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First instance hearing of an administrative delict of natural person
Štádler, Jiří ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
First instance hearing of an administrative delict of natural person Abstract Subject of this thesis is first instance hearing of an administrative delict of natural person. It is focused on procedural rules which are provided mainly in Act No. 250/2016 Coll. on Liability for Administrative Delicts and Proceedings on Them. In addition to the act on administrative delicts this thesis analyses subsidiary application of Act No. 500/2004 Coll. Administrative Procedure Code and Article 6 of the European Convention on Human Rights focused on legal status of an accused person. This thesis aims to: define proceedings of administrative delicts; define differences between proceedings of administrative delicts and proceedings of criminal delicts; define individual subjects of proceedings regarding administrative delicts and their procedural rights and obligations focused on rights and obligations of an accused person; analyse individual stages of proceedings of administrative delicts including actions preceding the initiation of proceedings. In accordance with the goals, this thesis characterises proceedings of administrative delicts as a special type of public proceedings in which an administrative body determines guilt of a particular person. It compares proceedings of administrative delicts and proceedings of...
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Public guards
Ullrichová, Barbora ; Rajchl, Jiří (advisor) ; Millerová, Ivana (referee)
Public guards Abstract This thesis deals with the topic of public guards. Its main objective is to provide a relatively comprehensive view of this institute. Currently, four kinds of public guards exist in our legal system, namely forest guards, hunting guards, fishing guards and nature guards. Today already non-existent field and water guards are also marginally mentioned. The thesis itself is divided into seven parts. The first one deals with the position of public guards from the perspective of administrative, constitutional and criminal law, where within the system of public administration they are referred to as indirect executors of the state administration, and within the criminal law they are positioned as public officials. In the following parts of this thesis the individual public guards are defined from the point of view of their purpose and goal, the historical development of legislation, current legislation, and further according to terms of provisions and repeal of provisions, their entitlements and duties. At the same time, at the end of each part, the individual public guards are defined against other figures and functions for whom they could be exchanged by public. Subsequently, a comparative part is included within which the most fundamental legislative differences of individual public...
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Reviewing the decision on an administrative delict
Marková, Monika ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Reviewing the decision on an administrative delict Abstract This diploma thesis deals with the reviewing the decision on an administrative delict, i.e. the reviewing performed by administrative authorities, but also by courts. The objective of this thesis is to define the basic terms and principles used in the reviewing the decisions on an administrative delict, and to further focus on individual means that allow the reviewing the decisions on an administrative delict. These individual means are discussed in the thesis, and there are also outlined their problematic aspects. The partial objective is to think about the current legislation in connection with the matter, whether such amount of various means is needed and whether this purposefully ensures the fulfilment and protection of rights. This thesis is divided into four basic parts. The first chapter is dedicated to sources of legislation and the influence of international and criminal law on the reviewing the decisions on an administrative delict. In the second chapter, there are defined the basic terms of the reviewing the decisions on an administrative delict, and there are further elaborated the principles that manifest themselves in the reviewing the decisions on an administrative delict. The means allowing the reviewing the decisions on an...
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Liability of legal entity for an administrative delict
Kukla, Lukáš ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The topic of this Master's thesis is the liability of legal entities for administrative delicts. With the adoption of the act number 250/2016, on the liability for administrative delicts and the proceedings on them, a legal regulation regulating administrative delicts and misdemeanours was unified under a single category of administrative delicts. This act newly regulates the administrative liability of legal entities. The aim of this thesis is to analyse individual factors of liability of legal entities for administrative delicts. The first chapter outlines the historical development of the administrative liability of legal entities from antiquity to the current legal regulation with a focus on the development of this legislation in our country after the year 1918. The chapter concludes with the reform of administrative punishment. The second chapter offers a brief discussion of the sources of legal regulation of liability for administrative delicts. The third chapter focuses solely on the concept of a legal person from the point of view of the Civil Code and of the term administrative delict, its material and formal aspect. The fourth chapter deals with the basics of liability of a legal entity for a delict. It focuses on the conditions under which a legal entity is the perpetrator of a delict....
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Regulationship between delicts and criminal offences
Parýzková, Julie ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Relation between Administrative and Criminal Offenses Abstract This thesis deals with the analysis of the relation between two public offenses; administrative offenses as delicts of administrative law to criminal offenses as delicts of criminal law. The thesis introduces the historical development in the Czech lands, illustrating the origin of the division of offenses of public law and its gradual transformation over time. The chapter on history concludes with the description of the models of relation between administrative and criminal offenses which have arisen in civil law over the course of history. It is followed by an analysis of the conceptual features of offenses de lege lata, in which the definition of an administrative offense is compared to the definition of a crime. The main topic of the thesis is the boundary between administrative offenses and criminal offenses, which compares the current legal regulation with the theoretical basis and further analyses the aspects of the division of public-law offenses with the indication of alternative possibilities of this division. The thesis also looks at criminal records and the influence of European Union law in determining the boundary between offenses and crimes. Furthermore, the thesis deals with the comparison of administrative and criminal...
