|
|
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...
|
|
|
Contractual Fine
Švehla, Jan ; Salač, Josef (advisor) ; Pohl, Tomáš (referee)
The topic of this thesis is the institute of contractual fine according to the applicable adjustments in the Civil Code. In eleven chapters is analyzed the historical development of this institute, as well as recent regulation compared with the new Civil Code (Law No. 89/2012 Coll.) and foreign regulations of Austria, Germany, Switzerland and Spain. There is also dealed the issue of the amount of the contractual fine, as well as issue of entitlement to a contractual fine and other topics. Part of the work was also devoted to the relevant case law.
|
|
|
Transgression agenda in practice of administrative authorities
Kloučková, Magdalena ; Světlíková, Daniela (advisor) ; Dáša, Dáša (referee)
This dissertation deals with issues of offence proceedings. Besides of giving definition of individual terms and basic legal regulations relating to the theme, what is demonstrated in several case studies, this work deal with problems found during offence proceeding in practise. This work analyses the bill about responsibility for offences and their proceeding, currently found in a legislative trial. The bill is evaluated with respect to its achievable practical realisation. A part of the work deals with a long time discussed Register of offences, that will be established with effect from 1. 10. 2016. In the end the work contains an evaluation of the situation in the area of administrative penalization. The result of the current legal regulation it is the fact that some provisions are regulated by the Act of offences and by the same way also in the administrative procedure, and thus unnecessarily some provisions also set unreasonable procedural deviations. In connection with mentioned reasons it would be sufficient to remove the senseless deviations of the administrative procedure from the offence proceeding and further to give precision those provisions that are found as controversial in practise and it is necessary to infer them from the judicial proceeding. The own proposal of the solution is not to approve a new responsibility for offence law in wording as it was submitted for approval to the Chamber of Deputies because it will cause chaos into the administrative penalization.
|
|
|
Administrative torts and misdemeanors according to the construction law
Svoboda, František ; Cvik, Eva Daniela (advisor) ; Jan, Jan (referee)
This degree thesis deals with administrative torts and misdemeanours according to the construction law in the Czech Republic. First, the paper describes in general the development of imposition of administrative sanctions together with legislation currently in force, focusing on individual facts of administrative torts and misdemeanours according to the construction law. In compliance with its objective the degree thesis is focused namely on the legislation in force, basic principles and rules of administrative proceeding, application of relevant legal regulations and procedures within administrative proceedings differentiated according to the nature of the person being sentenced. The procedures and possible decisions in administrative proceedings are presented in the thesis both from the view of the first-instance authority and the appellate authority, including other methods of defence against decisions issued. Based on the data obtained from employees of building authorities the degree thesis also describes the development of behaviour of persons in the Region of Pilsen while respecting the construction law and summarizes the problems occurring in administrative proceedings. It also follows up the relations of administrative proceedings and factors causing infringement of the construction law and offers possible solutions for better general awareness of the existence of legal regulations and possible sanctions imposed for the breach thereof.
|
|
|
The Study Entering Production Task Selected Technology
Holík, Radim ; Pospíšil, Karel (referee) ; Jurová, Marie (advisor)
This bachelor thesis is focused on chosen contracts processes through the company. A fault appears at one of the crucial workplaces, that expressively influences the finalization term and the final costs amount. Creation of the proposal for new contract processes counting this fault is the solution of the thesis. The thesis is processed in TOS KUŘIM – OS, a. s. company, where are collected information and bases. Next basis work on theoretical presumptions of specialized literature and practical experiences.
|
|
|
Hardware Acceleration of Algorithms for Approximate String Matching
Nosek, Ondřej ; Kořenek, Jan (referee) ; Martínek, Tomáš (advisor)
Methods for aproximate string matching of various sequences used in bioinformatics are crucial part of development in this branch. Tasks are of very large time complexity and therefore we want create a hardware platform for acceleration of these computations. Goal of this work is to design a generalized architecture based on FPGA technology, which can work with various types of sequences. Designed acceleration card will use especially dynamic algorithms like Needleman-Wunsch and Smith-Waterman.
|
|
|
Are drivers of luxurious cars more likely to commit driving offences ?
