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Poaching from the point of view of criminal and misdemeanor law
Čech, Vojtěch ; Fiala, Zdeněk (advisor) ; Stejskal, Vojtěch (referee)
Poaching from the point of view of criminal and misdemeanor law The subject of this work is the delict of poaching, which, with some simplification, can be characterised in other words as illegal hunting of game or fish. However, this illegality can take different forms and can be affected in different ways, and for this reason poaching is an illegal act that is qualified as a crime or a misdemeanor depending on the circumstances. The analysis and mutual comparison of poaching as a crime and as a misdemeanor is the core of this work. The diploma thesis is divided into 6 chapters. In the introductory chapter, the goals of this work are defined and the relevance of this topic is explained. The second chapter is dedicated to the basics of legal regulation of hunting and fishing, as these legal branches establish the conditions under which hunting is authorised. Other legal regulations related to poaching are also presented. Poaching is a crime whose legal regulation dates back to the early Middle Ages, and it should come as no surprise that this crime has evolved greatly. For this reason, the third chapter is devoted to the historical development of poaching. The fourth and fifth chapters form the core of this work. Chapter four deals with the analysis of poaching as a crime. This chapter begins with...
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Legal Aspects of Protection of Animals against Cruelty
Bartoňová, Tereza ; Fabšíková, Tereza (advisor) ; Stejskal, Vojtěch (referee)
Legal Aspects of Protection of Animals against Cruelty Abstract The diploma thesis provides a comprehensive overview of the current legislation on the protection of animals against cruelty at the international, European and national level. The treatise is divided into an introduction, four chapters and a conclusion summarizing the findings. The first introductory chapter is divided into three sub-chapters and is devoted to the concept of animal rights itself, including the definition of the elementary terms "animal protection against cruelty" and "animal welfare", then ethical, especially religious and philosophical starting points for legislative protection of animals against cruelty, and finally briefly summarizes the historical relationship between humans and animals. The second chapter discusses the transnational regulation of the legal protection of animals against cruelty. Its first sub-chapter is devoted to international agreements, and primarily to European agreements adopted under the authority of the Council of Europe. The second sub-chapter summarizes the legislation of the European Union adopted in the field of animal protection, including historical excursus and current regulation. The most extensive chapter is the third chapter dealing with the national regulation of the protection of animals...
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The legal aspects of teritorial systems ecological stability
Hanák, Adam ; Fabšíková, Tereza (advisor) ; Stejskal, Vojtěch (referee)
The Legal aspects of teritorial systems ecological stability Abstract The main topic of this thesis is "Legal aspects of territorial systems of ecological stability". The thesis is divided into 6 chapters, where the first one aims to introduce the reader to the issue by means of legal and scientific definitions. The thesis first deals with the definition of the term and its placement in the legal framework. Since the legal definition does not provide a sufficiently specific idea of the institute, the biological, geographical and ecological backgrounds are also elaborated in the thesis, which complete the overall picture of the spatial measure that is the subject of the thesis. The thesis then proceeds through the aspects of the acquisition of an Ecological Stability Management Plan as a prerequisite for its definition, which is developed in chapter three. Teritorial systems ecological stability can be defined through spatial planning documentation, zoning decisions and land development. As this is an ecological measure that significantly affects property rights, Chapter 4 contains possible aspects related to the implementation of the measure. The fourth part also presents possible solutions to the conflicts between the two competing rights. The thesis also contains considerations on the possible definition...
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Protection of Invertebrates in Legal Regulation of European Union
Chlup, Petr ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
266 Protection of Invertebrates in the Legal Regulation of the European Union Abstract In recent years, studies on the population trends of insects and other invertebrates reported widespread declines most pronounced in intensely developed regions, such as Europe. The likely causes include various activities of the industrial society, including agriculture, urbanisation, forestry, and commercial fishing. Most of these activities are governed by, inter alia, legislation on the EU level. This thesis argues that even though there are no completely white spaces in the EU law and relevant legislation addresses most of the important areas of invertebrate conservation, the current legislation is not comprehensive and inclusive enough. The arguments for this conclusion are derived from the analysis of the current EU legislation in the face of the biological context of invertebrates. In Part I, the contextual framework for the analysis is built up by outlining the presented problem of declining invertebrate populations. A short introduction to the taxonomy and ecology of invertebrates is followed by a summary of the environmental threats they currently face. The threats are matched to the corresponding EU legislation, thereby laying out the structure of Part II. The second part includes chapters on the relevant...
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Legal regulation of animal testing
Zábojníková, Daniela ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
Legal regulation of animal testing The diploma thesis is analyzing current legislation in the field of animal experiments. It is formed by five chapters and each chapter is concerned with different aspects of animal protection, when focusing on experimental animals in particular. The first chapter is divided into three subchapters and it is successively describing development of animal experiments, progress of legislation dealing with animal protection and experimental animal protection on the international and European level, when analyzed is also Czech legislation in the last subchapter. Second chapter is focused on the basic legal sources and its legal foundation. It has four subchapters, when every subchapter explains relevant terms, which are being formulated in the experimental animal protection law. This chapter of the diploma thesis also involves sections dedicated to experiments and alternative methods of the experiments. Following chapter of the thesis (chapter nr. 3) describes legislation of the experimental animal protection and it is constituted by three subchapters, which are regarding ensuring expertness of the experiments, farming of and caring for the experimental animals and also approving, progress and finishing the process of the experiment. Every subchapter is then divided into...
