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Proceedings for administrative infractions in the first instance
Lokvenc, Jan ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
Title of this thesis: Proceedings for administrative infractions in the first instance The thesis deals with administrative infraction proceedings in the first instance, specifically 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 possibility of using analogy. In the chapter II there is description of the main procedural principles of administrative infraction proceedings and their importance to proceedings. In addition to the principles resulted directly from Misdemeanours Act there are also described the constitutional and administrative principles. In the chapter III 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....
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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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Fine and other penalties for administrative transgressions
Špotová, Jana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The topic of this thesis is fine and other penalties for administrative transgressions. The thesis deals mainly with various types of sanctions which can be imposed for committing an administrative delict, as well as with facts that have to be considered while imposing a sanction. The first chapter deals with theoretical aspects of the topic, namely with legal liability, definition of the term sanction, the characteristics of administrative punishment as well as the functions of punishment. The second chapter focuses on the basic conditions and rules for sanctioning the administrative delicts. The chapter deals with legislation of sanctions, the rules for sanctioning administrative delicts in terms of time applicability and also with the current system of sanctions. A part of this chapter is dedicated to releasing from imposing a sanction as a possibility of dealing with administrative delicts without the need to impose a penalty. The third chapter contains an analysis of particular types of sanctions. Each sanction is analysed in terms of its nature and purpose, the conditions for imposing them as well as their effectiveness. The fourth chapter pays attention to the comprehensive topic of determination of the type and rate of a sanction. The first part of this chapter provides the description of the...
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Misdemeanour proceedings as a special type of administrative proceedings
Tauš, Jakub ; Vedral, Josef (advisor) ; Petrmichl, Václav (referee)
Misdemeanour proceedings as a special type of administrative proceedings Abstract The diploma thesis aims to describe and analyze the infringement procedure in the first instance as a whole and to point out its specifics and peculiarities. It tries to describe the mutual functioning of two basic regulations for misdemeanour proceedings, namely The Act On Liability for Delicts No 250/2016 Sb., and Act No 500/2004 Sb., Rules of Administrative Procedure. The specifics of the proceedings on the offense result from its criminal nature, when the administrative body decides on the guilt and administrative punishment for the committed offense, thus bringing it closer to the classic criminal proceedings. Criminal proceedings within the meaning of Article 6 of the European Convention on Human Rights must also be seen in criminal proceedings. In general, there is a tendency in misdemeanour proceedings to move it closer to the level of criminal proceedings. The first part of the thesis deals with the general concept of administrative proceedings, the scope of the Administrative Procedure Code and the subsidiary relationship of the Administrative Procedure Code and other regulations. The second part defines terms such as administrative criminal law, administrative punishment or misdemeanour law and describes basic...
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First instance proceedings on administrative infrantions of legal entities
Bubelíny Černá, Barbora ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
1 Proceeding on administrative offences of legal persons in first instance Abstract: The administrative law represents wide and significantly fragmented area of the law system. There is no doubt the part of administrative law are also rules of administrative punishment including the corresponding procedural regulation. This thesis provides the basic analyses of selected aspects of the legal regulation of the proceeding on administrative offences of legal persons in first instance affective in Czech Republic. The basic source of law in this area is Act no. 250/2016 Coll., on the responsibility for administrative offences and on procedure on it, as amended (in this thesis also referred only as "act on administrative offences"). However, that act is not the only on regulation governing the proceeding on administrative offences. The special partial regulation of proceeding on administrative offences may be basically found in all acts within the area of administrative law which rule the administrative offences. This shall be not considered as exclusive mark of administrative law. The fragmentation, however not so significant is also present in the criminal law. Under the section 5 of the act on administrative offences as the administrative offence shall be understood socially harmful unlawful act which is as...
