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Binding opinions within the protection of environmental components
Svoboda, Radek ; Stejskal, Vojtěch (advisor) ; Svoboda, Petr (referee)
1 Abstract This diploma thesis deals with the issue of binding opinions issued on the basis of individual component laws, i.e. laws that pursue the protection of individual environmental components. The aim of this diploma thesis is to provide a basic insight into the institution of binding opinions, in particular their use for the purpose of protecting individual environmental components, and a subsequent comparison with the legislation that will come into force on 1 January 2024. The first part of this thesis deals with the regulation of binding opinions in the Administrative Code, in particular their formalities, legal nature, as well as the process of issuance, including the possibility of appealing against the issued binding opinion or its subsequent review. In addition, the first part of the diploma thesis also deals with the authorities concerned, as the authorities competent to issue binding opinions. In the second part, the thesis focuses on the regulation of binding opinions in the individual component laws, with a focus on binding opinions in the Air Protection Act, the Water Act, the Agricultural Land Fund Protection Act, the Forest Act and the Nature and Landscape Protection Act. First, the current state of the legislation is discussed, then the author describes the state of the legislation...
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Legal environmental protection of selected components of the environment in collision with the right to proprerty
Loudová, Sandra Sophia ; Stejskal, Vojtěch (advisor) ; Fabšíková, Tereza (referee)
Legal environmental protection of selected components of the environment in collision with the right to property Abstract This rigorous thesis focuses on the protection of environment, or its selected components, property rights, and conflicts that arise between these two constitutionally guaranteed rights. The aim of this thesis is to provide a summary of the limitations on the exercise of property rights arising from selected environmental laws. This work focuses on restrictions affecting property owners, specifically landowners. The thesis is divided into two parts, with the first part introducing the subject-matter of the thesis, and the second part offering a detailed analysis of the legal regulations of individual environmental laws aimed at protecting the environment. The first chapter defines environmental protection, outlines basic concepts, and discusses the incorporation of environmental protection into the constitutional order of the Czech Republic. The second chapter, in addition to defining property rights, its subject, characteristics, and constitutional basis, discusses legal limitations on property rights, including considerations related to expropriation. The third chapter briefly outlines the relationship between environmental protection and property rights. The second part of the thesis...
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Status and role of public guards in environmental protection
Tomeš, Vítek ; Fiala, Zdeněk (advisor) ; Stejskal, Vojtěch (referee)
Status and role of public guards in environmental protection Abstract The thesis deals with the status of public guards within the legal system of the CZE and the role of public guards in environmental protection. The aim of this thesis is to provide a relatively comprehensive analysis of the current legal regulation of individual public guards operating in the relevant sections of environmental protection, and to make de lege ferenda proposals leading to the improvement of the effectiveness of public guards, based on the confrontation of the current legal regulation with the shortcomings that public guards face in the performance of their activities in practice. According to the current legislation, there are four types of public guards. Public guards are divided into hunting guards, fishing guards, forest guards and nature guards, which are further divided into wardens and correspondents. Furthermore, the public guards themselves can be either voluntary, who perform their duties on a voluntary and honest basis, i.e. in their own time and without remuneration, or professional, who perform their duties in the context of an employment relationship. As a point of interest, inspectors of the Czech Environmental Inspectorate are also forest guards. Only a natural person, not a legal person, may be appointed as...
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Right of superficies and its comparison to Austrian law
Kolísková, Zuzana ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The right of superficies and its comparison to Austrian law Abstract This thesis describes the right of superficies that was adopted into the Czech legal system by the Act Nr. 89/2012 Sb., Civil Code and compares it with the Austrian right of superficies adopted by Act Nr. 86/1912. The objective of the thesis is to describe the key attributes of the right of superficies according to Czech law and to compare it with the corresponding provisions of the Austrian law. The thesis also deals with provisions of the Czech right of superficies that may be unclear or problematic to interpret and offers the possible way in which these provisions could be interpreted by drawing upon the example of the Austrian right of superficies. The thesis also contains the evaluation of the Czech right of superficies and some ideas for improvement of some its provisions. The right of superficies is described according to Czech and Austrian law in each chapter separately to aid the comprehensibility of the thesis and each chapter also contains the comparison of the concrete attributes of the Czech and Austrian right of superficies, respectively. Analytic, synthetic and comparative methodologies are used in this thesis. The introduction contains a brief historic development of the right of superficies and of the principle superficies...
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Hunting and fishing in the light of selected environmental issues
Rudolf, Vít ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
1 Hunting and fishing in the light of selected environmental issues Abstract The diploma thesis focuses on the hunting and fishing in the light of selected environmental issues. Both hunting and fishing are activities that may serve as freetime activities, but their main purpose is nature conservation and as such should respond to the changes in nature brought about by climate change. The aim of this diploma thesis is to provide the reader with a basic insight into the legal regulation of hunting and fishing and to assess the current legal regulation in terms of preparedness for the changes in nature brought about by ongoing climate change. The second objective is pursued by answering three questions: "Does the Czech legislation sufficiently care about biodiversity conservation?", "Does the Czech legislation effectively combat invasive and non-native species?" and "Is Czech legislation prepared for the changes in animal behaviour that will inevitably occur in the context of climate change?". The diploma thesis is divided into five chapters. The beginning of the diploma thesis focuses on the issue of climate change, where the emphasis is mainly placed on laying out the problems related to the loss of biodiversity, the introduction of non-native species and changes in animal behaviour. Next, the diploma...
