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Criminal liability in environmental protection
Turečková, Lucie ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
75 Abstract Criminal liability in environmental protection Presented dissertation deals with a very current topic, which is environmental protection through the criminal law standards. It mostly deals with criminal environmental protection instruments in the Czech Republic and puts them into the international and European context. It describes the conditions of a criminal liability with an emphasis on the criminal liability of the legal persons, a new element in Czech law. A big part of this dissertation is dedicated to the individual environmental crimes, which can be found in the criminal code in a part VIII or in another parts within the special part. Two chapters are dedicated to analysis of the two crimes in detail - Damage and threats of the environment (including its negligent forms) and Animal abuse including the historical development of it. The aim of this dissertation is an analysis of actual and efficient legal regulation.
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Legal regulation of the renewable energy resources and their use
Makovec, Václav ; Damohorský, Milan (advisor) ; Humlíčková, Petra (referee)
Title: Legislation of renewable energy sources and their use Abstract The presented thesis deals with issues of legal regulation of renewable energy sources with target on legal regulation of system of support in the Czech Republic. The thesis contains the overview of documents and instruments from international enviroment. As a result of the Czech Republic membership in the European Union the thesis presents instruments of union legislation which due to integration of EU member states legislation and due to marking out obligatory goals aims to opened unified and liberal energy market. The thesis describes historical development of this phenomenon from partial legislation to complex and sophisticated legislation and artificially formed systems of support including and puts them into context with social economic aspects of pursued period of time. Due to comparative method the thesis brings not only comparation of legislation in the course of time in Czech and European background but also evaluate them and try to estimate progress and find possible solution. One of the thesis targets is to provide the comprehensive view on legislation of renewable energy sources from businessmen points of view and put this relationship into context with institute of environment protection.
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Information on the environment
Švecová, Klára ; Franková, Martina (advisor) ; Humlíčková, Petra (referee)
Although these days, we can perceive the right for environmental information as something automated and quite natural in a democratic society, we must realize that it was far from it in the past. Hand in hand with the principle of secretiveness of state administration, the public had virtually no possibility to obtain information concerning not only the state of the environment but also general information concerning almost anything. It is not surprising after all because before 1989, neither the general right for information nor the right for environmental information were protected by law, less alone by the constitution. Nevertheless, the democratic changes which took place after the Velvet Revolution produced changes also in the field of the right for information and this right was, both generally - as a right for information, and specifically - as a right for environmental information, included in the legal regulation of the greatest legal force, the Charter of Fundamental Rights and Freedoms, which became a part of the constitutional order of the Czech Republic on the basis of the resolution of the Czech National Council presidium No. 2/1993 Coll. On the basis of its constitutional protection, the right for environmental information was provided for also by law (Act No. 123/1998 Coll.) and...
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Liability for damage to the environment
Humlíčková, Petra ; Damohorský, Milan (advisor) ; Drobník, Jaroslav (referee) ; Smolek, Martin (referee)
The environmental damage harms or threatens the two groups of interests - public and private. Both types of interests are often damaged by one event. The tort law and public liability including their financial security are therefore functionally interconnected systems, which sometimes overlap. They do not contradict but usefully complement each other. At the international level, there are several treaties governing the liability for transboundary pollution. Only one convention is legally binding and used in practice - CLC liability for oil transportation by sea, conventions on liability for nuclear damage are binding but were never used in practice. All these conventions use the classical scheme of tort law. They apply only to accidents. The liability is always objective with defences (natural phenomenon, force majeure, conduct of a third party). The liable party is always channelled to easily identifiable subject. In the case of multiple liable parties, they are liable jointly and severally. Damage must be quantifiable in money and the amount must be proved by the victim. In the case of harm to the environment, the damage is derived from the costs for reasonable preventive and corrective measures. The compensation for losses is necessary to apply in a certain period of time. These periods are...
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Legal regulation of creation and protection of Natura 2000 network
Dostálová, Kateřina ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
This diploma thesis deals with legal regulation of creation and protection of Natura 2000 network. Natura 2000 is a system of protected areas created in Member States of the European Union which is aimed at preservation and potential renewal of natural habitats and rare and threatened species of wild fauna and flora. The objective of the creation of Natura 2000 network is to ensure the diversity of species and ecosystems, primarily the rare and threatened ones. The network is composed of the Special Protection Areas (SPAs) designated on the basis of the Birds Directive and of the Special Areas of Conservation (SAC) designated according to the Habitats Directive. The introductory chapter deals with historical development of the nature conservation on the Czech territory up to the present and as follows it gives an explanation of the term the Natura 2000 network. The chapter 2 is devoted to the most significant international conventions related to Natura 2000. The Bern Convention has even inspired some articles of the regulation included in the Directives. The chapter 3 is focused on the European legal regulation of nature and biodiversity protection. The nature conservation area comes under the EU environmental policy and it is related to other policies as well. The legal basis is contained in the...
