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The position of local self-government in the regulation of lotteries and other similar games
Ulrich, Václav ; Kopecký, Martin (advisor) ; Prášková, Helena (referee)
The position of local self-government in the regulation of lotteries and other similar games This thesis covers the position of local self-government in the Czech republic in the regulation of gambling. The role of local self-government, especially the municipalities, was rather recently reinforced thanks to a series of changes during the last two years. My objective is to describe the development of the position of local administration in this area and through an impartial opinion show the consequences of the aforementioned changes. My thesis is composed of three parts. Before I start dealing with the essential topic of my thesis, I have to define the basic notion in the first part of my work, by which I mean the notion of lotteries and other similar games of chance not only according to Act No. 202/1990 Coll., but also according to the foreign legislation (e.g. Belgian). I mention two basic aspects of this notion. The first one is based on the civil law and the second one much more important to my thesis is based on the norms of public law. After this selection I continue with classification of games of chance, but accordnig to my thesis, I try to show the differences between the games of chance that are object of the regulation of local self-government and the games of chance that are not. The most...
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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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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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Proceedings for administrative infractions in the first instance
Lokvenc, Jan ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Resume Title of this thesis: Proceedings for administrative infractions in the first instance. The thesis deals with administrative infraction proceedings in the first instance, mainly about the steps of administrative office before instituting the administrative proceedings. It is based on the new scholarly literature, incorporates new judicature and takes account of methodologies of Ministry of the Interior and practical problems. In the chapter I there are defined administrative infraction proceedings, its relation to Administrative proceedings Act and the infraction and there is also described the basic character of the proceedings for administrative infractions in the first instance. In the chapter II there is described competence of administrative office in administrative infraction proceedings, namely subject-matter jurisdiction, local jurisdiction and function competence. It deals with the changes of these competences too. Furthermore, in this context the thesis deals with professional competence of persons in authority and with contracts under public law. In the last part there are mentioned the reasons for exclusion of administrative persons, above all from bias. In the chapter III there is explained the purpose of steps before instituting the administrative proceedings. First, it describes the...
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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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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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Administrative penalization by the Czech Republic customs authorities
Krchňák, Tomáš ; Mikule, Leoš (advisor) ; Prášková, Helena (referee)
The aim of this thesis, which is concerned with the topic Administrative Punishment By Customs Authorities Of the Czech Republic, is to clarify the problems of administrative punishment with a special focus on administrative delicts handled by customs authorities. The thesis offers an excursion into the history of administrative punishment which is followed by a passage about the history of customs administration with a sketch of the present-day competences of customs administration as a security body. The main part is dedicated to administrative delicts, i.e. offenses as well as other groups of administrative delicts. The thesis contains theoretical solutions of the administrative law accompanied by problems of concrete administrative delicts, which are to be handled by customs authorities. The sphere of detecting and handling the administrative delicts, including the remedy measures and possible court protection is an inseparable part of the problems of administrative punishment.
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Consequences of a breach of duties by participants in highway traffic
Uhlířová, Daniela ; Prášková, Helena (advisor) ; Vopálka, Vladimír (referee)
Resumé This thesis deals with legal consequence of road users who violate their duties in road traffic. Intensity of road traffic permanently increases. Almost everyone participates in the road traffic day by day. Among the participants occur many dangerous and egoistic individuals, who do not observe the road traffic regulations. Theirs irresponsible behaviour often results in car accidents and damage to person and property. One of means to improvement of the road safety is efficient punishment of driving offences. I have divided my thesis into introduction, five chapters and conclusion. The introduction briefly introduces the problematic. In the second chapter I have paid attention to definition of terms "road user", "duties of road users in traffic" and "legal consequence of violation the duty". In the third chapter I have dealed with driving offences. Offence is one of the administrative torts, which is defined by Offence Act no. 200/1990 Coll. It is unlawful action which violates or endangers protected interests of society. Driving offences violate or endanger safety and fluency of the road traffic. Merits of the driving offences are defined not only by Road Safety Act no. 361/2000 Coll, but also by Act no. 13/1997 Coll. and Act no.56/2001 Coll. Second chapter consist of four part. In firts part I have...
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Punishing administrative transgressions and the system of penalty points under the Highway Traffic Act
Ferancová, Zuzana ; Vopálka, Vladimír (advisor) ; Prášková, Helena (referee)
Punishing of administrative transgressions and the system of penalty points under the Highway Traffic Act Abstract The content of the diploma thesis focuses on matter of the system of penalty points and selected issues regarding punishing of administrative transgressions. The paper is composed of five parts. Chapter One introduces Czechoslovak historical predecessors of the system of penalty points and examines the development of its current legal regulation in the Highway Traffic Act. The second part deals with fundamental principles of the system of penalty points and particularly assesses the function of prevention principle. The following chapter analyzes the actual legal regulation of the system of penalty points. The author warns against relating insufficiencies and recommends the appropriate solution. The goal of the Chapter Four is based on survey of the fact, whether the system of penalty points represents the sanction by its nature. The author critically researches the proportionality of the system of penalty points and its accordance with the Czech constitutional order. This chapter also concerns with judicial decisions of Czech courts and the European Court of Human Rights referring to the character of the system of penalty points. The last chapter evaluates the proportionality and compliance...
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Sanctions for administrative delicts and protective measures
Michalička, Martin ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Sanctions for administrative delicts and protective measures Abstract The focus of this thesis is on the phenomenon of administrative punishment. Its purpose is to summarize certain important aspects connected with the imposing of administrative sanctions and to present the classification of administrative sanctions. Thesis is bases on the current doctrine of administrative law and judicial decisions of administrative courts. It characterizes terms of sanction and punishment as understood by law and particularly in the sphere of administrative law, with notion to differences between court and administrative crimes. Thesis further analyses administrative punishment based on its purpose and summarizes the theoretical concepts, which are attributable to the purpose of punishment in criminal and subsequently in administrative law. It identifies preventive and repressive functions of administrative punishments as two most widely applicable functions. Classification of administrative punishment is described and assessed. This classification is based on the classification of administrative crimes. Sanctions connected to each kind of administrative crimes are mentioned. As the most common administrative sanction is fine, therefore most attention is focused on this sanction. Thesis also mentions some of legal...
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