|
|
Administrative penalties for administrative delicts and protective treatment measures
Čvančara, Michal ; Prášková, Helena (advisor) ; Rajchl, Jiří (referee)
1 Abstract - Administrative penalties and protection measures Description of all administrative penalties and protection measures is the primary goal of this thesis. Due to wide extent of chosen subject, this work aims to individual categories of administrative penalties and protection measures, examines every single condition for its imposition a notices possible contradiction within legislation. The thesis does not include the criteria for imposing penalties, noticed set from section 37 till section 44 Contraventions Act which serve as instruments for determination and length of penalties. Concurrence of contraventions is also not included. In the opening chapter the definition and description of an administrative liability is described as well as basic issues of administrative penalization, considered to be a part of administrative authority's activity. The resemblance of principles of criminal and contravention law is described, that leads to using the same principles either in criminal and contravention law. There's explored what basic sources of administrative penalization are. Each of following chapters describes one of the penalties set in section 35 Contravention Act. Every chapter begins with general description of the penalty and then depicts its main purpose for which it is imposed. Then...
|
|
|
Illegal work and penalties for such work
Kmínek, Petr ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
This thesis deals with selected issues of illegal work and its punishment, especially in terms of administrative offences. It focuses, in particular, on terminology related to illegal work, inspection activities of the labour inspection office and punishment of illegal work in administrative proceedings. The main reason why I have selected this topic is because I have been interested in labour law ever since I was studying it as a compulsory subject. There is a broad range of topics to choose from in labour law, but I have chosen the area of illegal work because of my previous experience from working in regional inspectorate of the State Labour Inspection Office, based in Ústí nad Labem, as this topic falls into its scope of authority. The main goal of this thesis is to provide a theoretical definition of illegal work, to describe the inspection procedure of employers and administrative procedure regarding the inspected entities. Furthermore, one of the goals of this thesis is to point out certain deficiency in current legal framework, especially regarding practical problems with the application of law. The prologue introduces the topic of illegal work, defines structure of this thesis and its mains goals. The thesis itself is then divided into four chapters. The first chapter focuses on dependent...
|
|
|
An analysis of the decision making of the Office for the protection of competition
Šipkovská, Silvie ; Ochrana, František (advisor) ; Stehlík, Petr (referee)
The thesis deals with the nature of the decision-making of the Office for the Protection of Competition (hereinafter "the OPP") in the area of public procurement. The theoretical part describes the various methods used, the legislative framework for the decision-making processes of the OPP (from the point of view of the currently effective legislation and the new Act on public procurement), and summarizes theoretical assumptions. In the analytical part, selected decisions of the OPP from the years 2005-2015 are analysed, using descriptive and interferential statistical methods. In terms of the subject matter, the OPP most often conducts proceedings in relation to complaints against alleged violation of the prohibition of discriminatory practices. Decisions of the OPP are challenged before administrative courts in only 4% of cases, in spite of the fact that contracting authorities are found guilty of committing an administrative offense in almost 80% of the cases. Commonly imposed penalties are fines. The trend of decisions on guilt, as well as the imposition of fines, is growing, however, the level of fines remains unchanged. A contracting authority which awards a public works contract is more likely to be found guilty than a contracting authority awarding other public contracts. It is also more...
|
|
|
Sanctions and protective measures regarding administrative infractions
Geuss, Hana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The aim of the thesis is to provide an overview of sanctions and measures of pro- tection which can be imposed as a result of administrative offences according to the Czech Act on Administrative Offences and attempt to answer some of the questi- ons regarding problematic issues of the Czech regulation. In view of the fact that the new Act on Responsibility for Administrative Offences, which is replacing the current Act on Administrative Offences on July 1, 2017, was approved during the time this thesis was being written, the thesis describes new elements in the field of sanctions for administrative offences which the new regulation brings. The thesis comes with a comparison with a foreign regulation, especially aiming to find out whether some elements of the foreign regulation could be used in the Czech regu- lation. The thesis consists of six chapters. In the first chapter, it deals with a general introduction to the problems of sanctions, explains a term of sanctions in adminis- trative punishments, their purpose and particularities of the sanctions in the field of administrative punishments. A part of the first chapter is also an overview of punishing administrative offences in the area of the Czech Republic in the past. The second chapter analyses each of the sanctions in detail and outlines...
|
|
|
Administrative Punishment of Corporates
Hejtmánek, Ladislav ; Prášková, Helena (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
- English This paper is focused on new legal institute, starting to grow and practised relatively very late, during the period of the socialist regime. Such institute is new, but nowadays has grown to substantial dimensions which is connected not only with the practical point of view, but also with the development of the society and economics. Very similar development can be observed also in other law cultures; the administrative penalty has everywhere the rising intensity, also in Anglo-American law, both in law in books, as well as in law in action. Our law order has the traditional classification of such institute to Administrative Law, not Criminal Law. Such classification has its advantages, but also disadvantages - as advantage it is very easy to apply the law in books, relatively free procedural law, effectiveness and speed of the punishment. As disadvantage it is the absence of guaranty of fundamental righst of defendant (offender), unsufficient observation of the facts of liability, a quantity of specific law rules organized by every ministry, and moreover very poor catalogue of administrative punishment. With the respect of such deficiency of this part of Administrative Punishment this paper is prepared with the traditional point of view of the Criminal Law concentrated on the particular...
