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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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The inspection activity of the municipal trade office in Mladá Boleslav
Hlaváčová, Martina ; Borská, Jana (advisor) ; Pavla, Pavla (referee)
This masters thesis deals with the analysis and evaluation of inspection activities of the Municipal Trade Licence Office in Mladá Boleslav.
In the theoretical part of the thesis, an analysis of the legal regulation of inspection activities as of June 30, 2015 is made.
The empirical part of the thesis deals with the process of inspection and comparison of the procedures of the individual phases of inspection pursuant to Act No. 552/1991 Coll., on state inspection, and Act No. 255/2012 Coll., on inspection (Inspection Code). It further describes practical experience as well as the problems that the inspection workers of the Municipal Trade Licence Office had to deal with in the course of administrative activities in connection with the amendment of Inspection Code.
In addition, the thesis deals with a questionnaire survey while its evaluation brings the answers to the question how business entities perceive inspection surveys conducted with regard to their business activities.
For the reason of comprehensiveness, the development in the number of business entities in the administrative district of the administrative authority, number of inspection surveys conducted, their focus, and possible sanctions, are documented, monitored in the period of last 10 years.
The work concludes with the summary of inspection activities from the point of view of the Municipal Trade Licence Office in Mladá Boleslav as well as from the point of view of business entities.
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The Code of Administrative Procedure and its use in construction permitting in accordance with the Building Act
Hercíková, Dita ; Kykal, Jiří (advisor) ; Helena, Helena (referee)
The thesis characterises building permitting administrative procedures subject to the Building Act and Rules of Administrative Procedure. The legal regulation contained in the new Building Act that has been effective since 2007 has been amended several times over the period of nine years, among other by so called big amendment to the Building Act in 2013. Both the Building Act and amendments to it are supposed to simplify and speed up its implementation as much as possible. The Building Act is a special legal regulation the implementation of which is supported by the Rules of Administrative Procedure as a general legal regulation. The current legal regulation of the Rules of Administrative Procedure has been effective since 2006. The Rules of Administrative Procedure stipulate general procedures that are not set forth in special laws. Therefore, the research part of the thesis describes procedures of the granting of individual types of permits subject to the Building Act that are related to general procedures subject to the Rules of Administrative Procedure.
The result part of the thesis focuses on a comparison of permitting and appeal procedures in the Central Bohemian region and a comparison of such proceedings outputs to outputs of the proceedings in the Czech Republic. The paper analyses reasons that are behind the described results. The statistic evaluation deals with influences than affect numbers of granted permits. The thesis conclusion includes some suggestions concerning some Building Act amendments based on findings contained in the result and research part of the thesis.
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Basic principles of public administration activities in theory and practice
SCHWARZOVÁ, Denisa
Bachelor thesis represents set of basic principles activities of public authorities and their practical application. The theoretical part is focused on general information about public administration and its activities, further to the description of the basic principles activity of administrative authorities and also to administrative justice. The above information was drawn from literature, articles or case law and served as a basis for research. The practical part describes the application of the principle of legislative expectations administrations in practice and outlined on the selected decision of the Supreme Administrative Court. Further evaluation questionnaire survey concerning the application of the basic principles of the five selected regional authorities (employment office, district social security administration, land registry office and the tax office) from the perspective of clients and officials.
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Dealing with presentment in practice of choosen KHS Czech Republic and the issue of extraordinary events related to the methanol scandal.