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Administrative infractions in construction law
Kratochvílová, Šárka ; Svoboda, Petr (advisor) ; Rajchl, Jiří (referee)
Administrative infractions in construction law Abstract The diploma thesis entitled "Administrative infractions in construction law" focuses on the law of administrative infractions and the specifics of the basic facts of administrative infractions in the field of construction law. The diploma thesis is divided into two parts, namely the general part and the special part. The general part of the thesis aims to introduce the basics of the law of administrative infraction - it consists of the definition of the concept of an administrative infraction and analyses of its basic attributes, the definition of the conditions of liability of individuals, legal entities, and enterprising individuals in administrative infractions and introduction of the issue of administrative penalties, their functions, principles, and basic principles and aspects of their imposition with a closer focus on the administrative penalty of the fine and the principles of determining its amount, for the fine is an administrative penalty that is imposed for administrative infractions under the Building Act. The special part of the diploma thesis addresses the introduction of the system of administrative infractions in the Building Act and includes a thorough analysis of the facts of administrative infractions under the Building Act with...
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Proceedings on administrative
Motejl, Jakub ; Vedral, Josef (advisor) ; Svoboda, Petr (referee)
Misdemeanor proceedings Abstract This thesis deals with misdemeanor proceedings, as a part of administrative criminal law. In the beginning, the thesis distinguishes between substantive misdemeanor law and procedural misdemeanor law. Substantive misdemeanor law determines, what is misdemeanor and what administrative penalties can be imposed for misdemeanor. Procedural misdemeanor law determines the procedure of administrative authorities in deciding on a misdemeanor, rights and obligations of the parties to the proceedings and rights and obligations of other individuals involved in the proceedings. The thesis describes in detail legal sources of misdemeanor proceedings at national level and at international level. The work also describes development of legislation containing misdemeanor proceedings and relation of misdemeanor proceedings to the administrative proceedings. Next it contains enumeration and analysis of the leading principles of the misdemeanor proceedings, including the sources of the principles and application of the principles by administrative authorities. Individual parts of the thesis are including phases of misdemeanor proceedings and procedure before start of misdemeanor proceedings. The thesis analyses special legislation of legal authority's competence, deals with authoritative...
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First instance hearing of an administrative delict of natural person
Štádler, Jiří ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
First instance hearing of an administrative delict of natural person Abstract Subject of this thesis is first instance hearing of an administrative delict of natural person. It is focused on procedural rules which are provided mainly in Act No. 250/2016 Coll. on Liability for Administrative Delicts and Proceedings on Them. In addition to the act on administrative delicts this thesis analyses subsidiary application of Act No. 500/2004 Coll. Administrative Procedure Code and Article 6 of the European Convention on Human Rights focused on legal status of an accused person. This thesis aims to: define proceedings of administrative delicts; define differences between proceedings of administrative delicts and proceedings of criminal delicts; define individual subjects of proceedings regarding administrative delicts and their procedural rights and obligations focused on rights and obligations of an accused person; analyse individual stages of proceedings of administrative delicts including actions preceding the initiation of proceedings. In accordance with the goals, this thesis characterises proceedings of administrative delicts as a special type of public proceedings in which an administrative body determines guilt of a particular person. It compares proceedings of administrative delicts and proceedings of...
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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...
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Reviewing the decision on an administrative delict
Marková, Monika ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Reviewing the decision on an administrative delict Abstract This diploma thesis deals with the reviewing the decision on an administrative delict, i.e. the reviewing performed by administrative authorities, but also by courts. The objective of this thesis is to define the basic terms and principles used in the reviewing the decisions on an administrative delict, and to further focus on individual means that allow the reviewing the decisions on an administrative delict. These individual means are discussed in the thesis, and there are also outlined their problematic aspects. The partial objective is to think about the current legislation in connection with the matter, whether such amount of various means is needed and whether this purposefully ensures the fulfilment and protection of rights. This thesis is divided into four basic parts. The first chapter is dedicated to sources of legislation and the influence of international and criminal law on the reviewing the decisions on an administrative delict. In the second chapter, there are defined the basic terms of the reviewing the decisions on an administrative delict, and there are further elaborated the principles that manifest themselves in the reviewing the decisions on an administrative delict. The means allowing the reviewing the decisions on an...
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