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Material aspect of Administrative Offences
Scheuer, Jan ; Adamec, Martin (referee)
The thesis is devoted to the examination of the material aspect of administrative offences. It opens with the basic theoretical background, summary of the literature and historical excursion. Main part of the thesis is focused on a detailed analysis of the material aspect of the administrative offences from the perspective of legislation, case law and administrative practice. The author approaches the topic in an analytical manner, identifies possible ambiguities and offers suggestions for their elimination.
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Current Issues of Legal Regulation of Audiovisual Media Services
Prokopová, Gabriela ; Handrlica, Jakub (advisor) ; Pouperová, Olga (referee) ; Adamec, Martin (referee)
Current Issues of Legal Regulation of Audiovisual Media Services Abstract The dissertation thesis deals with the issue of legal regulation of audiovisual media services in the Czech Republic, with regard to challenges topically facing the legal regulation that concurrently should be addressed, as well as with regard to effects that such legal regulation itself has on audiovisual media services. The topic is looked at from an administrative law perspective. Following a historical-legal excursus and an excursus about means of receiving television broadcasts and other technological aspects, the dissertation thesis primarily addresses the current regulation. It contains a definition of the concept of audiovisual media services, including distinction between television broadcasting (linear services) and audiovisual media services on demand (non-linear services) and comparison thereof with video-sharing platform services. The thesis deals with administrative authorisation to provide audiovisual media services (with emphasis on concession principle), with the Czech television and the broadcast system in the Czech Republic, with financing of audiovisual media services, with obligations on audiovisual media services providers and with responsibility for the content of audiovisual media services. The author...
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Minorities in Czech and Polish law
Řezníková, Sylva ; Pomahač, Richard (advisor) ; Adamec, Martin (referee)
Minorities in Czech and Polish law Abstract This thesis is devoted to a comparison between the legal regulation of national and ethnic minorities in Czech and Polish law. These two jurisdictions have been selected for comparison due to partly shared legal culture, linguistic proximity, and comparable modern history. The analysis is focused on guarantees provided to national and ethnic minorities in both countries and reveals that while there are many similarities between the two legal cultures, the legal systems differ in numerous ways. In both countries, the basic legal guarantees to minorities are regulated in the constitutions and additionally, legal guarantees to minorities are dealt with comprehensively in acts devoted solely to national and ethnic minorities, i.e., the Act on the rights of persons belonging to national and ethnic minorities, Act No. 273/2001 Coll. in the Czech Republic, and the Act of 6 January 2005 on national and ethnic minorities and on the regional language, (Dz.U. 2005 Nr 17 poz. 141). Both comprehensive minority acts regulate similar fields, such as the right to education in minority languages, the right to dissemination and reception of information in minority languages, the right to multilingual signs and inscriptions, the right to use one's forename and surname in a minority...
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Public Disciplinary Offense of Civil Servants
Chadima, Marek ; Adamec, Martin (referee)
1 Public Disciplinary Offense of Civil Servants Abstract This thesis deals with the sub-area of administrative punishment, specifically disciplinary punishment of civil servants. Well-established rules of disciplinary punishment should guarantee both the protection of the public subjective rights of the civil servant and the stabilization of the civil service system, as well as its depoliticization and encourage deeper professionalization. Therefore, this sub-area forms an important area of the administrative law. The main goal of this thesis is to analyze a disciplinary offense and disciplinary proceedings of civil servants in a broader context and to analyze principles applied in this area. This thesis critically analyzes the individual parts of the researched area and answers several research questions. First, the author defines the basics of the topic, summarizes the law and provides the historical frame of disciplinary punishment of civil servants. He then examines whether the decision to take a disciplinary offense on a civil servant is a decision on a criminal charge within the meaning of Article 6 of the European Convention on Human Rights. He concludes that it is not and bases multiple findings on this conclusion. Subsequently, the substantive-law and procedural-law parts follow. In the last...
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E-learning implementation into company education regarding the 70:20:10 educational model
Doležel, Radim ; Čapek Adamec, Martin (advisor) ; Kočí, Jana (referee)
This thesis sees the use of e-learning as an important tool for distant learning and adult education. The theoretical part focuses on the introduction of e-learning, its advantages, and disadvantages, detailly describes the stakeholders and created standards for e-learning, too. Thesis also describes the pedagogical aspects during development of e-learning. An integral part of this thesis is the description of the 70:20:10 education model and adult learning. The key part of the research is the quantitative data collection. The research questions are validated by a questionnaire according to which several recommendations and possible improvements emerged. As a part of the research of this thesis, a community on the Fuse platform has been created. Individual departments from Hilti ČR spol. s r.o. can upload their training materials to this platform. KEYWORDS E-learning, distance learning, LMS, education, educational model 70:20:10
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The principle of ne bis in idem in the application of administrative offences
Škopková, Šárka ; Prášková, Helena (advisor) ; Adamec, Martin (referee)
The principle of ne bis in idem in the application of administrative offences Abstract The diploma thesis is devoted to the application of the ne bis in idem principle in administrative punishment, specifically administrative offences. The conditions of application of the ne bis in idem principle have been specified by jurisprudence. The aim of the work is therefore the analysis of jurisprudence especially, both from the ECtHR and domestic courts, dealing with the given issue. The thesis also deals with the analysis of legal regulations in which the principle of ne bis in idem is placed. The introduction of the thesis defines the principle of ne bis in idem itself and lists the most important sources of law in which it is written. The sources of law are distinguished at the international level and at the national level. The main emphasis is placed on the European Convention on Human Rights, which is one of the most important sources of law in which the principle of ne bis in idem is enshrined. The following chapter is devoted to the very conditions of application of the ne bis in idem principle. Specifically, the sub-chapters deal with the nature of the proceedings (the Engel criteria are discussed), the identity of the act, the duplication of proceedings and finally the identity of the subject. In...
