesis discusses the individual factors for which the burden of proof lies with the tax subject and the tax administrator. In tax proceedings, special attention is given to the relationship between the burden of proof and the burden of statement of the tax subject. When discussing the matters in relation to which the tax subject and tax administrator bears the burden of proof, the work also touches upon the consequences of not bearing it. The last part of the thesis is devoted to the key tool for overcoming the tax subject's failure to bear the burden of proof. The use of tools (in czech "pomůcky") as a secondary method of determining tax liability is a consequence of the taxpayer's failure to bear the burden of proof. The determination of tax liability using tools is characterised by the use of a 'qualified...
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Pension fund investments in the Czech Republic
Novotný, Ondřej ; Vybíral, Roman (advisor) ; Večeř, Miroslava (referee)
Pension fund investments in the Czech Republic Abstract and keywords The thesis deals with the regulation of pension fund investments in the Czech Republic, specifically the investments of participating funds, transformed funds and the pan-European personal pension product. In the thesis, I have described each of the considered systems in turn and made a comparison between them. The aim of my thesis was to describe the regulation and to suggest possible adjustments to the regulation so that it could lead to better outcomes for participants in pension products. I have used communication with investment professionals and academic papers on the subject to determine the practical impact of each regulation. The analysis I carried out led to the development of recommendations, which I used to conclude the sections for each pension product. I also inserted some recommendations into the sections on the different aspects of the pension products. The thesis is divided into four chapters, the first of which is an introduction to the system that has been established in the Czech Republic. The following three chapters describe and evaluate the legal regulations of the different pension products according to the date of their creation. Thus, in the second chapter I deal with supplementary pension insurance, describing...
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Environmental and social aspects in financial regulatory
Novák, Tomáš ; Vybíral, Roman (advisor) ; Martiník, Pavel (referee)
Page 1 Abstrakt v anglickém jazyce Environmental and social aspects, sometimes simplistically referred to as "ESG", have found their way into all sectors of human activity in conjunction with addressing the issue of global climate change. This paper examines their integration into financial market regulatory rules. It analyses the obligations arising from these regulatory rules both from the perspective of compliance at the level of a financial product and at the level of a regulated entity as a whole. The integration of ESG into financial regulation into Czech law is primarily taking place at the European level, with the most significant piece of legislation addressed in this work being Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability-related disclosures in the financial services sector ("SFDR"). The author also describes the additional legislative documentation in the form of regulatory technical standards that supplement to the SFDR and touches upon the integration of environmental and social aspects into the sectoral regulations of the financial regulatory law of the European Union. The issue of supervision over the proper observance of the legislation is directly related to the regulatory framework itself. The author analyses the mutual...
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Liability of the state for damage caused in relation to the administration of taxes with focus on security orders
Bareš, Martin ; Vybíral, Roman (advisor) ; Kotáb, Petr (referee)
This rigorous thesis consists of three chapters, an introduction and a conclusion. In the introduction of this thesis, the author explains the reasons for the choice of the given topic, defines the objectives of the thesis and its systematics. The author also describes the methodology of the thesis and the sources. In the first chapter, the author defines the concept of tax administration. In the second chapter author focus on security orders, conditions for its issuance and consequences of their issuance, as well as termination of their effectiveness are discussed in detail. In the third chapter, the author introduces the reader to the legal regulation of the state liability for damage caused in the exercise of public authority, where attention is paid to individual issues of this institute. In particular, the prerequisites for state liability for damage, the issues of limitation, obliged and entitled persons and the specifics of the claim for compensation against the state. The focus of the thesis is in its fourth chapter, which deals with the liability of the state for damages caused by tax administration. In this chapter, the author applies the general conclusions adopted in the previous chapters to the issue of the tax administrator's misconduct in tax administration. In the first subchapter,...