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Legal regulation of special territorial conservation of nature in the Czech Republic and in the State of Israel
Šichmanová, Kateřina ; Stejskal, Vojtěch (advisor) ; Damohorský, Milan (referee)
This diploma thesis deals with the analysis and comparison of the legal regulation of special territorial nature protection in the Czech Republic and the State of Israel. The main aim of the diploma thesis is to provide an overview of the legal regimes pertaining to special territorial nature protection in the compared countries and to confront different legal institutes and thus draw attention to some problematic aspects of the present law. The thesis is divided into 5 chapters. The first chapter provides an introduction and is followed by the second chapter, which deals with the legal regulation of the special territorial nature protection in the Czech Republic and it is divided into five parts. The first part of the second chapter briefly introduces the historical development of establishing specially protected areas and also describes former legal regimes of the special territorial nature protection. Since national and international legal regulation in this field are closely connected, the thesis emphasises the most important international treaties in the sphere of special territorial nature conservation, including the legal framework of the European Union. The third part is concerned with classifications of the specially protected areas in the Czech Republic and the process of their...
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Case-law of the European Court of Justice on environmental protection
Kolafová, Lenka ; Sobotka, Michal (advisor) ; Stejskal, Vojtěch (referee)
59 SHRNUTÍ Diplomová práce se zabývá judikaturou Evropského soudního dvora na vybraném úseku ochrany životního prostředí. V konkrétním případě jde o problematiku odpadů. Odpady jsou samozřejmý produkt lidské činnosti a je nutné stanovit jasně daná pravidla, jak s nimi nakládat, tak aby bylo minimalizováno riziko dopadu na životní prostředí či lidské zdraví. Práce je rozdělena do tří částí. Na úvod je zmíněno postavení a právní základy pro činnost Evropského soudního dvora v rámci systémů orgánů Evropských společenství, jeho organizační struktura a stručně i průběh řízení. Je zde také zmíněn vliv Lisabonské smlouvy na fungování ESD. Ve druhé kapitole se věnuji roli ESD v oblasti ochrany životního prostředí. Jsou zde identifikovány vybrané typy řízení před ESD a ke každému typu řízení je podána i statistika za určité časové období. Třetí část mé práce se zaměřuje již zcela na judikaturu ESD v oblasti odpadů. Jsou zde rozebrány klíčové judikáty zabývající se centrálním pojmem odpad, zejména předpoklady klasifikace materiálu jako odpadu a vymezení pojmu vedlejšího produktu, podmínkami přepravy odpadů a přesahem odpadového hospodářství do problematiky volného pohybu zboží, jedné ze základních svobod Společenství. V této kapitole se také zabývám vývojem komunitární právní úpravy odpadů. SUMMARY This diploma...
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Legal regulation of creation and protection of Natura 2000 network
Dostálová, Kateřina ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
This diploma thesis deals with legal regulation of creation and protection of Natura 2000 network. Natura 2000 is a system of protected areas created in Member States of the European Union which is aimed at preservation and potential renewal of natural habitats and rare and threatened species of wild fauna and flora. The objective of the creation of Natura 2000 network is to ensure the diversity of species and ecosystems, primarily the rare and threatened ones. The network is composed of the Special Protection Areas (SPAs) designated on the basis of the Birds Directive and of the Special Areas of Conservation (SAC) designated according to the Habitats Directive. The introductory chapter deals with historical development of the nature conservation on the Czech territory up to the present and as follows it gives an explanation of the term the Natura 2000 network. The chapter 2 is devoted to the most significant international conventions related to Natura 2000. The Bern Convention has even inspired some articles of the regulation included in the Directives. The chapter 3 is focused on the European legal regulation of nature and biodiversity protection. The nature conservation area comes under the EU environmental policy and it is related to other policies as well. The legal basis is contained in the...
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Legal regulation of specially protected areas in Czech Republic and in the Russian Federation
Borovskaya, Elena ; Stejskal, Vojtěch (advisor) ; Hošek, Michael (referee)
The offered thesis focuses on the legal regulation of specially protected areas in the Czech Republic and the Russian Federation. The thesis' objective is to present an explicit overview of the two countries' national systems comprising protected areas from the legal point of view. The thesis includes an explanation of the basic concepts related to specially protected areas in terms of nature and landscape preservation. The author starts with a concise introduction to the issue's background, and then dwells upon constitutional principles for nature conservation, related legislation and a range of categories of specially protected areas in the two countries. The basic legislation concerning specially protected areas in the Czech Republic is the Nature and Landscape Protection Act, while in the Russian Federation that function is played by Specially Protected Natural Areas Act. The thesis includes an analysis of selected legal issues, namely issues related to legal proclamation and cancellation of the status of specially protected areas, special protection regime, state administration functions, implementation of ownership and other rights. The analysis is followed by a comparison of legal regulations concerning specially protected areas and the conclusion where the author summarizes the most...
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