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Procedural principies for producing evidence
Skřebský, Jan ; Střeleček, Tomáš (advisor) ; Zahradníková, Radka (referee)
The presented master's thesis discusses the branch principles of civil procedure and thein application in the process of evidence. Legal principles serve as the foundation of every legal field and represent the fundamental measure for the interpretation and application of legal norms. Evidence is a crucial area of civil procedural law because it is only through the process of evidence during judicial proceedings that the basic purpose of objective law, which is the protection of its subjects, is expressed. The question of procedural principles is a common subjekt of debate in relation to the amendment of the Civil Procedure Code and the potential future form of a new Civil Procedure Code. Since these principles influence the nature of different types of proceedings, they are often the subjekt of examination in terms of thein signifikance for a specific type of proceeding. The aim of this thesis is to evaluace the fiction of procedural principles in civil proceedings. While the primary focus of my research is thein impact on evidence, an adequate interpretation of them cannot be provided without considering their influence on the entire course of proceedings, including pre-proceedings processes and thein expression in court decisions. Another objektive of this thesis is to provide a comprehensive...
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Nemo tenetur se ipsum accusare principle
Ryger, Tomáš ; Vokoun, Rudolf (advisor) ; Richter, Martin (referee)
Principle nemo tenetur se ipsum accusare Abstract This thesis is devoted to the principle of nemo tenetur se ipsum accusare (the right against self-incrimination), one of the most important rights of the defense in criminal proceedings. This thesis provides a comprehensive view of the principle of nemo tenetur and its application in the Czech legal system, where special attention is paid to the interrogation of the accused and the witness. Thesis begins with an interpretation of the term "principle" in law and includes the principle of nemo tenetur as a basic principle of criminal proceedings, even though it is not explicitly listed in § 2 of the Criminal Code. The second chapter is devoted to the historical development of the nemo tenetur principle in ancient times and its subsequent development on the territory of the Czech state. In the next part of the thesis, international human rights treaties to which the Czech Republic is bound and which contain the principle of nemo tenetur are examined. Furthermore, the legal embedding of the principle of nemo tenetur in Czech national law, both at the constitutional and statutory level, including the new draft of the Criminal code, is discussed in this chapter. This is followed by a chapter devoted to the interrogation of the accused, where the limits between...
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Evidence in civil appeal proceedings
Toman, Petr ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Evidence in civil appeal proceedings Abstract The topic of the master's thesis is evidence in civil appeal proceedings with a focus on contentious proceedings. Evidence is often referred to as the backbone of the civil process, as it is supposed to guarantee a fair decision in the case. In appeal proceedings, the importance of evidence is even stronger, as it is used to review the correctness of the contested decision. The aim of the master's thesis is to provide a comprehensive and complete overview of the legal issue of evidence in civil appeal proceedings, to discuss its most important aspects, to point out deficiencies in the current legislation and propose changes de lege ferenda. In order to fulfil the set objectives, the thesis is systematically divided into four chapters. The first chapter defines the basic terms - procedural evidence and appeal, the understanding of which is crucial for the rest parts of the thesis. In connection with the mentioned terms, the term means of evidence, evidence, subject of evidence and individual types of correction systems - the system of complete and incomplete appeal system, cassation system and revision system, are also characterised here. The second chapter provides an overview of the most important works of prominent Czech personalities of the civil process. The...
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Criminal law regulation of public procurement
Mikula, Tomáš ; Tejnská, Katarína (referee)
1 CRIMINAL LAW REGULATION OF PUBLIC PROCUREMENT ABSTRACT The Objective of this rigorous work is primarily to present the basic features of criminal activities related to public procurement, to analyse the offences that are either directly related to the award of public contracts or to which the Commission may The context of public procurement and, last but not least, the analysis of certain specific means of proof in the case of such offences. The Rigorous work is thematically divided into seven chapters and possibly other subchapters. The Subject of the first chapter (Generally for public procurement) is an analysis of the issue of public procurement, the definition of the concept of public procurement, the outline of the basic principles of procurement, the definition of the concept of contracting authority and Supplier and not least an analysis of the types of procurement procedures and their comparison in the framework of the former Public Procurement Act and the current Public Procurement Act. The Subject of the second chapter (Generally for criminal regulation of public procurement) is to outline the criminal law basis for the following chapters; Therefore, the introduction of offences directly related to the award of public contracts, offences which may arise in connection with the award of public...