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Disciplinary liability of an attorney
Šulda, Mirek ; Kopecký, Martin (advisor) ; Adamec, Martin (referee)
The submitted rigorous thesis deals with the institute of disciplinary liability of a lawyer, the purpose of which can be found primarily in the protection of users of legal services as consumers, ensuring the high quality of these services provided by lawyers, and thus creating an adequate legal environment, which is an essential prerequisite for the provision of proper legal assistance and achieving a fair trial. In the first chapter, for the purposes of further explanation, the profession of a lawyer as such is introduced. It defines, inter alia, the concept of the legal profession, the scope of practice, and the conditions set by the legislator for the practice of the legal profession. Attention is also drawn to the positive legislation regulating the conduct of a lawyer, which is embodied in regulations at virtually all levels of legal force. The subsequent text continues to explain the mission of the legal profession and the often dismally undervalued role of the lawyer in the society of a democratic state governed by the rule of law. At the end of the first part of the rigorous thesis, the disciplinary liability is placed within the system of legal liability of a lawyer and its essence is clarified. An integral part of the thesis is the second chapter, which leads the reader to a more...
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The time limitation of liability for administrative delicts
Šulc, Lukáš ; Prášková, Helena (advisor) ; Adamec, Martin (referee)
The time limitation of liability for administrative delicts Summary The subject of the submitted diploma thesis is the time limitation of liability for administrative delicts. The research deals with the current legislation which was adopted with Act No. 250/2016 Coll., On Liability for Administrative Delicts and Proceedings. Special legislation relevant to the topic is also included. The aim of the thesis is to analyse applied legal rules, point out the deficiencies and provide improvement suggestions. The chapters in the first part of the thesis are dedicated to the general meaning and properties of the legal institute of time limitation of liability in the Czech law. Following the description of the general meaning the thesis spells out that the used legislative term can represent a different meaning in the field of public law. Then the thesis describes legal properties of the time limitation of liability for public offences and the reason behind the adoption of the institute. The last chapter of the first part summarizes the legal relationship that is the object of the limitation. The second part of the thesis covers the relevant provisions of the No. 250/2016 Coll. The first chapter is dedicated to the length of the time limitation and sums up the expert criticism of the legislation. Then the chapter...
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Imposition of Administrative Sanctions
Bušák, Ladislav ; Prášková, Helena (advisor) ; Adamec, Martin (referee)
Imposition of Administrative Sanctions Abstract The master's thesis makes a critical analysis of the current legal regulation of imposing administrative sanctions for infractions under the administrative infractions act and attempts to evaluate its simplicity and efficiency. It is the effort to simplify this regulation with regard to its application by administrative authorities that the legislators had in mind when adopting the new administrative infractions act. The thesis especially deals with the issues of individual aspects which an administrative authority is obliged to take into account when sanctioning the offender, so that an adequate administrative sanction is imposed that takes the circumstances of the case as well as the person of the offender into consideration. Therefore, it looks primarily at the relevant regulation of the administrative infraction act, with partial overlaps into the legal rules introduced in special laws regulating the individual facts of infractions. Apart from this, the work also surveys sanctioning of the multiplicity of infractions when it analyses the recent regulation of imposing administrative sanctions for perpetually committed infractions, as well as concurrent infractions, and explains how an administrative body imposes an administrative sanction in a summary...
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Liability of legal entity for an administrative delict
Bazsová, Melinda ; Prášková, Helena (advisor) ; Adamec, Martin (referee)
The topic of this Master's thesis is the liability of legal entities for administrative delicts. With the adoption of Act No. 250/2016 Coll., on liability for administrative delicts and the proceedings thereon, the legal regulation of administrative delicts and misdemeanours has been unified under a single category, which is misdemeanours. This legislation thus includes both the regulation of delicts committed by natural persons and the regulation of delicts committed by legal persons. The aim of this thesis is to explain the prerequisites for the liability of legal persons for misdemeanours with regard to the specific nature of legal persons and to point out the close connection between the provisions of civil law (in particular the Civil Code) and the legal regulation of the liability of legal persons for misdemeanours under the Misdemeanours Act. The first chapter briefly introduces the sources of legal regulation of administrative punishment in general. The second chapter deals with the regulation of legal persons contained in private law, taking into account the liability of legal persons for offences. It analyses the status issues of legal persons, as well as the individual conceptual features of legal persons and addresses the issue of attributability of acts of natural persons to legal...
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