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International conventions and protection of the environment
Pscherová, Kateřina ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
The aim of this thesis is to analyze international environmental agreements. It characterises the process of the making of international environmental agreements, the background in which they are made, the subjects, who take part in the process and generally define the position they have in international law. The focus is to point out their differences from the other international agreements. The second part concentrates on the analyses of the individual agreements, at first the general historical development and then follow the specific groups of agreements, divided by topics with the emphasis on the most important ones.
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Viniculture and wine-production from the legal point of view
Švábová, Pavla ; Damohorský, Milan (advisor) ; Humlíčková, Petra (referee)
This thesis aims to provide an insight into the legal rules governing viticulture and winemaking, and their historical development. Furthermore, the current legal and factual situation as well as the current issues associated with the legislation in these fields are more closely examined in the thesis. An anonymous questionnaire had been created and sent to a selected group of small and medium-size viniculturists and wine producers in the Slovacko wine subregion in order to supplement the research and its aim of presenting the current legislation from de lege ferenda point of view.
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Czech nuclear law
Künzel, Karel ; Damohorský, Milan (advisor) ; Humlíčková, Petra (referee)
89 Abstract The topic of the thesis concerns Czech nuclear law. Nuclear law can be defined as a set of special legal norms adjusting the terms of the nuclear energy and ionizing radiation usage, protection of population and environment against ionizing radiation, radiation accidents solving and treatment of radioactive waste. As such, nuclear law fully adjust the behaviour of all the natural and legal persons who are concerned with activities connected to the nuclear materials, ionizing radiation and natural resources of ionizing radiation. The field of nuclear law is closely connected to the branches of science dealing with the nuclear energy and ionizing radiation usage; therefore, the factual issues of which at least the fundamental knowledge is necessary for the understanding of nuclear law are given space at the beginning of the thesis. In its provisions, Czech nuclear law adjustment also reflect a number of international treaties and European Union regulations. On account of this, the next part of the thesis deals briefly with the international and European nuclear law adjustment. Important international organizations of the field are mentioned as well. The core of the paper consists in the part concerning the outline and analysis of the present adjustment of Czech nuclear law. The taxonomy of this...
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Legal regulation of protection against pollution from mobile sources
Kolafa, Jan ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
Thesis: "Legal regulation of protection against environmental pollution by mobile sources" The thesis is divided into two comprehensive thematic units. The first part deals with legal protection against air pollution and includes a brief outline of the factual issues. The first section of the part is devoted to the substantive definition of the problem and to the description of the basic physics aspects and ecological aspects of the subject-matter. The emphasis is on phenomena closely related to the impact of mobile sources on the environment. The next section deals with legal regulation of the pollution. The section is then divided into parts, one focusing on international legislation, with the emphasis on major international agreements and also on the ground-breaking conferences in the field of air pollution. There is also a short historical outline of the development of international arrangements. The following section concentrates on EU legislation and its historical development. The core of the paper is the section dedicated to Czech legislation, which is further divided into several parts. Except for the historical outline it also contains a description of the new legal regulation in the field of environmental protection (primarily the new law on protection against air pollution). The end of...
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The protection of land ownership rights against unlawful interference
Frýba, Milan ; Franková, Martina (advisor) ; Humlíčková, Petra (referee)
The thesis deals with the protection of land ownership rights against unlawful interference. The aim of the thesis is to present and analyze interference with land ownership and outline means of protection against unlawful interference. This thesis pays attention to new Civil Code and comparison with current regulation. Thesis also includes relevant decisions issued by the Supreme Court, the Supreme Administrative Court and the Constitutional Court of the Czech Republic with regard to protection of land ownership. The thesis is composed of three main parts. The first part is introductory and defines basic terminology used in the thesis. This part describes land ownership and its specific features. The following part describes and anylyzes what is meant by interference with land ownership. This part ilustrates interference allowed or recognized by law and unlawful interference. The interference with land ownership can be caused by public authority or by other people. This part also explores interference with land ownership within neighbour relations. Special attention is given to interference with ownership regarding entry to land, on the basis of selected legal regulations that are related to land ownership and environmental law. The third part is subdivided into two subparts and provides overview...
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