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State-owned enterprise and its property
Huštan, Tomáš ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
The state-owned enterprise is a type of a legal entity which is used in the Czech Republic as an alternative to founding of state-owned joint-stock companies. While the state-owned enterprise serves as a one of the possible ways of managing the state property, it is used to fulfil not only economical tasks, but also other kinds of state interest, such as social or security ones. The legal regulation of the state-owned enterprise recently undergone significant changes in reaction to the recodification of the civil law and the law of commercial corporations. The goal of this thesis called "State-owned enterprise and its property" is to analyse the legal regulation concerning the state-owned enterprise and the management of the state property performed by this legal entity in the context of other influential acts, to pinpoint the shortcomings and problems of the current legal regulation, to evaluate the nature of the state-owned enterprise as a legal entity, to determine the nature of the legal phenomenon of the right to manage the property of state and to evaluate the usefulness of the state-owned enterprise as a separate type of legal entity. This thesis is divided into seven chapters. The first two chapters deal with the development of the state-owned enterprise as a type of legal entity including...
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State-owned enterprise and its property
Karlík, Martin ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
Over the last 20 years the number of state-owned enterprises has been steadily declining. At this point there are only about 40 active state-owned enterprises and even greater number of inactive state-owned enterprises which are currently in phase of liquidation. Despite the slim numbers of active state-owned enterprises their role in economy remains still important especially as way how to participate in business activities with state owned property. State-owned enterprises manage property in value of approximately 170 billion Czech crown and using this property they are able to achieve profit over 7.5 billion Czech crown every year. The most important source of legislation regarding state-owned enterprises is act. No. 77/1997 Coll., state-owned enterprises act, which has been amended eleven times. Very important amendment was act No. 213/2013 Coll. which introduced a mechanism that allows to transfer a part of state-owned enterprise profit to state budget. Nevertheless the most important amendment is act No. 253/2016 Coll. with effect from 01. 01. 2017 which in reaction to recodification of private law in Czech Republic and insufficient regulation of some areas introduces substantial chances. The biggest changes are introduced in the area of disposition with state property. The new amending act...
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State enterprise
Nagy, Miloš ; Horáček, Vít (advisor) ; Černá, Stanislava (referee)
Currently there are 280 state enterprises registered in the commercial register of the Czech Republic. Although most of them are in liquidation and only few dozen is active, generally their importance lies in the purpose which their activities pursue in today's economic and political system. They operate in specific fields, which tend to be of strategic importance, their activities shall often meet a public interest. In sectors, in which state enterprises operate, they usually occupy very strong positions also due to the scale and type of assets, which they have. The distinctive features of a state enterprise gave rise to many legal questions about its nature. In the recent past, some disputes were resolved by practice whereas other issues are conceptual and can only be changed by changing the legislation. Although the systematic attention of professional public has currently not been dedicated to a state enterprise, increased interest has been noticeable in recent years in respect of particular questions relating to it, such as the issue of public procurement, information providing, or transfer of state enterprise profits to the state budget. The thesis focuses on the specifics of a state enterprise. It tries to describe its characteristics and apply them when solving practical issues which state...
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State enterprise
Jírová, Karolína ; Horáček, Vít (advisor) ; Štenglová, Ivanka (referee)
(Summary) The presented paper focuses on adjusting a state enterprise (state - owned enterprise) as a receding form of public enterprise. It sets upon itself a task of clarification, whether this legal form, which has been dominant in the past, is henceforth suitable for use in the present body of laws. Professional literature was studied to acquire relevant knowledge, legal provisions, judicial decisions, and other documents. State enterprise is a specific legal entity conducting business with national property, which has a unique public function and is supposed to generate net operating income. Its institutor can only be a state, that has a similar status as a sole partner of a business entity. Unlike other legal entities engaging in business, the state enterprise doesn't have a legal capacity to acquire assets for itself, but does acquire assets for the state. It is not liable for state obligations and state is not liable for obligations of the enterprise at the same time. This structure causes problems, because it is not consistent with a current legal rule. The paper examines general characteristics of state enterprise, historical development, effective legal enactment, property status of state enterprise, definition of sphere of authority between a founder and business bodies, and business...
