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Legal regulation of nature protection in national parks
Zámyslická, Lucie ; Stejskal, Vojtěch (advisor) ; Damohorský, Milan (referee)
Legal regulation of nature protection in national parks Abstract The purpose of the thesis is to provide an overview of legal instruments used to protect nature in national parks after the amendment of the Act No. 114/1992 Coll., On Nature and Landscape Protection ("NLP") and evaluate their functionality. Although Act No. 123/2017 Coll., which amended the NPL, has been in effect since June 1, 2017, changes are being reflected in practice gradually. The thesis is elaborated by a descriptive method connected with the analysis of effective legislation and it is formally divided into six chapters. The first chapter deals with sources of legal regulation, the second one deals with the term of national park itself, including a short historical excursion and the international concept of IUCN. This chapter also includes the issue of the protection zone and the process of proclaiming national parks. The third chapter is devoted to the new concept of management zoning and also contains the current information on the zoning discussion in individual national parks. The fourth chapter contains an overview of the tools that lead to the limitation of various activities in the territory of the national park, whether they are basic or closer protective conditions, restrictions and prohibition of activities according to § 66...
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Ochrana přírody a veřejný zájem
Müllerová, Hana
In the decision-making procedures, the interest in the protection of nature often collides with other interests and values. Declaring certain value to be in a public interest strengthens the position of that value and justifies its priority over other interests. This contribution focuses firstly on the concept of the public interest and the ways how collisions of competing interests are solved in general. Then it analyses the Czech legislation on natural protection and its provisions on the public interest.
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Legal Regulation of the Natura 2000 Network in the Czech Republic and the Federal Republic of Germany
Boučková, Adéla ; Stejskal, Vojtěch (advisor) ; Damohorský, Milan (referee)
The network Natura 2000 represents a system of nature protection areas, which were established to protect and conserve European biodiversity of wild fauna and flora. This master thesis copes with the legal aspects of implementing European directives in relation with the Natura 2000 network into the national legal systems. A comparison was made between two EU-member states, the Czech Republic and the Federal Republic of Germany. The master thesis is divided into 7 chapters including the introduction and the conclusion. In the chapter 1, the subject and aims of the thesis are explained, as well as the brief history of nature conservation. Development of nature conservation in International and European law is introduced in the chapter 2. The chapter 3 focuses on legal basis of Natura 2000 regulations on European law level. Essential parts of the master thesis are the chapters 4, 5 and 6, which describe how the network was established through site designation, how the protection and site management is ensured and what assessment of plans and projects means. The law system of Saxony was chosen as an example to display some partial distinctions between the federal law level and the federal state law level in Germany. The chapter 7 consists of the conclusion and comparison between the legal regulations...
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The restriction of real property for the protection of nature and landscape
Bednářová, Blanka ; Damohorský, Milan (referee) ; Franková, Martina (referee)
The aim of the diploma thesis is the analysis of legal instruments regarding the restriction of the ownership of real property arising out of the protection of nature and landscape. This diploma thesis is divided into 7 chapters including the introduction and the conclusion. The second chapter deals with the constitutional origin of the respective legal institutes. The third chapter deals with the conflict of the fundamental rights. The fourth chapter provides for the fundamental institutes, their basic components, and their legal basis in private and public law. The fifth chapter is concerned with the particular restrictions of the ownership of real property as stipulated by relevant legal regulations. This chapter is divided into the analysis of the act no. 114/1992 Coll. in general and the analysis of the general and special protection of nature and Natura 2000 and provides examples of the respective legal institutes. The sixth chapter defines the restriction of the ownership rights arising out of other acts. The conclusion is concerned with the comparison of the aforementioned legal institutes and the evaluation of the particular features thereof. The conclusion also provides proposals for prospective changes in the relevant legislation.
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Legal regulation of compensation for damage caused by selected specially protected species of animals
Mašková, Tereza ; Stejskal, Vojtěch (advisor) ; Damohorský, Milan (referee)
This diploma thesis deals with the current legal regulation in the field of compensation for damage caused by selected, specially protected animals, which is in the Czech legal system regulated by Act No. 115/2000 Coll. It belongs to one of the means adopted in order to protect nature and environment and its objective is to reduce the conflict that has arisen between human activities and selected, specially protected animals, which are known to cause damage on the property of people. In accordance with the above mentioned legislation, amongst these so called conflicting species are included the Brown Bear, Northern Lynx, European Elk, River Otter, European Beaver, the Wolf and also Great Cormorant that, however, is no longer in the field of activity of this Act. Such an objective should be reached through the provision of financial compensation for the damage caused by these animals to some predefined objects owned by individual entities. The thesis is divided into three main chapters dealing mainly with the actual Act No. 115/2000 Coll. and some other related issues. The first chapter focuses on basic legal terms with relevance for the protection of animals. With a help of the relevant legislation, terms such as animal are introduced with emphasis on their legal status in the Czech legislative...
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Local actors and social networks in the Šumava national park
Rataj, Stanislav ; Perlín, Radim (advisor) ; Cudlínová, Eva (referee)
This thesis focuses on the issue of the development of the Šumava National Park, which is in the long-term determined by external political and social circumstances. In terms of the local development there are defined key actors whose activities and level of their cooperation affects the quality of social capital, which influences the character of horizontal and vertical social networks. An important aspect of the social-economic development of the case study area is the relationship between local municipalities and the Šumava National park management, whose activities are regulated by specific laws. Based on field survey of representatives of local development we identified key factors forming this relationship and affecting the social development of the protected area. Key words: local development, social networks, social capital, local development actors, inter- municipal cooperation, nature protection, the Šumava National Park
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The legal regime of practicing tourism and sports in specially protected areas
Manková, Marie ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
The diploma thesis deals with legal regime of practicing tourism and sports in specially protected areas of the Czech Republic. Specially protected areas are areas with stricter protection regime of nature on specific accurately assessed flat territory. The thesis is composed of five chapters dealing with mutual relationship between sports and environmental protection, general definition of law of specially protected areas of the Czech Republic with a focus on protection tools and sports and tourism activities. Last two chapters are devoted to the pursuit of climbing in the Protected Landscape Area Jizerské hory and the National Park České Švýcarsko. The aim of the thesis is to summarize and to assess the existing legal regulation and to identify of problematic issues. Powered by TCPDF (www.tcpdf.org)
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