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Legislation of a general territorial protection of nature and landscape
Zavadilová, Tereza ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
This thesis provides a basic overview of the Czech legislation on the general territorial protection of nature and landscape. The primary source of this thesis is the Act no. 114/1992 Coll., on the Protection of nature and landscape protection. The thesis is divided into seven chapters. The first chapter is to introduce a protection of nature and landscape and to explain the terms and legal instruments related thereto. The following two chapters focus on international and mainly European developments and documents that have influenced the legislation of the general territorial protection. The fourth chapter briefly describes the historical background of the Czech legislation. The main part of this thesis is concentrated in the fifth chapter which deals with individual tools of a general territorial protection of nature and landscape, ie. territorial systems of ecological stability, significant elements of the landscape, protection of trees outside forests, protection of inanimate nature, landscape character, natural park and temporarily protected area. These institutes are examined in terms of the rules contained in the Act no. 114/1992 Coll., on the Protection of nature and landscape, in the context of laws that amend the act. The sixth and seventh chapters deal with issues relate to a legal...
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Legal Regulation of Animal Protection Ex Situ in USA and the Czech Republic
Štíbrová, Andrea ; Stejskal, Vojtěch (advisor) ; Damohorský, Milan (referee)
Legal Regulation of Animal Protection Ex Situ in USA and the Czech Republic This thesis aims to compare the legislation of animal protection ex situ in the Czech Republic and USA. The content is systematically divided in two sections. First section focuses on different law systems, which is international, national and local legislation. Second section explains the law used in different institutions that provide ex situ protection, such as zoos, aquariums, wildlife sanctuaries, etc. The thesis describes different legal approaches and uses several examples for a practical comparison. In its conclusion the thesis sums up the negatives and positives of each legislation and their overall quality and efficiency. The thesis also points out some of the desirable solutions to some current problems and a possible development in the area.
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Criminal liability in environmental protection
Valová, Zuzana ; Stejskal, Vojtěch (advisor) ; Snopková, Tereza (referee)
The name and the central topic of this thesis is "Criminal Liability in Environmental Protection" and it is divided into two main parts. Firstly, it is an analysis and a description of a valid legal regulatory framework of criminal liability in environmental matters within the Czech legal system with a full description of each of the offences against environment under the new Criminal Code, Act N. 40/2009 Coll., as amended. The focus of the second part is on the international illegal trade in wildlife and the problems of enforcement. First chapter of this part is dedicated to the Convention on International Trade in Endangered Species of Wild Fauna and Flora. In the second chapter I focus primarily on the problems of enforcement, which remain even though wildlife crime (and environmental crime in general) seems to benefit from an increasing profile amongst agencies tasked with its control. The last chapter of this part aims to explain the term "Situational Crime Prevention".
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The institution of an authorized inspector (surveyor) in case law of Czech courts
Štulík, Petr ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
This diploma thesis concentrates on approved inspector's activities and protection of the concerned persons' rights especially from the perspective of jurisprudence. Original intention of the legislator was to unburden the builders and building Authorities by introducing the possibility to use the authorised persons' services. That person was located on the border of private and public law. This status was not defined correctly by the lawmaker and it resulted in many legal disputes. It was necessary to react by adoption of the complex amendment. Aim of the thesis is to analyze the legislation and to pronounce if the original intention of the legislator was fulfilled. Also to proposese changes for the future legislation.
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Legal regulation of the protection of animals against cruelty
Udržalová, Tereza ; Snopková, Tereza (advisor) ; Stejskal, Vojtěch (referee)
This thesis deals with the legislation related to the protection of animals against cruelty. The focus is mainly given to the present legislation, though the historical development is mentioned as well. The international and european legislation is resumed in the thesis as the european legislation has signifiant impact on the czech one. However the utmost focus is given to the czech legislation. The fundamental legal regulation in the domain of protection animals against cruelty is Act No. 246/1992. The main aim of this thesis is to provide comprehensive review of legislation, which concerns with the given domain of law and its projection into the practice.