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State-Owned Enterprise
Hokr, Tomáš ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
The primary focus of this thesis is a state-owned enterprise, its basic characteristics, the State-Owned Enterprise Act as its principal source of legislation and its status given by some other laws. The state-owned enterprise is a state organization and a specific organizational legal form of business through which the state carries out management of its property, carries on a business and thereby fulfills the purpose for which state-owned enterprise was founded. Specificity is manifested mainly by its property itself, the relationship to that property, the way of establishment and by performance of quasi-shareholders' rights. The main attribute of state-owned enterprises and state organizations in general is incapacity of possession of property rights. Inability of ownership does not only contrast with the ability to bind, but also raises questions concerning the legal personality. The relationship to the property has been expressed by rather vague "right to manage", which has not been used yet. The state-owned enterprise is regulated mainly by the State-Owned Enterprise Act. This regulation, though very brief in scope, has the ambition to be comprehensive legislation for state-owned enterprises. Nevertheless it is not sufficient for the treatment of all possible legal relations arising from the...
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State enterprise
Koukal, Tomáš ; Horáček, Vít (advisor) ; Černá, Stanislava (referee)
The purpose of my thesis is to analyze the State Enterprise Act. The main aim is to describe the life of state enterprise from its foundation to its termination and to point out the major legal issues. My desire was to recommend some improvements to legal regulation of the state enterprise. My thesis is divided into several chapters, each of them dealing with different aspects of the state enterprise. The first theoretical chapter examines the question whether the state enterprise is a legal entity on the background of civil doctrine. The next chapter deals with the foundation process of the state enterprise. Who is authorized to create the state enterprise and what are the essential elements of the charter of foundation. It describes the process of signing into the Commercial Register and its legal impact. This thesis also provides a view to the relationship between the authorized representatives and the state enterprise. It shall answer the questions about the powers of governing bodies and their liability. The next part is devoted to the administration of state-owned property by the state enterprise. It examines the right of state to obtain the profit made by state enterprise. This chapter also deals with the public procurement related to the state enterprise. The last theoretical chapter...
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Legal and economic aspects of the state-owned enterprise in the Czech Republic
Toufar, Michal ; Jansa, Viktor (advisor)
In the dissertation the author deals with the legislation of the state-owned enterprise in the Czech Republic. The theoretical part is focused on the legislation, economic aspects and historical context of the state-owned enterprise concept. The aim is to thoroughly evaluate the legal and economic aspects of the particular state-owned company. After the basic terms are defined, the dissertation concentrates on the state-owned enterprise Lesy České republiky, s.p. (Forests of the Czech Republic, state-owned enterprise). In its practical part the thesis provides the comparison of Bayerische Staatsforsten AöR (Bavarian State Forests) and Lesy České republiky, s.p. The conclusion deals with the evaluation of the pros and cons of the state-owned enterprise according to effective legislation.
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Legal and economic aspects of the state-owned enterprise in the Czech Republic
Toufar, Michal ; Jansa, Viktor (advisor)
In the dissertation the author deals with the legislation of the state-owned enterprise in the Czech Republic. The theoretical part is focused on the legislation, economic aspects and historical context of the state-owned enterprise concept. The aim is to thoroughly evaluate the legal and economic aspects of the particular state-owned company. After the basic terms are defined, the dissertation concentrates on the state-owned enterprise Lesy České republiky, s.p. (Forests of the Czech Republic, state-owned enterprise). In its practical part the thesis provides the comparison of Bayerische Staatsforsten AöR (Bavarian State Forests) and Lesy České republiky, s.p. The conclusion deals with the evaluation of the pros and cons of the state-owned enterprise according to effective legislation.
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Project management and its application in business practice
Ludvík, Ladislav ; Hron, Jan (advisor) ; Věra, Věra (referee)
The thesis aims to apply project management principles within the framework
of the Railway Infrastructure Administration, state organization. Project management
is one of the options for effective management of the company and its processes.
For that purpose, it was necessary to study the management structure in Railway Infrastructure Administration which was subsequently analysed within the companys change management process for specific conditions.
A partial objective hereof is a detailed analysis of an individual project implemented by the company with the use of project management tools. Based
on the findings obtained, proposals on ways of improving the quality of future project management will be presented.
The thesis presents an assessment of the situation with respect to the planned objectives, and proposed measures or solutions to improve the efficiency of the changes
as suggested.
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