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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...
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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 transgressions
Novotná, Martina ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
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. Before the offence proceedings begin, there is a...
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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.
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Proceedings in Misdemeanour in Terms of the Town of Tabor
Kupková, Zuzana ; Borská, Jana (advisor) ; Pavla, Pavla (referee)
The present diploma thesis gives a comprehensive view of misdemeanor proceedings exercised by the administrative authorities responsible for dealing with offenses. The thesis is divided into two main parts, theoretical and practical. At the beginning of the theoretical part there is a definition of basic terms including an overview of current legislation of misdemeanor proceedings. The most essential section of the theoretical part is a comprehensive description of misdemeanor proceedings before the commencement, during the proceedings and at the end of the first stage. The practical part of the thesis focuses on the activities of the Misdemeanor Department of the Municipal Office of Tabor, namely for the period 2011 - 2015. With regard to the examined period there is an analysis of changes in legislation which have had a major impact on the Misdemeanor Department of Tabor for the past five years. The practical part also presents a statistical evaluation of misdemeanor proceedings in Tabor. In addition, there is an interview with a senior executive of the Misdemeanor Department of Tabor. In the conclusion there are some proposals leading to an improvement of the operation of the Misdemeanor Department of the Municipal Office of Tabor.
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Offence Proceedings in Theory and Practice of Law
Novotný, Martin ; Pikola, Pavel (advisor) ; Jaromír, Jaromír (referee)
The theoretical part of this dissertation deals with problems of offence proceedings.
It defines basic concepts and describes institutions which are collocated with the offence proceedings. The thesis is structured from legal enactments, corporeal legal formation of offences and principles of the offence proceedings across actions before the start of the proceedings and the proceeding itself to due and special legal remedies and types of offences per a law of offences.
The practical part includes data about offences from Commission of an Offense in the town of Náchod registered between years 2011 and 2015, overview of them in separate years, charting and evaluation of the of most frequent offences across these years. According to the detected data there is an evaluation of generally perceived hypothesis of worse condition of interpersonal relationships in the society in collocation with the results of the survey.
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Administrative procedure of an offence in traffic on the ground communication
Šlaisová, Lenka ; Hájková, Ivana (advisor) ; Uhlík, Milan (referee)
In theoretical part this bachelor thesis deals with offence proceedings in connection with road traffic offences. The reader is familiarized with basic concepts related to this procedure, particular stages of this procedure and with the process of administrative body of the first level against person who commited the misdemeanour or administrative offence regarding the road traffic. By means of basic theoretical methods of knowledge was carried out the comparison of two different basic laws according to which is the procedure proceeded.
The analytical part of this thesis is focused on application of discovered theoretical findings at the Department of administrative and transport of municipality Přeštice. The reader is familiar shortly with this department and with the overwiew of the particular activities of the administrative body which is involved to this department. The main task in this part of the thesis was the author´s effort to realize an analysis and comparison of numbers of received announcements about the misdemeanour and administrative offence douring monitored period 2003-2015. The final result is the comprehensive overview of discovered findings well arranged in tables and charts.
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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.
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Legal regulation of misdemeanor proceedings and problems with its application
ZELENÁ, Markéta
The proceedings is a topical and developing component of the state administration. This is the reason why I decided to deal with the issue in my thesis. I refer to theoretical aspects of some phases of proceedings and compare them to the practical ones. The objective of my thesis Legal regulation of misdemeanor proceedings and problems with its application was to conduct a survey of current legal regulation of one of special legal proceedings {--}fine proceedings. The form of fine proceeding is often used in legal proceedings. One of the objectives of my thesis was to suggest possible alterations to current regulation of legal proceedings. The reseearch I conducted was aimed at proposing recommendations of some alterations to legal regulation of legal proceedings. The research was carried out by the interview method with the senior Police officers and Municipal police officers in Ústí nad Labem. I also used the secondary data analysis technique. I analysed statistical data from all district departments of the Police of the Czech Republic in Ústí nad Labem in 2007. In the theoretical section the term legal offence (misdemeanor) is defined because not any behaviour with signs of a legal offence is always classified as the legal offence. Some substantive legal questions related to legal proceedings are dealt with in this section. The issue of the legal proceeding and some phases of it were mapped. The suggestions mentioned to complete some phases of the legal proceeding could be a useful contribution to legal problems solving. As the main achieved results we can consider a survey of some parts of misdemeanor proceedings and suggestions for implementation of some new rules in various phases of misdemeanor proceedings into the existing legal regulation.
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