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Criminal lability in environmental protection
Svoboda, Tomáš ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
This diploma thesis deals with the Czech regulation of criminal liability in the area of environmental protection. Apart from provisions of Title VIII of Second Part of the Criminal Code, the thesis also discusses other facts-of-the-crime definitions that are not included in this title, but are relevant for the protection of environment, and certain other issues concerning the general provisions of criminal law, including the criminal liability of legal persons. The thesis also focuses on legislation falling outside the scope of criminal law that can serve as a basis for determination of illegality of these acts.
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Legal regulation of the Environmental Impact Assessment (EIA) in relation to European legislation
Linkeová, Sandra ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
The subject of this dissertation is the process of the Environmental Impact Assessment in relation to the respective European legislation. The dissertation aims at providing a comprehensive analysis of the current Environmental Impact Assessment legislation, including its historical, international and European contexts. The dissertation proceeds in five chapters. Chapter One outlines the general characteristics of the Environmental Impact Assessment procedure and the principles that govern it. Chapter Two examines the development of the Environmental Impact Assessment process in international law, with emphasis on the Aarhus Convention. Chapter Three focuses on the anchoring of the procedure in European law. The core part, then, is Chapter Four, which delineates the separate phases of the Environmental Impact Assessment process as defined in Czech legislation. In the last chapter, the expected changes in the concept of the Environmental Impact Assessment are sketched.
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Legal regulation of the protection of woodspecies
Bubeníková, Štěpánka ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
This diploma thesis deals with legislation concerning the protection of wood plants. The six chapters contained within attempt to provide a cohesive overview of this topic as a whole. Legislation in this field has undergone major changes in the recent past. The core of the thesis is an overview of the current state of legislation as it concerns wood plants growing outside the forest as enshrined in the Act on Nature and Landscape Protection. The first chapter deals with an introductory definition of what constitutes a wood plant growing outside the forest, as well as its functions. The following chapter outlines the relationship between public and private law aspects of wood plant legislation. The issue of ownership and neighbour s rights is focused on in particular. The next chapter lays out the basics of public law legislation in this field. The fourth chapter is the crux of the thesis as it deals with the protection of wood plants growing outside the forest as enshrined in the Act on Nature and Landscape Protection, especially when it comes to the possibility of felling of wood plants. The closing chapters partially deal with special forms of protection as provided by the Act on Nature and Landscape Protection in connection with other relevant legislation. The thesis also briefly touches on...
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Role of the non-govermental organizations in the protection of environment
Sobocik, Jakub ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
Diploma thesis aims at role of societies (as the predominant legal form of environmental non- govermental organizations in Czech republic) in the protection of environment. Author describes legal base of society as a type of legal person in a czech law and describes diverse roles of societies in the protection of environment in the subsequent part of the thesis. Afterwards, author briefly describes right to information in environmental matters which is a prerequistite for the participation of societies in decision-making concerning environmental matters. Individual forms of this participation are described subsequently with accent on environmental impact assessment. Lastly, access to justice in environmental matters of the societies is described, including possibility of arguing by substantive law in administrative law suits and possibility of asking for suspensive effect of this actions before court and possibility to bring an action against provisions of general character. Relevant judicial decisions are also taken into account in this part.
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The Right to Information on the Environment in the Context of Freedom of Information
Pochobradská, Veronika ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
The thesis describes an issue of the constitutionally guaranteed right to information on the environment. The aim is to provide an overview of an effective international and especially national legislation, compare both fundamental acts on information and highlight the insufficiency of the Czech regulation. Apart from the introduction and conclusion thesis contains four chapters. Preliminary presentation of fundamentals and principles of the legislation is followed by summary of sources of law. Attention is given to Aarhus Convention and two acts on information. Following chapters deal with the effective legislation and determine differences in the providing general information and environmental information. An overview of selected judicial decisions is included before final chapter. Particular attention is paid to the obligations arising under the Aarhus Convention and its implementation into legislation. Mentioned are main drawbacks of the regulation and related difficulties in application of law; possible legislation de lege ferenda is outlined as well.