|
|
|
Offences heard by authorized municipalities
HAJNOVÁ, Daniela
This bachelor thesis focuses on offences that are committed against civic coexistence and property. These offences are heard by special committees that are founded by authorized municipalities. For this thesis, three towns were chosen Hluboká nad Vltavou, Lišov and Zliv. The main goal of the thesis is to find out how these towns are effective in hearings of offences in last five years. Another aim is to find out what kinds of punishments were applied and which are the most frequent. The thesis then compares the towns, i.e. which town is the most effective in hearings of offences and which is the least. The thesis is based on relevant literature, law codes, and statistics that are kept by the respective municipalities.
|
|
|
Administrative transgressions against the safety and smooth traffic flow on highways
Sárová, Lenka ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
The presented thesis refers to the administrative transgressions against the safety and smooth traffic flow on highways. This is very actual topic currently, because everybody meets with these administrative transgressions in his life. The thesis is composed of seven chapters. The first chapter introduce us with the history of legislation in the period from the formation of the Czechoslovak republic in 1918 to the presence. The following chapter describes relevant legislation. This chapter contains general regulation of liability for transgressions, as well as discusses the constituent elements of transgressions and ends with characteristic of the constituent elements defined by the Law of highway traffic. In the third chapter, I focused on the comparison of transgressions and crimes. First I compared the general arrangement for liability for crimes and transgressions. Furthermore, I have listed which crimes could be committed in connection with the highway traffic, and then I looked on, in my opinion, mostly committed crimes. The fourth chapter deals with the sanctions that may be imposed for transgressions. The rules on penalties are prescribed by Law of transgressions; the specific amount of sanctions is set by the Law of highway traffic. The administrative transgressions against the safety and smooth...
|
|
|
Administrative infraction proceedings: selected issues of the first instance proceedings
Richtr, Aleš ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Resume This thesis deals with the first degree offence proceedings. Taking into consideration a large extent of the topic, the thesis is focused just on few of the most important institutes. Besides a short definition of the basic terms and their contents, the thesis aims its attention to sources in which an adjustment of offence proceedings on international as well as national level is included. Especially European Convention on Human Rights and activity of European Court on Human Rights (ECHR) that is connected to the Convention are important elements in the system. On the basis of ECHR's autonomous interpretation of the term "criminal charge", many fundamental rights formerly designated only for criminal proceedings have been applied within the field of administrative sentencing as well. This dissertation follows up in detail some decisions of the court, its argumentation and considerations that lead to its final conclusion. A signifiant role in this field plays Recommendation of the Committee of Ministers of Council of Europe no. R (91)1 on Administrative Sanctions in which ten basic principles are defined. These principles protect basic rights of a defendant and should be guaranteed during offence proceedings by the state. Then, main sources of the treatment of this area on the internal level are...
|
|
|
Selected aspects of the offense law
Jiránková, Nikola ; Korcová, Renata (advisor) ; Pavla, Pavla (referee)
The Master`s thesis ,,Selected aspects of criminal law,, deals with the legal regulation of offense procedure and provides a comprehensive view on the issue of the procedure. The introductory part is focused on basic sources of criminal law that are further divided into domestic and international. The mutual relation between Act no. 200/1990 Coll. about offenses, as amended, and Act no. 500/2004 Coll., Administrative Code, as amended that are involved in the infringement proceedings, is analyzed in particular. The second part of the thesis focuses on the general substantive alteration of offenses and the definition of their basic concepts. The third part focuses on the proceedings, the termination of proceedings in the first instance and summary proceedings, including the legal remedies and judicial review. The practical section provides examples of specific solved cases of selected offenses, including an evaluation of the statistical evidence provided by the Infringement commission Municipal Bureau of Zatec. The conclusion of the thesis contains considerations de lege ferenda.
|
|
|
Trade business
Kameník, Petr ; Mates, Pavel (advisor) ; Hrabánková, Milada (referee)
In my thesis first of all I describe historical progress of trade business in the Czech Republic from it's beginning: the developement of guilds, manufactures, damping during the Second World War and developement after 1989 up to actual legal regulation. I will describe trade administration and its developemnet from 1992, when Trade Licensing Offices started up, and the position of Trade Licensing Offices in the public administration. I will describe the basic terms like trade, trade licence, its beginning, expiration and authentication, trading inspection and administrative penalization. I will describe Trades Register, its connection to other registers of public administratin and the activity of Central registration points. Currently a big amendment to the trade law legislation is being prepared. This amendment is about to reduce administrative burden of entrepreneures greatly and allows the enterpreneurs to start their businesses easily. In my thesis I try to describe the most essential changes which this amendment to the trade law brings.
|
guest ::