LEŠTINOVÁ, Jana
In my master thesis, I have been mapping the work of regional hygiene stationswhile solving problems and providing services during exceptional situations in the methanol cause. For the practical part, I have decided to use the combination of the quantitative and the qualitative type of research. To gather the data, I have created a questionnaire that was composed of five open-ended questions. I have used an electronic way of distributing the questionnaire to all of the 14 regional hygiene stations of the Czech Republic. Unfortunately, there were only three hygiene stations that provided the needed data. The three participating hygiene stations were: KHS of South Bohemia region residing in ČeskéBudějovice, KHS of Vysočina region residing in Jihlava, and KHS of West Bohemia region residing in Plzeň. The secondary analysis of data was used to analyze and evaluate the given answers. For the needs of questionnaire examination, there has been created another questionnaire. It was composed of 14 closed questions that were mainly related to the knowledge and attitude of respondents to the given topic. All of the 206 respondents were residents of South Bohemia region. The questionnaire was posted on several internet web pages, and the research took place from March 2014 to July 2014. I have set several goals of the research. The first goal was to discover the number of incentives to be solved that were accepted by the three participating hygiene stations between the years 2008 and 2013. During the past six years, KHS of South Bohemia region, KHS ofVysočina region, and KHS of West Bohemia region experienced the growing trend in the number of incentives accepted. The lowest number of incentives accepted in KHS of South Bohemia region was in 2009, in KHS of Vysočina region in 2009 and 2010, and in KHS of West Bohemia in 2011. On the other hand, the highest number of incentives was experienced by all hygiene stations during the year 2013, and the number was significantly higher than in previous years. Another goal was to discover the number of alcohol accepted by KHS of South Bohemia during the methanol cause, the number of alcohol tested, and also the proportion of harmful alcohol that contained either methanol of isopropanol. In the South Bohemia region, there were 670 samples being tested during December 2012. Out of the 670 samples, there were 16 harmful samples, as 11 of them got over the technological limit of isopropanol contained, and 5 of methanol contained. Part of the master thesis was also to map the awareness of South Bohemia region residents of the methanol cause, and tolearn about their estimation on being able to recognize harmful alcohol by themselves without having it tested. The results have shown that 206 people which is equal to 100% of respondents were aware of methanol cause, and that they had at least basic information about it. 45 (22 %) respondents believed that they were able to recognize harmful alcohol by themselves, and 53 (26 %) respondents did not know about the possibility of having the alcohol tested by the hygiene stations. Out of all 153 well-informed respondents, only 3 (2 %) had their alcohol tested. The last goal of my master thesis was to discover the residents' opinion on hygiene stations. Concretely, I wanted to determine whether respondents would use a guide on how to report a complaint or an incentive. 100 % (206) of respondents have agreed on the fact that it would be useful if such a guide would be present on the web pages of each hygiene station. The research has also shown that 203 (99 %) respondents have answered that they assume that state administration bodies should be more helpful when giving information.Only 3 (1 %)respondents answered that the attitude of state administration is good enough.
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Administrative procedures of the realization the land consolidation
FREIBERKOVÁ, Veronika
The content of this bachelor thesis is the issue of the current legislation in force in relation to land consolidation and the Administrative Code. I tried to completely analyze the entire area of land consolidation. Management of land consolidation is very specific, mainly because the provisions of the Administrative code are applied only minimally. I have analyzed the various stages of the proceedings, and I pay attention to appointing a guardian, the particulars of decisions and remedies that are established in administrative law. The final part is developed on the basis of practical informations obtained from the Land Office Klatovy. Decisions dealing with this problem in practice are added to the work
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Remedies in administrative proceedings
PELECHOVÁ, Ilona
The bachelor thesis called ?Remedies in administrative proceedings? is theoretical bachelor thesis. It is mainly based on detailed explanation of administrative set of rules. For this reason, it is trying to make a complete picture of administrative set of rules. It deals with the explanation of basic terms used in an administrative management. For understanding the current principles, which are valid in this area of law, there is very shortly sketched the development of the administrative set of rules in the Czech countries. The aim of the thesis is to describe in details and define the valid law legislation of the administrative set of rules with the specialization for the remedies of administrative proceeding, including the possibility to use the judicial review. The next aim of this thesis subsequently becomes the assessment of the possibility of a party to administrative proceedings in case of his disagreement with the administrative decision or suspicion for failure of administrative authority in the administrative proceedings.
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Posouzení situace "Vily Anička" z hlediska zákona č. 183/2006 Sb. o územním plánování a stavebním řádu ("Stavební zákon")
Neumannová, Dita ; Šulcová, Irena (advisor) ; Jelínek, Luděk (referee)
I propose to assess in my Bachelor's work the influence of the Construction Law on the building of the family house that is known as "Anička" ("Annie" in English) and which I shall henceforth refer to as "Vila Anička". The house is in the Secessionist style and has Land Register No 492 in Gončárova Street, Plot No 574, in the area covered by the Hradec Králové Land Register. In the first chapters I propose to describe and characterise in general terms the procedure for demolishing a building, the process of land and construction management, and the influence of the relevant bodies and their stance towards the construction and the architectural plans. I then propose to assess the conditions and requirements for undertaking the construction and the use of the building. In the second part of my Bachelor's work, I should like to go into more detail about the Generali Hradec Králové plan, whereby Generali Pojišťovna, a.s. (Generali Insurance Company Inc) intended to build a new administrative building on the site of Vila Anička. The capital investment in the construction of the new building was interrupted when architectural specialists submitted a proposal that Vila Anička should be registered as a listed building. The declaration of Vila Anička as a cultural monument was pivotal in the licensing process pursuant to the Construction Law and had a decisive effect with respect to authorisation of demolition of the building and subsequent building control. The aim of my Bachelor's work is to assess in a wider context the impact of the Generali Hradec Králové plan from the point of view of protection of public interests, town planning and the urban values in a given areas versus the interests propagated by the investor.
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