|
|
Administrative discretion and indefinite concepts of law
Petrmichl, Václav ; Vedral, Josef (advisor) ; Rajchl, Jiří (referee)
Cizojazyčné resumé My diploma thesis deals with the issue of the administrative consideration and indeterminate legal terms. In first chapter are mentioned theoretical fundamentals of administrative consideration and analysis of application principles. There are also described main conceptual features - provision of law as a legal basis, freedom in decision making proces and possibility to choose an optimal solution of the issue, conclusion, that discreation is not an inherent attribute of decission making proces within public administration, limits of dicretion, which can be deduced from provision of law (concretised limits) and basic principles of public law (general limits) and finally legal requirements for reasoning for the decision, based on administrative consideration. Second chapter describes indeterminate legal terms. At first text clarifies process of interpretation and subsumption facts under such terms, explains reasons and consequences of using this terms in law regulations. Chapter three deals with very common phenomenon - coexistention of administrative consideration and indefinite legal terms in one legal provision. Author analyses relations between them and then reccomend, with respect to judicial conclusions, how to carry out the process of aplication properly. In chapter four author...
|
|
|
Electronic signature in administrative procedure
Jandora, Tomáš ; Handrlica, Jakub (advisor) ; Rajchl, Jiří (referee)
1 Abstract As a topic of the diploma thesis I have chosen the issue of electronic signature in relation to administrative proceedings. The field of electronic communication is incredibly diverse and it is growing very dynamically. For this reason, I found the topic interesting and usable in the future. There have not been many theses on this topic yet, so I did not have to solve the problem that it was not original. I have always had a positive attitude towards digital technology. At the same time, I was fortunate that I could have always been informed about information technologies by someone who was interested in the issue much earlier. No matter whether it was more experienced family member, high school teacher who by far exceeded the capacities of the educational institution, or patient colleague at work. As stated at the beginning, this work could not have been finished without the contribution of my father, who has been involved in the issue of electronic signatures for a long time, and who brought me to the idea of choosing this topic. The aim of this work was to describe possibilities of application of electronic signing in administrative proceedings, or in communication with public authorities. However, a simple description of the legislation, which is presently in practice, would not be...
|
|
|
Regulation of lobbying in the Czech Republic including a proposal de lege ferenda
Kislingerová, Gabriela ; Svoboda, Petr (advisor) ; Rajchl, Jiří (referee)
Regulation of lobbying in the Czech Republic including a proposal de lege ferenda Transparent lobbying and his regulation is natural and necessary part of functioning of democratic states. Regulation of lobbying done by legislation is supposed to be a fundamental element of transparency of democracies in 21st century; an essential element of an integrated system of development in approximation of civil society and public institutions, mutual trust and transparency in mutual relations. Regulated lobbying should enable citizens of a democratic society to exercise their right to public control of processes associated with the formation of laws, legal norms of lesser legal force and other important decisions. This thesis describes the current situation (March 2016) in the regulation of lobbying in the Czech Republic and choses, by author, suitable alternatives of solution to the lobbying regulation in the future. Due to the fact that lobbying is not regulated or defined by any law in the Czech Republic, lobbying is often pejoratively confused with corruption and generally misunderstood and negatively perceived by the public. The aim of the thesis is to present possible views on the solution to the problematic of regulation of lobbying in Czech Republic. The thesis is divided into two chapters. The...
|
|
|
Legal Regulation of Prostitution in the Czech Republic
Chocholoušová, Karolína ; Vedral, Josef (advisor) ; Rajchl, Jiří (referee)
Legal Regulation of Prostitution in the Czech Republic Abstract Prostitution and questions about its legal framework have accompanied humanity since time immemorial. For many centuries periods of prohibition, when prostitution was banned and prosecuted, alternated with periods of regulation, when prostitution was allowed within the legal framework on the territory of the present-day Czech Republic. Since 1992 an abolitionist approach to prostitution has been in place, meaning that prostitution is neither prohibited nor expressly permitted by law. The only regulatory element in the current concept of abolitionism is the power of municipalities to issue generally binding by-laws to ensure local public order. Using by-laws, municipalities are allowed to regulate or even ban prostitution from local public grounds. Since the establishment of the independent Czech Republic, several proposals have emerged with the objective to "solve" abolitionism, demanding a change in the legal approach either towards repression or, more often, towards the creation of legal framework. However, none of them has yet been adopted. This is partly because there is no general agreement on what is the right "solution" and partly because the adoption of prostitution laws is not in accordance with the Czech Republic's obligations under...
|
|
|
Action for protection against unlawful interference
Fencáková, Silvia ; Rajchl, Jiří (advisor) ; Balounová, Jana (referee)
Action for protection against unlawful interference Abstract This thesis deals with the topic of protection against unlawful interference, instruction or coercion of an administrative authority pursuant to Section 85 et seq. of Act No. 150/2002 Coll., Administrative Procedure Code. The first chapter defines the key elements of a factual intervention as one of the forms of public administration activities, doing so primarily by theoretical comparison with an administrative decision. The chosen approach is primarily guided by the negative definition of factual intervention by an administrative authority contained in Section 85 of the Administrative Procedure Code, which contraposes it with an administrative decision. The first chapter also includes an in-depth analysis of three model examples representing atypical forms of public administration activity, against which, based on the conclusions of court practice, an action for interference may be brought. The second chapter discusses the position of an action for interference within the three basic types of administrative actions, and its relationship to an action against a decision and an action against the inaction of an administrative authority. It also does so on the basis of an analysis of the judicial interpretation of the concept of an administrative...