Klouček, Oldřich ; Rod, Aleš (advisor) ; Babin, Jan (referee)
The aim of this thesis is to verify whether drivers of luxurious cars are more likely to violate road traffic regulations. Theoretical background of this analysis consists of standard consumer theory using utility maximization and cost-benefit analysis which provide analysis of illegal behavior. This thesis summarizes the most important parts of economics of luxury and economics of crime and then uses this summary to create assumptions and models. Empirical part is based on city traffic analysis and driving offences that could be committed in order to avoid waiting in traffic jam. Data collected by terrain observations are used to verify that with increasing purchasing costs of a car also increases probability of committing a driving offence. By using assumption, that luxurious cars can be considered as cars with high purchase costs, was proved, that drivers of these cars are more likely to commit such a driving offence. It was also proved that time spent in traffic jam is one main of the factors that influence decision whether or not commit a driving offence.
|
|
|
Efficiency of sanctions in offence proceedings
KLIKA, Luboš
Offence proceedings constitute a special type of administrative proceedings. They can be understood as legally regulated procedure of competent administrative bodies and other persons in hearing of and deciding about offences. The offence proceedings progress primarily according to the Offence Act No. 200/1990 Coll. on offences, as amended. The offence agenda, as transferred field of activity of state administration, is executed by the relevant local authority. The offence agenda is usually executed by a commission appointed to hear offences. The thesis deals with the efficiency of sanctions in offence proceedings, with focus on offence proceedings at offence commissions of smaller municipalities, specifically of Local Authority of Loučovice, Local Authority of Lipno nad Vltavou and Municipal Authority of Vyšší Brod. The following hypotheses were stated: 1. The offence commissions of small municipalities impose mainly the sanctions in form of reprimand and fine for the offences committed, 2. the imposed sanctions in form of fine are never paid by more than a half of the offenders and further not enforced, 3. there are objective reasons to introduce the new sanction similar to the punishment in form of commonly useful works. I chose the secondary and content analysis of data acquired from offence commissions of the above stated municipalities to get the necessary information. Further data were acquired with the help of quantitative research and casuistry of five specific cases. The analysis and evaluation of the acquired data confirmed that the offence commissions impose only sanctions in form of reprimand and fine. The sanction in form of reprimand has no marked effect and the sanction in form of fine is very often not paid. With regard to the results of the research investigation, it would be beneficial to introduce an analogy to the punishment in form of commonly useful works like those imposed in criminal proceedings, into the sanctions of the Offence Act.
|
|
|
Selected legal instruments used in the enforcement process of cartel agreements
Šemora, Vítězslav ; Boháček, Martin (advisor) ; Raus, David (referee)
The focal point of the dissertation is the term of cartel, which could be described as agreements distorting competition concluded by competitors on the horizontal level of the market, and, above all, legal instruments which are used in the process of detecting and punishing cartels. In particular, the dissertation thesis deals with three of possible instruments used in the enforcement process of cartels, i.e. with dawn rides (unannounced on-the-spot inspections/investigations carried out in business and non-business premises), sanctions and sanction policies and with the leniency programs. These instruments are generally thought to be the most important and most effective tools in the enforcement process of cartels and necessary precondition of efficiency of competition law itself. In accordance with the topic, the dissertation thesis is divided into three parts. The first part is concerned with theoretical and normative definitions of agreements distorting competition and cartels. The main purpose of this part is to provide basic characteristics of these terms and to describe them in a way which will create a basement for explanation of the three legal instruments, which form the focal point of the thesis. Second, fundamental part of the dissertation, deals with commentary to selected legal instruments, mentions already above. In particular it consists of three chapters, each one dealing with one of the instruments in question. In the final part of the dissertation are introduced conclusions and evaluations of the three legal instruments and also some proposals pro futuro.
|
guest ::