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International Trade in Endangered Species and Its Legal Regulation (50 Years of CITES)
Vinduška, Vojtěch ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
International Trade in Endangered Species and Its Legal Regulation (50 Years of CITES) Abstract This thesis focuses on the legal regulation of international trade in endangered species of wild fauna and flora. The main objective of this thesis is to perform a comprehensive analysis of the system of legal regulation of international trade in endangered species of wild fauna and flora, both at the international and European level, as well as its implementation into Czech legislation and to provide a fundamental comparison of these levels. The thesis should lead to reflection on the necessity and importance of the protection of endangered species, especially when they are subject to international trade. The thesis is divided into four parts. The first part deals with the international trade in endangered species itself. It provides an explanation of the term international trade in endangered species, an analysis of its global scale, its impact on the planet's biodiversity, and the goals that regulation of this sector of international trade seeks to achieve. The second part discusses the Convention on International Trade in Endangered Species of Wild Fauna and Flora, primarily from the perspective of the historical development of this area and the gradual evolution of the Convention itself. It also outlines the...
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Environmental policy instruments in the Czech Republic
Bavšenkov, Sabina ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
Environmental policy instruments in the Czech Republic This thesis deals with environmental policy instruments and related issues. In the introduction I analyze in general what the environment is and what role it plays in our life and its importance for life, then also by short historical excursion and also by the very definition of what is the environment and also the environmental policy itself. A large part is occupied by environmental policy actors that are an integral part of this area, as it would not be possible to carry out environmental policy without them. I divide them into state and non-state, among which the main difference is especially in volunteering. I describe their activities and examples of using individual tools in their performance. An important part is also an insight into the international area in the field of international environmental conferences as well as the European Union action plans. This section presents a brief overview of the development of international conferences on environment and sustainable development. Then, in the European Union, I am analyzing the last seventh action program in detail. Last but not least, it is also the State Environmental Policy of the Czech Republic as an important strategic document defining the further direction of the development of...
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Conceptual tools of spatial planning and its specifics in specially protected areas in Šumava
Komárek, Matěj ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
Conceptual tools of spatial planning and its specifics in specially protected areas in Šumava The thesis concerns with the relation between nature and landscape protection and spatial planning in Šumava. In Šumava we find Czech biggest national park and the whole area is protected with some other territorial protection tools of landscape and nature. Simultaneously we find in Šumava a large number of villages some of them located in the most strictly protected areas. In 2017 an amendment to the act no. 114/1992 Coll., on nature and landscape protection, was approved. The thesis was created at the turn of 2019 and 2020 when some territorial protection tools, such as quiet zones in national park, national park management plans and national parks zoning systems were redefined based on the 2017 amendment. This amendment has changed significantly the protection tools of landscape and nature and strengthen its role in the national parks. The mayors of municipalities were outright against the amendment and argued that as a result of this amendment the development of the villages would be limited. The thesis concerns with specifics of conceptual tools of spatial planning in Šumava, i. e. how the villages are limited in its territorial development by the existence of specially protected areas, also...
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Compensation for damage caused by wild animals
Tichý, Ján ; Fabšíková, Tereza (advisor) ; Stejskal, Vojtěch (referee)
Compensation for damage caused by wild animals Abstract This thesis deals with the comparison of the institutes of compensation for damages caused by wild animals within the legislation of the Slovak Republic and the Czech Republic. The common denominator of these institutes is the fact that the object that caused the damage (i.e. the wild animal) has no legal owner, it is res nullius. Therefore, the legislators in the compared legal systems created these institutes in order to avoid the 'unregulated' hunting of the animals in question. The thesis consists of four main parts, in the first part I discuss the theoretical background, definitions used in different legal systems and their equivalents. In turn, I define terms such as animal, animal, game, wild animal, specially protected animal, designated animal, and so on, depending on which term is used by which legislator. The first part is thus the theoretical basis for the following parts of the thesis The second and third parts are largely similar, as I have kept their system of treatment as similar as possible. The second part contains a detailed analysis of the Act on the Provision of Compensation for Damages and the Hunting Act (to the extent that it regulates compensation for damage caused by game). In this part, I analyse the legal regulation of these...
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Protection of biodiversity of deep sea-bed in areas beyond national jurisdiction
Kopecký, Martin ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
Protection of biodiversity of deep sea-bed in areas beyond national jurisdiction Protection of the marine environment including ecosystems and biodiversity of the seabed, is one of the main goals towards which international environmental law should be aiming. In the first part of this diploma thesis, I presented the main deep-seabed ecosystems, and I drew attention to the main discrepancies between the natural scientific and legal view of these ecosystems. In the second part of this thesis, I presented crucial legal principles and approaches that are applicable to the protection of the deep seabed, and I included examples of binding and non-binding legal instruments which contain those principles. I further outlined their status in the current system of international law, particularly with regard to the international customary and treaty law. In the third part of this thesis, I analysed specific international conventions which apply to the protection of deep seabed biodiversity. First, I analysed the UN Convention on the marine law, and then I focused on two regional legal regulations: Convention for the Protection of the Marine Environment of the North-East Atlantic and Antarctic Treaty System. At first, I addressed the question whether they include the main principles and approaches which I...
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