|
|
|
Administrative Sanctions in The Field of Gambling
Ulrich, Václav ; Pomahač, Richard (advisor) ; Rajchl, Jiří (referee) ; Mates, Pavel (referee)
Administrative Sanctions in The Field of Gambling Abstract The dissertation "Administrative Sanctions in the Field of Gambling" focuses on the description and analysis of the extent to which the specificity of the regulation of gambling is reflected in the interpretation and application of the administrative criminal law in this sector. In this regard, the main attention is paid to how the principles of administrative punishment are applied in dealing with gambling offences, and this analysis is based mainly on specific administrative rulings of relevant administrative authorities, i.e., the Ministry of Finance and customs authorities. The basic aim of this thesis is to assess how the administrative sanctions are applied in the operation of gambling games from the point of view of fulfilling the basic principles and institutes of the administrative criminal law as well as to evaluate the extent to which the administrative punishment contributes to the fulfilment of the point and purpose of this public-law regulation, that is always with specific cases and situations in which the facts of the case of individual gambling offences are presented. Another goal is to assess, inter alia, how the social perception of gambling is reflected in the decision-making activities of administrative bodies responsible for...
|
|
|
Legal regulation of securing availability of humane pharmaceuticals
Verosta, Stanislav ; Rajchl, Jiří (advisor) ; Svoboda, Petr (referee)
Legislation for securing the availability of human pharmaceuticals Abstract Medicinal products are a specific type of goods necessary for effective provision of health services. The Act on Pharmaceuticals entrusts legal instruments to the Ministry of Health, the State Institute for Drug Control and other entities in order to prevent shortages of medicinal products. The goal of this thesis is to introduce and analyse specific instruments that can be used to resolve potential or existing shortages of medicinal products in the Czech Republic. For the purpose of clarity, the diploma thesis is divided into a total of 10 chapters. The first two chapters define the basic terms, which are then used throughout the thesis, and administrative bodies that are important participants in securing the availability of medicinal products. Regarding the basic terms, they are a medicinal product, availability of medicinal products, the marketing authorisation holder and placement of a medicinal product on the market in the Czech Republic. The competence of administrative bodies in the area of securing the availability of medicinal products is also elaborated in more detail in the second chapter. The third chapter introduces the sources of knowledge in determining the potential shortages of medicinal products. The market...
|
|
|
Administrative infractions in construction law
Kratochvílová, Šárka ; Svoboda, Petr (advisor) ; Rajchl, Jiří (referee)
Administrative infractions in construction law Abstract The diploma thesis entitled "Administrative infractions in construction law" focuses on the law of administrative infractions and the specifics of the basic facts of administrative infractions in the field of construction law. The diploma thesis is divided into two parts, namely the general part and the special part. The general part of the thesis aims to introduce the basics of the law of administrative infraction - it consists of the definition of the concept of an administrative infraction and analyses of its basic attributes, the definition of the conditions of liability of individuals, legal entities, and enterprising individuals in administrative infractions and introduction of the issue of administrative penalties, their functions, principles, and basic principles and aspects of their imposition with a closer focus on the administrative penalty of the fine and the principles of determining its amount, for the fine is an administrative penalty that is imposed for administrative infractions under the Building Act. The special part of the diploma thesis addresses the introduction of the system of administrative infractions in the Building Act and includes a thorough analysis of the facts of administrative infractions under the Building Act with...
|
|
|
--The legal nature of the curriculum documents of the Czech Republic's educational system
Švec, Jaroslav ; Staša, Josef (advisor) ; Rajchl, Jiří (referee)
The legal nature of the curriculum documents of the Czech Republic's educational system ABSTRACT This thesis treats the selected set of curriculum documents within the Czech legal framework laid down by the Act No. 561/2004 Collection of Law, on Pre-school, Basic, Secondary, Tertiary Professional and Other Education (the Education Act), as amended. The focus aims towards the Framework Educational Programmes (FEP) and School Educational Programmes (SEP), for which the relevant FEPs were issued. The National Educational Programme according to the Education Act as amended effective until 30. September 2020 is also taken into consideration on a theoretical level. In the times of expecting considerable state-level curriculum documents contents changes, and consequent changes on the school level, this thesis aims to analyse substantial legal aspects of each type of curriculum documents and their mutual effects and to assess, whether the current legal framework reflects their presumed use and meaning appropriately. With that goal, the key notions are defined first though and a brief insight into the curriculum historical development is provided. The thesis identifies an insufficiency within the valid legislation as the legal forms the curriculum documents should take are not laid down and consequently examines...
|
|
|
Freedom of information and public tenders
Baček, Richard ; Staša, Josef (advisor) ; Rajchl, Jiří (referee)
1 Free Access to Information and Public Procurement, Abstract and Keywords Abstract The aim of this thesis is to analyse free access to information of public administration in relation to public contracts, especially in regards with the issue of trade secrets protection in contracts concluded as result of public procurement versus the right to information from public authorities. The thesis focuses on several key aspects of this relationship, the interpretation of which is currently problematic. The thesis examines whether freedom of information legislation applies to all types of contracting authorities, procurements and procurement procedures; whether mandatory disclosures also relate to information on public procurement of the authorities concerned; and whether there may be information provided on request in public procurement. It also focuses on manifestations of restrictions of the right to information in public procurements and manifestations of the right to information in protection of trade secret contained in contracts concluded in public tenders. The thesis defines basic terms of the surveyed area, i.e. the terms "information", "free access", "contracting authority" and "public procurement". It also discusses the freedom of access to information in the context of public administration, reporting...
|
guest ::
RSS feed.