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Admissibility of evidence in criminal proceedings
Pazourková, Klára ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
Admissibility of evidence in criminal proceedings Abstract The thesis deals with the procedural applicability of evidence in criminal proceedings from the perspective of defects caused by violations of procedural rules of evidence. The aim of the thesis is to summarize the applicable legislation with a focus on procedural acts of law enforcement authorities in criminal proceedings and to analyse the defects that may arise in the process of evidence. Can any substantial error in the acquisition or execution of evidence prevent its use in court proceedings? How do Czech courts view violations of procedural rules on evidence, or defects in the process? The author tries to find answers to these questions by analysing the institutes and principles related to the field of evidence and by analysing the decisions of the Constitutional Court and the Supreme Court. The work is divided into six parts - four chapters, introduction and conclusion. The first chapter is devoted to evidence on the theoretical level. It defines important concepts related to evidence and characterizes the means of evidence listed in the Criminal Procedure Code. Last but not least, it also contains the basic principles governing evidence, also with regard to international regulation. The second chapter deals with theoretical approaches to the...
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Research Organization Information System
Veverka, Radek ; Bartík, Vladimír (referee) ; Burget, Radek (advisor)
This work aims to develop a web information system capable of handling administrative processes within research projects of the CIISB infrastructure. Base functionality of the system consists of project registration, reviews, full support of the communication via email, controlling projects' statuses and managing documents. Maximal automation of administrative processes and unlimited extensibility are key aspects of the system. The implementation is lead by C# programming language and related open source technologies from Microsoft. The text of the thesis accompanies the reader through all phases of the basic software development cycle except deployment and maintenance.
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Thoughts on Epistemology
Novotný, Vojtěch ; Hogenová, Anna (advisor) ; Blažková, Miloslava (referee)
Topic of the Magister thesis is study of human knowledge about the real world. Thesis focuses on the establishment of Epistemology, a philosophical discipline that focuses on theory of knowledge, introduces its history and its relation to other philosophical disciplines, mainly onthology. Thesis thoroughly studies all epistemological conceptions, both from the epistemological and ontological points of view, including conception of subject-object relationship. Thesis studies different sources of knowledge, i.e. empirical, rational, irational, and also analytical philosophy and critical rationalism of the 20th century. Thesis includes a list of the most influencial philosophers and their concepts of human knowledge - Plato, Aristotle, Descartes, Locke, Berkeley, Hume and Kant. Thesis studies the relationship of epistemology and axiology, the philosophical study of value. Thesis studies concepts of truth of knowledge. Thesis sudies evolutionary epistemology, its theoretical starting points, principles of natural and cultural evolution, phylogenetics and epigenetics and conceptual knowledge.
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Evidence in civil proceedings
Klimtová, Alena ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Résumé I chose the topic of evidence in civil legal proceedings as I regard the matter not only as very interesting, but also as very significant from the viewpoint of further specialist work. The production of evidence in civil procedural law includes not only activities by the parties when exercising their subjective rights, but also activities by a court, whose task is to ensure just protection of the rights and legitimate interests of the parties. As evidence in civil legal proceedings is a markedly wide-ranging issue, in this work I have limited myself to an explanation of the basic institutions of evidence in civil legal proceedings and have paid more attention to current questions concerning selected means of evidence, the question of imposing the duty to pay an advance on the costs of evidence in the form of an expert report and the question of the production of evidence through questioning of a minor. In chapter one I attempted an analysis of the term evidence and a specification of the subject of evidence from the viewpoint of its positive and negative definition, i.e., in brief what is and what is not the subject of evidence. I also briefly mentioned the issue of community law in connection with the Czech Republic's membership of the European Union. In this chapter it was also necessary to...
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Selected Problems in Evidence
Bečvářová, Darina ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Various problems which relate to the obligation of assertion and obligation of evidence and corresponding burden of assertion and burden of evidence and activity of a court connected with them are the topic of my diploma thesis. The first part concentrates on the definitions of basic terms, which appear in the field of evidence, for example the evidence as a complex process, the subject of evidence, means of evidence and also key terms as burden of assertion and burden of evidence. The next part of the thesis is focused on the description of the institute, which was introduced to the legal system in 2009 and the aim of which is to make civil procedure faster and more effective. This institute is the concentration of the procedure, principle of which is to bring about the state of termination of facts and evidence, which means that parties of the civil procedure are allowed to present facts important for the decision of the court and evidence connected with them only until a certain moment, if they present them later, they will not be relevant for the court. In the present, the parties are obligated to fulfill these obligations until the end of the preliminary procedure happens, respectively until the end of the first procedure in front of the court happens or when the parties are given an additional...
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