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Liability for environmental administrative offenses
Pouska, Tomáš ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
Liability for environmental administrative offenses Abstract The subject of this diploma thesis is the institute of liability for environmental administrative offenses, which consists of two separate legal branches, namely environmental law and administrative law, which intertwine and form a comprehensive system of environmental protection and its components. The mechanisms of this protection include, in particular, prohibitions and orders for certain conduct, various forms of preventive action and, in particular, instruments of a sanction character. The concept of legal liability, which occurs in several types, is associated with sanction instruments, while in the protection of the environment the most widespread legal liability is tort legal liability, specifically administrative offence liability. This issue is still very topical, as on 1. July 2017 there was a new legal regulation of this type of liability and the anchoring of important institutes, which have so far been inferred only by analogy of law and court case law. The diploma thesis elaborates the theoretical basis of environmental protection and provides a comprehensive view of the fragmented legal regulation of legal liability in relation to environmental administrative offenses. Due to the considerable scope of the topic, the substantive...
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Disposition of land in Czech law and the law of Israel
Falteisková, Sabina ; Franková, Martina (referee)
Disposition of land in Czech law and the law of Israel Abstract The main goal of the thesis is to analyse and compare the legal regulation of disposition of land and its protection in the Czech Republic and the State of Israel and answer the question whether the Czech legislation and the State of Israel can benefit from such regulations. Protection of land from degradation is absolutely crucial task that in the light of climate change, accompanied by extreme drought along with social and economic development becomes very actual. The thesis deals with the land and its peculiarities in the legal sense, which together with other factors significantly affect the relationship to land. The introduction to the issue is given by a part of the work devoted to the history and geography of both countries, focusing on the current state and major environmental problems. Emphasis is placed on the legal development over the last hundred years in relation to land-legal relations. Furthermore, the thesis focuses on defining current ownership relations and on the context of land disposition in both countries. Both the private-law structure and the public-law organization of these relations, which are significantly different in both countries, are described in detail. In this respect, much of the attention is focused on the...
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Legal Framework of Conditions for Game Hunting
Pečinka, Jan ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
Legal Framework of Conditions for Game Hunting The aim of this rigorosum thesis is to describe and compare the legal regulation of game hunting conditions in the Czech Republic. It focuses especially on the legal regulation of the conditions for game hunting according to the Hunting Act and the legal regulation of the conditions for fishing according to the Fisheries Act. Generally, the thesis also analyses the common terms related to fishing and game hunting (eg. the terms fishing district or hunting ground). The attention is paid not only to the current legislation, but the work also covers the historical development of the legal regulation of conditions for game hunting and fishing. Hunting has been accompanying humans since time immemorial and its conditions have evolved over time as society has evolved. This thesis also deals with the rules of game hunting contained in the Act on the Protection of Animals against Cruelty and in the Act on the Protection of Nature and the Landscape. Both acts provide a general framework for the hunting of animals and fishes, which is further elaborated in the Hunting Act and in the Fisheries Act. The thesis accentuates the legal regulation of the conditions for game hunting, which is contained in the legislation of European Union and in different international...
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The ownership right to land and its restriction by underground construction of another owner
Hradilová, Miluše ; Franková, Martina (advisor) ; Damohorský, Milan (referee)
Ownership of Land and Its Limitations by Underground Construction of Another Owner Abstract The thesis deals with the ownership of the land and its potential limitations, which have caused in the existence and operation of another entity's underground structure beneath its surface. The focus of the thesis is on defining the property as a three-dimensional body, focusing attention on the space beneath the Earth's surface, which is the optimum place to house structures providing activities that, due to technical, economic or environmental reasons, are not suitable to be placed and operated on the surface. In order to determine the scope of ownership of the subsurface land, the land is defined as a matter in legal terms and an object of land ownership and the possibility of determining the horizontal boundary of the land on a vertical axis in the direction below the Earth's surface is examined. The thesis encapsulates the current theoretical concepts of property law, constitutional guarantees, content, and internal limits. It also points out the limitations of the landowner by the Institute of Purpose Land Categorization, which aims to achieve optimal land use as a key component of the environment. Subterranean construction is further defined in the thesis and the criteria crucial for determining an...
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Renewable energy sources support yesterday, today and tomorrow
Měsícová, Gabriela ; Pokorný, Jiří (advisor) ; Franková, Martina (referee)
Renewable energy sources support yesterday, today and tomorrow Abstract The diploma thesis deals with the issue of amendment to the Act on Supported Energy Sources 165/2012 Coll. It specifically focuses on the topic of auction mechanisms used as a tool for determining state aid. Over the past few years, these mechanisms have been successfully replacing the existing European renewable energy sources (RES) support systems and are also recommended by the European Commission, which considers them best option for the internal market. The thesis maps the historical development of RES support in Europe and consequently also in the national context, taking into account international commitments, and revealing the motivation for the reform of the existing system. It also focuses on the principles of auction mechanisms in theory, using in particular foreign literature, and monitors in particular approaches to providing pre-contractual certainty for both investors and the state, the way in which auctions are affected by the volumes of energy demanded or the lack of competition, as well as considering the advantages and disadvantages of each auction pricing approach. Consequently, the thesis follows the practical implementation of auctions in Germany and Poland, noting the specific mechanisms that these neighboring...
