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First-instance proceedings for administrative transressions
Novotná, Martina ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Offence proceedings in the first instance Resumé The offence proceedings are a special type of the administrative proceedings, through which the administrative body adjudicate on the accused of the offence and his guilt and punishment. The purpose of the offence proceedings is to find out solution of a question, if the offence was committed and who is responsible for that. The offence proceedings are regulated mainly in the code no. 200/1990 Sb., Act on Transgressions, and subsidiary in the code no. 500/2004 Sb., Administrative Procedure Rules. Also legal principles are very important and influencing the offence proceedings. The offence is the object of the offence proceedings. The offence according to the Czech legal system is considered as a wrongful act which is injurious to the public as the crime is, but the difference between them is that the offence is less serious than a crime. The participants and the administrative body are the subjects of this type of proceedings. The offences are heard by the administrative body and the administrative body decides on rights and impose the obligations towards the offender. The participants of the offence proceedings are the accused of the offence, the aggrieved party, the owner of the thing, that might be confiscated, and the applicant, who put the petition....
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Proceedings for administrative delicts of legal entities
Hyldebrant, Pavel ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
A heated debate was going on during the past few years among Czech lawyers concerning punishment of legal entities. It culminated as the law on criminal liability of legal entities and proceedings against them was passed. However, this has not solved all the problems of legal regulation of delicts committed by legal entities. The question of reform of administrative punishment remains relevant. The current legislation suffers numerous defects, in particular its incompleteness, which has to be addressed in legal practice by using laws whose primary field of application lies elsewhere; those laws do not address all the peculiarities of administrative punishment of legal entities. While the main discussion is centered on substantive law, proceedings for administrative delicts of legal entities deserve attention as well. My thesis is divided into four parts. The first part briefly outlines the historical development of the proceedings for administrative delicts of legal entities. The second part provides a brief overview of the current state of egislation, focusing on the sources of lw. The third part deals with general principles of law relevant for proceedings for administrative delicts of legal entities, especially the right to a fair trial, as described in the Convention for the Protection of Human Rights...
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Summary and simplified proceedings in Administrative and Criminal Law with a view to procedure for ticketed administrative infraction
Bitterová, Markéta ; Prášková, Helena (referee) ; Vanduchová, Marie (referee)
Resumé This rigorosum thesis deals with summary and simplified proceedings in Administrative and Criminal Law. Its main part focuses on the procedure for ticketed administrative infraction. It consists of six chapters, aimed at exposition of fast - track procedure for the administrative infraction, administrative procedure to issue an administrative order in set of conditions of Rules of Administrative Procedure and Administrative Infractions Act, special procedure on place, summary proceeding in Criminal Law such as issuance of criminal order, summary pre - trial proceeding and simplified single judge hearing. Finally there is a brief reference to European Administrative Law. An introduction and conclusion are included as well. The most comprehensive part of this thesis concerns with an administrative hearing on a ticket. This chapter is divided into several subsections. First of all, I tried to bring out the short development of this legal institute since 18th century. Then I described crucial concepts connected with this theme and mentioned basic legal regulation. The most important item is that the procedure for ticketed administrative infraction can be conducted just under certain conditions. These are that the administrative delict is reliably found out, a reprimand is not sufficient and the accused...
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Proceedings for the granting of international protection
Mašková, Barbora ; Vopálka, Vladimír (advisor) ; Prášková, Helena (referee)
The thesis deals with procedure of asylum and additional protection granting in the Czech Republic. The thesis focuses on characteristic features of the process; primarily the proceeding the application of protection and asylum granting by official authorities. To a certain extent, the thesis copes with substantive law; it defines terms of refugee and asylum law. It enumerates and characterizes the mentioned terms in connection with the process of the asylum and protection granting in the Czech Republic. Impact of the European Union law on the Czech internal law is also discussed.
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Fine and other penalties for administrative transgressions
Špotová, Jana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The topic of this thesis is fine and other penalties for administrative transgressions. The thesis deals mainly with various types of sanctions which can be imposed for committing an administrative delict, as well as with facts that have to be considered while imposing a sanction. The first chapter deals with theoretical aspects of the topic, namely with legal liability, definition of the term sanction, the characteristics of administrative punishment as well as the functions of punishment. The second chapter focuses on the basic conditions and rules for sanctioning the administrative delicts. The chapter deals with legislation of sanctions, the rules for sanctioning administrative delicts in terms of time applicability and also with the current system of sanctions. A part of this chapter is dedicated to releasing from imposing a sanction as a possibility of dealing with administrative delicts without the need to impose a penalty. The third chapter contains an analysis of particular types of sanctions. Each sanction is analysed in terms of its nature and purpose, the conditions for imposing them as well as their effectiveness. The fourth chapter pays attention to the comprehensive topic of determination of the type and rate of a sanction. The first part of this chapter provides the description of the...