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Legal regulation of protection of animals in human care
Nemravová, Veronika ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
This rigorous thesis analyzes in detail the legislation relating to the protection of animals in human care. It is divided into four chapters. The first chapter is dedicated to ethical and legal history of animal's protection and describes the basic terms including animal welfare. The second chapter deals with the legal sources of this protection at international, European and Czech level. The conventions of the Council of Europe concerning the protection of animals in human care are mentioned. The protection of animals has become one of the priorities of the Europen Union and also the new strategy for improving their living conditions was adopted. Czech legal history of animal protection is mentioned too. The thesis refers to Czech legislation of this area including latest novelization. Next chapter analyzes the protection of animals in human care in the Czech Republic in detail. The basic law related to the animal protection against cruelty is the Act No 246/1992 Coll. This act prohibits the cruelty to the animals and defines the activities which are considered as a cruelty to the animals. The issue of homeless and abandoned animals is discussed. In a a case of the cruelty to the animals, the punishment is administrative or criminal penalty. Last chapter deals with the categories of animals. The...
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The efficiency of the Packaging Act in the Czech Republic
Khudhurová, Rita ; Stejskal, Vojtěch (advisor) ; Kusák, Martin (referee)
The submitted thesis deals with the Packaging Act representing the basic legislature, which was necessary to implement into the Czech legislature based on the European EU law. This Packaging Act no. 477/2001 is the first legal Act of its type in the Czech Republic. Apart from this Act, the thesis also deals with relevant relations, which are based on the general waste management as given in the Act no.185/2001, Coll. on Waste. Management of packaging and packaging waste, similarly to general waste, is governed by the hierarchy of waste management based on the Waste Act. This acute topic, i.e. waste, has been solved with for a long time. Today the society prefers waste prevention, followed by its re-use and use of waste. Only the last option is to remove waste by putting it to dump yards. The European directive no. 94/62/ES on Packaging and Packaging Waste in the wording of the guideline no. 2004/12/ES determines the limits and deadlines until when these limits must be achieved in individual European states. These limits relate to the minimum and maximum quantity of used packaging waste. The Packaging Act imposes to persons, who launch packaging or packed product to market, also other duties, such as reduction of packaging's weight and volume upon preservation of their functional features,...
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Restrictions of exercise of proprietary rights in protective zone
Bayerová, Michala ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
Restriction of the exercise of the property rights in the protective zones The topic of the Master's degree thesis is focused on the issue of the protective zones especially in terms of restrictions of the exercise of the property rights. The work is primary based on the somewhat disparate legal regulation contained in a number of specific regulations. Besides the applicable law, the work examines the legal literature, periodicals, as well as the case law of the Czech courts. The main contribution of this work is to provide a comprehensive comparison of the two constitutionally guaranteed rights: property right and the right to a favourable environment, and the provision of a list of specific prohibitions and commands arising from the existence of protective zones. The work is divided into three chapters, while the topic of the work proceeds from general to particular and from the regulation of protective zones contained in the legislation of the highest legal force, followed by specific regulation and implementing regulation. Chapter one focuses on constitutional, private law and theoretical background of protection of property rights and the right to a favourable environment. Conclusion of the chapter deals with the solutions of the collision of these constitutionally guaranteed rights. This...
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Role of Courts in Environmental Protection
Šnejdrlová, Zuzana ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
TITLE: Role of Courts in Environmental Protection AUTHOR: Zuzana Šnejdrlová SUPERVISOR: Prof. JUDr. Milan Damohorský, DrSc. ABSTRACT: This thesis deals with the role of courts in protection of the environment on the international, European and national level, when on the national level it deals with the areas of constitutional and criminal law. Based mainly on the analysis of activity and the case law of the courts, the aim of the thesis is mainly to determine the development of the role of courts in protection of the environment, which means whether the number of cases brought before court increases and whether court decisions affect protection of environment positively or not. To achieve this objective, methods as abstraction, analysis, synthesis, deduction, comparison and statistics are used. Using these methods it was found out that although case law in certain areas of protection of environment is fragmented and not much rich, which is mainly due to the fact that this area of law is young and dynamic and the substantive law is fragmented and unclear, the role and importance of the courts in protection of environment grows with the increasing number of cases handled. The issue and the problem to face in the future will be enforcement of judicial decisions. KEYWORDS: Environmental Protection, Role of...
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Legal regulation of hunting management
Písková, Ivana ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
The legal regulation of hunting Thesis on hunting legislation is aimed at showing the current legislation, hunting in the Czech Republic, in particular the analysis of the Hunting Act No. 449/2001 Coll., Other laws relating to the protection of nature and animals and ultimately implementing regulations of these laws. The work also focuses on the forthcoming amendment to the Hunting Act. The thesis contains rules in force on 1 March 2013.
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