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The Functions of the Land Registry
Pešek, Martin ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The Functions of the Land Registry Abstract This diploma thesis deals with functions of the Czech Land Registry. After an introductory part describing the basic features of the Land Registry, individual approaches to its functions are debated. The following is an explanation of the recording, information, protective and intabulation function, which discusses the essence of each function and lists the institutes of effective legislation that are associated with these functions. In addition, shortcomings in effective legislation or inconsistencies of interpretation are mentioned, and, in some cases, a possible solution is formulated. The recording function consists in recording a certain set of data. First of all, the subject of registration is introduced, ie individual real estates that are registered in the Land Registry. The content of the Registry consists of specified data regarding real estates and regarding persons. The information function is related to the designation of the Land Registry as a public list and to the regulation of formal publicity. All forms of data provision are also presented. If the recorded data are reliable, complete and corresponding to the actual state, then the protective function is also fulfilled. Its enshrinement in the Civil Code and the regulation of material publicity...
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Legal instruments of the soil protection
Kolářík, Pavel ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
This diploma thesis is focused on legal instruments of soil protection. Soil is one of the basic components of the environment and it is an integral part of it. Soil is a necessary prerequisite for humans and other terrestrial organisms' existence. In recent decades, however, soil is undergoing considerable degradation, mainly due to anthropogenic activity. Therefore, it is essential to ensure its protection. Law is currently probably the most effective tool to achieve this goal. This thesis contends the most important legal instruments for the protection of this component of the environment. This thesis does not mention all conceivable legal instruments for soil protection as this component of the environment represents the basis for any human activity and thus it interferes widely to many areas of branch of law. This thesis is divided into eight chapters. The first three chapters are focused on the general characteristics of basic and key concepts. The first chapter deals with basic concepts such as the environment and soil, then with a description of degradation factors that threaten and damage the soil. The second chapter deals with the general definition of legal instruments used to environment protection in Czech law. It includes, in particular, conceptual, administrative and economic tools....
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The restrictions of the ownership of real property for the purpose of nature and landscape protection
Víšková, Kateřina ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The restrictions of the ownership of real property for the purpose of nature and landscape protection Abstract This diploma thesis focuses on restrictions of the ownership of real property for the purpose of nature and landscape protection, which are regulated in Act No. 114/1992 Coll., On nature and landscape protection. The thesis is divided into two parts. The first part focuses on the general bases of the legal regulation of the restriction of the ownership of real property due to nature and landscape protection and contains four chapters. The first chapter defines essential legal institutes. The second chapter contains sources of regulation at international, European and national level. The third chapter discusses generally the conflict of property right with the right to a favourable environment. The fourth chapter deals with individual ways of limiting the property right. The second part discusses specific restrictions on the right to property and is also divided into four chapters. This is the fundamental part of this thesis. The first chapter of this part is devoted to the modification of the subject of property rights to protect nature and landscape. The second chapter deals with the modification of the property rights in terms of disposition limitation. The third chapter divides the individual...
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Environmental legal aspects of climbing
Kyloušková, Nikola ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
The presented thesis analyzes legal regulation concerning protection of nature and landscape in relation to climbing in the Czech Republic. The aim of the thesis is to create a comprehensive overview on legal aspects of climbing and its critical analysis. For these reasons the thesis attends to another activity closely connected to climbing which is movement of persons in free nature. Rights of owners of properties as one of the important private law aspects is considered as well. The key part addresses itself to legal regulation of climbing in specially protected areas which are important locations for the subject activity. Conclusions of the thesis are based on not only legislative and regulatory acts, but many administrative decisions and measures of general nature issued by nature conservation authority. The thesis is divided into six thematically intertwined chapters. These chapters pursue a definition of climbing, an identification of reasons for which law regulation is needed and mainly presentation and analysis of legal regulation and legal aspects of climbing including issues of responsibility according to both private and public law. The thesis may serve specialists in the field of law as source of information on the subject activity as well as on partial legal institutes of protection of the...
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The Right to a Favourable Environment in Case-law of the Czech Courts
Krejčíčková, Šárka ; Franková, Martina (advisor) ; Pokorný, Jiří (referee)
The Right to a Favourable Environment in Case-law of the Czech Courts Abstract This diploma thesis deals with the right to a favourable environment as it is contained in the decisions of the Czech courts. The main objective was to provide a complete overview of the development of case-law in this area, with an emphasis on some related problems. Presented diploma thesis points out especially on the unclear conception of the holders of the substantive right to a favourable environment in contrast to the substantive rights belonging to participants in environmental protection proceedings and strives for illustrating the interpretative difficulties associated with this double-track which occurs actually in the Czech legal order. Apart from other things, this thesis aims to point out to the current question, which was submitted to the Constitutional Court of the Czech Republic, i.e. whether the amendment to the Act of the Czech National Council no. 114/1992 Coll. on Nature and Landscape Protection is consistent with constitutional principles on the protection of public interests and assumptions of international law, especially whether it complies with the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (hereinafter also referred to as...
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