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Measure of a general nature
Schagerer, Milan ; Staša, Josef (advisor) ; Prášková, Helena (referee)
55 Summary of thesis - Measures of a general scope This thesis deals with the brand new tool in Czech administrative law, "opatření obecné povahy". Although the term is not used in English, it can be translated as "measures of a general scope". It was incorporated into Czech law in 2005, after hasty and not very well prepared procedure. It was electronic communication act, that brought this institute into the life in 2005. This has been subject of criticism until these days. The main reason is that it overtook general legislation incorporated in the Code of administrative procedure. In other foreign countries, the most often use for this institute is in traffic signs. It is simple and very well understandable thing, which helps authorities to know and learn how to use measures of a general scope. In our country, the first act that used it, was the one dealing with one of the most complex systems - telecommunications. As it is described in this thesis, it wasn't understood by authorities at all. Courts are dealing with cases in which measures of a general scope are used as acts or decisions, not as hybrids as which they were developed (in one case, it was even used as instruction for towing a car parking in the wrong spot). In general, measure of a general scope stays between regulations as general acts, and...
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Sanctions for administrative delicts and protective measures
Moravec, Ondřej ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This thesis deals with sanctions and protective measures. The thesis primarily discusses types of sanctions and protective measures that may be imposed for administrative delicts; it also addresses circumstances to be considered in imposing sanctions. The goal of this paper is to provide a comprehensive review of the current law of sanctions and protective measures concerning administrative delicts. Various legal and practical problems and inadequately solved questions surrounding the imposition of sanctions are emphasized. Parts of the thesis, especially its conclusion, address a reform of administrative punishment and future legislative measures regarding this important function of organs of public administration. Chapter I focuses on sanctions for violations. The introduction to this chapter is rather theoretical and is devoted to definitions of basic concepts of administrative penalization. This part further defines the terms of "sanction" and "administrative punishment". The conclusion of this chapter then analyzes the purpose of sanctions and includes their list and a summary of past legal enactments. The second part of Chapter I contains an analysis of types of sanctions governed by the current statute of administrative delicts as well as other statutes. This part describes a reprimand, fine,...
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Sanctions for administrative delicts and protective measures
Rejdová, Kateřina ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The thesis, the topic of which is "Sanctions and protective treatment measures" provides an insight into the matter of very narrowly specified branch of administration criminal law as a sub-branch of the administration law, which is traditionally categorized as general administration law. The topic is not elaborated on in its entirety due to a large number of regulations on penalisation in administrative law, the thesis offers a general overview of the sanctions that can be imposed if an offence against administration law has been committed. The overview has been narrowed down to provisions regulating certain specifics of the sanctions. Chapter One is dedicated to penalization in administration criminal law in general. In addition to a brief summary of penalization in administration law and presenting the variations in penalization in administration criminal law and in criminal law principles ruling administration criminal law penalization are being elaborated on based on their evolution in court decision making, the influence of criminal law and also the influence of respective Council of Europe regulations; characteristics of the basic elements of the liability in administration law and the history of penalization of offences in our country are then being introduced. Chapter Two focuses on the key word of...
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Rulemaking by territorial self governing units
Vondra, Adam ; Prášková, Helena (advisor) ; Svoboda, Petr (referee)
1 Legislation of territorial self-governing units Abstract Theme of this thesis is legislation of territorial self-governing units in the Czech republic, ie generally binding ordinances in accordance with the provisions of Article 104 para. 3 of the Constitution and regulations pursuant to Article 79 para. 3 of the Constitution. The process of their creation from the beginning to the possibility of annulment by the Constitutional Court is gradually analyzed with a warning of possible problems in individual parts. This thesis is divided into four thematic chapters and within them into subchapters devoted to individual points. In the first part of this thesis I deal with the definition and explanation of important basic concepts that often appear in this thesis and are related to the topic of the thesis. These include defining the terms generally binding ordinances and regulation, as well as describing the difference between them. Furthermore, the definition of self-government, the definition of competences and legislation, as these are essential for the whole thesis. The following two chapters deal in more detail with the norm-setting of territorial self-governing units, which is gradually analyzed in them from the basic definition, through design, issue to supervision and the subsequent possibility of...
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