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Legal and Economic Aspects of the Entry of the Czech Republic into the Euro Area
Žáček, Ondřej ; Vybíral, Roman (referee)
Legal and Economic Aspects of the Entry of the Czech Republic into the Euro Area Abstract The thesis answers a number of questions related to the entry of the Czech Republic into the euro area. The basic premise is that joining the euro area does not consist only in changing of the national currency, but it must be perceived more comprehensively as a transition to the third stage of the Economic and Monetary Union which has been undergoing dynamic development at the institutional level. The main conclusions of the thesis are as follows. The traditional Maastricht convergence criteria, as they are explicitly formulated in primary law, cannot be regarded as the sole conditions for entry into the euro area. Non-legal aspects are also relevant when the fulfilment of these criteria is assessed by the European Commission and the European Central Bank. In addition, several new institutions such as the Banking Union or the European Stability Mechanism have been established in the euro area, but are not taken into account by the Maastricht convergence criteria. This also confirms that entry into the euro area cannot be reduced to a mere change of the national currency. Another important conclusion is that entering the ERM II exchange rate mechanism, which is necessary to meet one of the convergence criteria, is not...
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Investment asset management comparable to fund management
Pivko, Petr ; Vybíral, Roman (referee)
4 Investment asset management comparable to fund management Abstract This thesis concerns the analysis of the legal regulation of the functioning of mini-funds, or persons according to Section 15 of Act No. 240/2013 Coll., on Investment Companies and Investment Funds. These are entities that can manage investment assets without requiring the relevant public authorisation granted by the Czech National Bank. The essence of their existence is the fact that they fulfil some of the characteristics of investment funds, although they are not investment funds. The popularity of the use of this institute in the context of collective investment escalated during the pandemic of the Covid-19 disease. In my thesis I analyse the rights and obligations linked with this management, the legal relations towards investors and also towards the Czech National Bank. The thesis consists of several parts, namely an introduction of the European legislation on which the Czech legislation is based, and the most important part, both in terms of its scope and significance, containing a description and analysis of the Czech legislation. The thesis also includes research on the domestic mini-fund market, where data representing a part of the market are presented and provide insight into, for example, how much assets mini-funds represent...
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Autonomous Vehicles Liability Insurance
Hořavová, Maria ; Vybíral, Roman (advisor) ; Tuláček, Michal (referee)
Autonomous Vehicles Liability Insurance Abstract The diploma thesis is focused on the issue of autonomous vehicles and its liability insurance as it is a very current topic, as evidenced by extensive discussions across the professional and lay public. The aim of this thesis is to analyse the currently existing legal framework at national, EU and international level and to clarify whether the current legal framework is sufficient for the operation of autonomous vehicles. The liability insurance system itself and the principles of its operation are also analysed with regard to their suitability for autonomous transportation. Where deficiencies are identified, de lege ferenda considerations are outlined, and expected changes as well as appropriate solutions are identified. In addition, the diploma thesis provides a meaningful introduction to the principles of autonomous vehicles and discusses other areas closely related to liability insurance for damage caused by the operation of autonomous vehicles. The diploma thesis is divided into five separate chapters. These chapters are structured in such a way that the reader first gains an understanding of the topic and becomes familiar with the complex system of autonomous vehicles. In the first chapter, the reader is introduced to the concept of an autonomous...
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Flat tax - a legitimate instrument or an unjustified inequality?
Svobodová, Sára ; Vybíral, Roman (referee)
Flat tax - a legitimate instrument or an unjustified inequality? Abstract This paper analyses the impact of the flat-rate scheme as it is regulated in the current and effective legislation. The aim of this paper is to compare the real tax burden on gross profits of both taxpayers - self-employed persons in the flat-rate regime, whose tax liability is equal to the flat-rate tax, and self-employed persons in the standard taxation regime, and employees, assuming that they perform a similar type of income-generating activity as the self-employed persons under examination. To this end, qualitative research is carried out on model situations of self-employed taxpayers with different actual costs of reaching their income level and employees, with the gross profits of these taxpayers set to correspond to the lower- and upper- income thresholds for the different bands of the flat-rate regime. The first part of the thesis theoretically describes the taxation of natural persons, the second part contains specific calculations and description of partial conclusions for each market situation examined. The third part contains a summary of those partial conclusions that are either valid for the flat-rate scheme across the groups studied or those that are so important that they are relevant for the flat-rate scheme as a...
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