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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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Decisions of administrative courts concerning actions against the decision of administrative body in cases of administrative delicts
Zíma, Jakub ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
in English Title: Decisions of administrative courts concerning actions against the decision of administrative body in cases of administrative delicts A subject matter of this thesis is analysis of current law and judicial practice in field of review of decisions of administrative bodies in cases of administrative delicts. In introduction of the thesis the author briefly sums up the historical development of the administrative jurisprudence and the influence of international regulation and judicial decisions of the international courts. The author describes and analyzes international requirements on deciding in full jurisdiction and relevant law in the Czech Republic. In this context, the author briefly analyzes the current and relevant law in Germany and Poland. The thesis analyzes whether the Czech law meets the requirements on deciding in full jurisdiction of not. The author describes chosen particularities of law regarding the judicial review of administrative delicts and the influence of judicial decisions upon the limits of the relevant law. The thesis further analyzes judicial decisions and its influence upon possible extension of protection of offender of administrative delict. The author further considers and analyzes court's right to moderate the punishment, its legal scope and possible...
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Securing of public order in the Czech Republic and the State of Israel
Pavlátová, Michaela ; Millerová, Ivana (advisor) ; Svoboda, Petr (referee)
Topic of this thesis is securing public order in the State of Israel and comparing it with securing public order in the Czech Republic. In view of the current security situation in Europe and its development, the Czech Republic is also currently facing new challenges in the area of securing public order. The State of Israel is a country that has been facing threats of destruction from its enemies from the day of Israel's creation. Ensuring security and the sole existence of the State has become a major priority for Israel, and thus studying Israel's ways to secure public order is, in my view, useful and in certain aspects also inspiring. This thesis presents a detailed view of Israel's methods of securing public order. It also reflects the social and historical context which is an integral part of the Israeli public order legislation and which is essential for correct understanding of the Israeli approach to provide security to its inhabitants. I compare the most important aspects of securing public order in the State of Israel with the ways of securing public order in the Czech Republic. This thesis is divided into six chapters. The first two chapters are dealing with the Czech concept of the public order and the Czech methods of securing public order. The third chapter analyzes the term "public...
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Territorial decision-making processes
Šobora, Jan ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
Thesis title: Territorial Decision-Making-Processes In this thesis, the author deals primarily with the planning permission proceedings, including the analysis of partial changes in the legislation introduced by the conceptual amendment of Act No. 183/2006 Coll., On Spatial Planning and the Building Code (Building Act), which came into effect on January 1, 2018. Author of this thesis draws in his writing primarily from the available commentary literature, from various judicial decisions of the Czech courts, especially of the Supreme Administrative Court of the Czech Republic and, last but not least, from a number of expert articles. The thesis is internally divided into the introduction, three separate chapters, subchapters and the conclusion. In the introductory chapter, the author defines selected basic terms relevant to planning permission proceedings in order to give the reader the opportunity to better understand the subject matter. The author further compares the differences between conceptual and implementation tools of spatial planning, describes the ways in which buildings are placed in the territory, as well as the different types of planning permits. In the second, core chapter of the thesis, the author offers a detailed analysis of the process leading to the issuance of a planning...
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Administrative infractions against public order
Lankašová, Rebecca ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This dissertation deals with the topic of minor offences against public order. While working on this dissertation there has been a major change in the law, where the act number 200/1990 Sb. about minor offences was replaced by two new acts. Firstly it was replaced with the law number 250/2016 Sb. about responsibility for minor offences and the legal proceedings (furthermore minor offense law) and secondly with the law number 251/2016 Sb., about selected minor offences. This thesis aims at the area of minor offenses against public order regulated in the act about selected minor offences, it describes individual offenses and analyses whether there has been any change compared to previous regulations. This dissertation consists of seven chapters. In the first chapter I deal with the definition of a minor offence. I describe the individual definition of minor offences and describe its particular features. The second chapter follows the first; I deal with the responsibilities for offences caused by legal entities and business individuals. This modification was not previously included in the offense law, and I would like to describe the individual bases of responsibility for these subjects. The third chapter deals with the definition of public order. Public order belongs to a so called vague legal terms...
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Legal regulation of firearms
Flax, Lukáš ; Millerová, Ivana (advisor) ; Rajchl, Jiří (referee)
in english: The thesis sets up three main objectives. Firstly to enrich the public debate by verifying numerous historical arguments, which objectivity and relevancy is unclear. Three chapters of the thesis delve in to these matters, presenting cultural, historical and scientific context for evaluating legal regulation in Europe at large. For substantial demography the right to own and carry a weapon is a symbol of their freedom, while the restrictions represent authoritarian breach of their rights. To an extend this thesis verifies this notion based on historical analysis of past czech and czechoslovakian legal regulation. On the other hand presented outcome of sociological research brings up the fact that weapon at the societal level private possession of firearms does not increase the safety of individual citizens. Sociology also offers enlightement on the reasons why we seek to own and carry weapon and why we fear them. Often these reasons are similarily questionable. The second objective was to provide the thesis with prolonged usefulness and utility to the public. Thesis contains extensive exposition of many unclear provisions of our gun law. Practice of the courts, and numerous jurisprudential commentaries and literature were used as resources. To ilustrate the appliacations several...
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Principles of administrative proceedings
Mach, Šimon ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
Abstract- Principles of administrative procedure The diploma thesis deals with the analysis of principles of administrative proceedings. The aim of the thesis is a detailed analysis of individual principles of administrative proceedings, which form the basic model of all administrative proceedings. In the first chapter I use the historically comparative method to analyze origins of the individual principles and transformations of these principles which occured as part of the development of a codified regulations of the administrative procedure. The main part of the thesis is the analysis of the individual principles, for which the analysis of the sources of these normatives is neccessary, which is the content of the chapter of the second chapter. In the scope of the analysis of the sources of principles, I deal with the national and international levels. The chapter is divided according to the traditionally recognized hierarchy of legal norms and its first subchapter is therefore devoted to the principles contained in the constitutional order. The second subchapter deals with the principles of international law, focusing on both binding international documents and non-binding soft-law documents. The first part of this chapter is devoted to the principles resulting from the publications of the Council of...
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Liability for harm caused by maladministration
Hubatová-Vacková, Jana ; Rajchl, Jiří (advisor) ; Millerová, Ivana (referee)
This diploma thesis deals with the topic of liability for damage caused by the exercise of public authority through an incorrect official procedure. In particular, it deals with the individual provisions of Act No. 82/1998 Coll., emphasizing the rich case-law that has accumulated during the period of effectiveness of this legislation. The text is divided into eleven chapters. The first chapter focuses on the definition of the notion of liability as such, introduces the historical development of the liability of the state and the regional self-governing units for the damage they caused, and evaluates its nature. The second chapter builds on the previous chapter by defining other necessary conditions that must be met in order for the claimant to have the right to compensation, whether material or non-material damage. The third, fourth and fifth chapters present two main ways how the damage may occured. It defines the conditions that must be in place to make the decision illegal. The basis of the fourth chapter is the issue of maladministration, whose wide range is illustrated by examples of case-law in chapter fifth. Part of the text deals with the issue of exclusion of liability, where the exceptions from the liability of the state or territorial self-governing units are analyzed. The sixth chapter...
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