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Licence to operation of radio and television broadcasting
Kopecký, Pavel ; Rajchl, Jiří (advisor) ; Millerová, Ivana (referee)
Authorisation to radio and television broadcasting Abstract This thesis entitled Authorisation to radio and television broadcasting deals with issue of regulation of access to medial market in the Czech Republic. This thesis is based on analyse of legislation and case law of administrative courts. Main source of broadcasting regulation is Radio and Television Broadcasting Act no. 231/2001. There are two administrative acts authorises to broadcasting and rebroadcasting. Administrative act called licence authorises to broadcasting while registration authorises to rebroadcasting. Both licences and registrations are granted by Council for Radio and Television Broadcasting. This thesis primarily deals with granting, changes and termination of this administrative acts. This thesis is divided into ten parts. Part One deals with reasons of regulation of radio and television broadcasting by state. Broadcasting is primarily regulated because of limited resources and protection of public interests and some social wide values. Part Two briefly describes legislation related to broadcasting and its evolution after 1990. Part Three focuses on legal term broadcasting and rebroadcasting according to Radio and Television Broadcasting Act. This part compares single elements of broadcasting and rebroadcasting. Part Four...
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Development of Administrative Delict Law
Hausman, Jiří ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The topic of this thesis is the development of Infraction Law throughout time. The objective of the thesis is to provide a general outline of when the current Czech Law adopted the legislation for infractions and the form the Infraction Law (both procedural and material) took in its later developmental phases. Another objective of the thesis is to determine what changes have been introduced into the Infraction Law throughout time. The sources I used to prepare this thesis were the relevant legal documents specifying the legal regulations of Infraction Law, the available periodical literature, as well as the judicial decisions issued in this legal area. The thesis is divided into six chapters in total. The first chapter defines two of the basic important concepts. The second chapter provides a chart of the development of Infraction Law since its conception in the year 1787 until the formation of the Czechoslovak Republic in the year 1918. This chapter is further subdivided into three sections. The first section describes Infraction Law during its first developmental phase, which is the time its formation took place. The second section presents a map of the development of Infraction Law in the period between 1803 and 1852. Last but not least, the third section is dedicated to the development of...
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Municipal by-laws to secure local public order
Sobotková, Kamila ; Rajchl, Jiří (advisor) ; Millerová, Ivana (referee)
1 Generally binding regulations of municipalities for securing local issues of public order Abstract This master thesis deals with generally binding regulations of municipalities for securing local issues of public order in pursuance of finding out to what extend and quality the municipalities do use the authorisation for lawmaking in independent competence while regulating the activities that disrupt public order; and also in pursuance of finding out how the individual municipal councils base their decisions on the knowledge of the local environment. In the introductory part the essential terms for better understanding of the area are defined. There are terms as municipality, public order, public place and generally binding regulations, while the understanding of the imprecise legal concept of public order is compared to the interpretation in neighbouring countries. Furthermore, the history of municipal self-government from the year 1848 up to the present day is summarized while presenting its importance and focusing on municipal lawmaking in independent competence. Considering that the approach of the Constitutional Court to the enabling provision of Article 104, paragraph 3 of the Constitution of the Czech Republic has developed, this thesis also analyses this genesis that is nowadays important for the...
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Act on Undertaking de lege lata and de lege ferenda
Štainc, Richard ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
As the title of the submitted thesis "The Act on Undertaking de lege lata and de lege ferenda" follows, this thesis deals first with the valid Czech law of undertaking. For the purpose of a comprehensive assessment of the legal status of specific legal institutes and selected legal regulations, comparative approaches and historical interpretation were undertaken in the work in numerous places. I have gradually paid attention to current problems or problems that may arise in the future. I therefore dealt with the qustion of the legality of the exhibition of dead human bodies from the point of view of the Czech legislation in force at the time of its realization, as well as the current legal regulations, when for several reasons I came to the conclusion that such exhibition contradicted a number of provisions of the current legislation and there certainly will be no changes in the future. I continued to pay attention to the lawful forms of burial of human mortal remains. Here, as in other places of work, I have pointed out the possibility of conflict of two or more existing legal norms, according to which the participants in legal relations can interpret their rights and obligations differently. The chapter on the preserving of human mortal remains before the funeral addressed some of the...
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Act on Undertaking de lege lata and de lege ferenda
Štainc, Richard ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
As the title of the submitted thesis "The Act on Undertaking de lege lata and de lege ferenda" follows, this thesis deals first with the valid Czech law of undertaking. For the purpose of a comprehensive assessment of the legal status of specific legal institutes and selected legal regulations, comparative approaches and historical interpretation were undertaken in the work in numerous places. I have gradually paid attention to current problems or problems that may arise in the future. I therefore dealt with the qustion of the legality of the exhibition of dead human bodies from the point of view of the Czech legislation in force at the time of its realization, as well as the current legal regulations, when for several reasons I came to the conclusion that such exhibition contradicted a number of provisions of the current legislation and there certainly will be no changes in the future. I continued to pay attention to the lawful forms of burial of human mortal remains. Here, as in other places of work, I have pointed out the possibility of conflict of two or more existing legal norms, according to which the participants in legal relations can interpret their rights and obligations differently. The chapter on the preserving of human mortal remains before the funeral addressed some of the...
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