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The regulation of hunting
Flax, Lukáš ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
in english The thesis provides general look at the legal regulation of hunting in Czech republic. Review of legal regulations and selected practice of courts is at given places supplemented with practical notes. As basis for the thesis served the obligations of human society in relationship to nature and animal wild life. The wide range of activities associated with hunting is construed in unity to those obligations. Hunting itself is subject to a short teoretical research, even on the ground of it's ethics. The history of hunting so many times already elaborated has been structured and arranged according to additional viewpoints.
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Protected areas and protective zones of nature and landscape
Fialová, Kristýna ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The diploma thesis deals with protected areas and protective zones of nature and landscape in environmental law. The main themes are National Parks and Protected Landscape Areas. The thesis is divided into eight thematically connected chapters. It deals with international, European and national sources of law. It describes basic characteristics of protected areas; deals with declaring protected areas, protective conditions and other ways of their protection. The separate sections are focus on the system NATURA 2000, Natural Park, Temporarily Protected Area and protective zones. The goal of this thesis is to analyze the law regulation of the land protection and highlight the problems of some institutes
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Protection of soil in protected areas and protection zones
Gotart, Lenka ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
This thesis deals with the legal regime of the protected areas and zones designed to protect the soil.The thesis is divided into seven chapters. The first chapter is devoted to a general definition of the environment and describes the reasons why to protect them. The second chapter deals with soil protection in general, and mainly focuses on the problems they are currently facing with the land protection. The third chapter is devoted to the sources of legislation on the soil protection. Chapter four and five of the thesis includes a central and legal analysis of soil conservation in protected areas and zones in the laws on nature protection and landscape in the Water Act. Each institute is described, defined, and especially emphasize the special legal regime consisting mainly of the bans and restrictions on certain activities in the area through which the soil is being protected. Fifth and sixth chapter focuses on soil protection contained in the Act on spas and mining.
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Superficial Right of Construction in Czech and French Law
Srbová, Alena ; Dvořák, Jan (advisor) ; Stejskal, Vojtěch (referee) ; Petr, Bohuslav (referee)
PRÁVO STAVBY V ČESKÉM A FRANCOUZSKÉM PRÁVU, 2015 Abstract (English) Superficial Right of Construction in Czech and French Law The Superficial Right of Construction is one of the new institutions of civil law after the entry into force of the new Czech Civil Code on January 1st , 2014. But the institute is not quite unknown to Czech law, because it was a part of it until 1964. This fact enables to compare the current legislation with the previous provisions and to follow up the development of the explored institute's concept, both in terms of the shift of its nature from public to private, as well as of its content. It is also possible to identify the characteristics of "new" Czech Superficial Right of Construction which reflect not only the development of law in the last fifty years in general, but also of a similar institute in other (European) countries. One of such an institute is undoubtedly French bail à construction, existing since 1964 which seems appropriate for comparison with Czech Superficial Right of Construction mainly due to its continual development and a fairly frequent practice use in its home country. Apart from the relation of Superficial Right of Construction to the Roman principle superficies solo cedit, identification of the expression and legal nature of the institute, excursion into...
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Criminal liability in environmental protection
Pavelková, Tereza ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
The final thesis is focused on the criminal liability in protection of Environment, meaning on environmental protection using criminal law in the Czech republic. Introductory chapters are focused on explanation of the basic terms, principles, concepts and relations for better understanding of the issue of environmental protection in criminal law. In next chapters the thesis focuses on evolution of the legislation on three levels. First level focuses on international legislation, next level on legislation of the European Union and the third level is focused on national legislation. Closer attention is paid to analysis of the national legislation, specifically the current criminal code no. 40/2009. Follows the interpretation regarding individual crimes against Environment and analysis of the elements of the crime. In conclusion the thesis focuses on reflections, thoughts and possible changes of the legislation in the future.
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