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Prevention and control of corrupt conduct in the Czech Republic
Vařecha, Tomáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
1 Abstract This thesis 'Prevention and control of corrupt conduct in the Czech Republic' suggests its aim and issues directly from its title. The corruption is still actual phenomenon that has been regularly mentioned in the media in recent years and remains opened for further research and discussion. There is no doubt that the need for another analysis exists. Only effective and continuous effort to prevent and control corruption can lead to reduction of crime rate and another negative impacts caused by corruption. The impacts of corruption mean not only administering punishments to the persons taking part in corruption but it is also possible to register economic impacts. Moreover, the corruption has adverse effects on our civic society represented by inauspicious influence on public opinion regarding the trust of population in the public administration, state policy or fair, just, equitable and impartial judicial ruling and deciding of other national institutions. This thesis deals with corruption using mostly criminological point of view. However, it was also necessary to use criminal substantive and procedural law knowledge. The corruption is a phenomenon that influences all society to the core, despite the fact that the most of our society is convinced that corruption is prejudicial. It was also...
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Whistleblowing
Bartošová, Tereza ; Pichrt, Jan (advisor) ; Morávek, Jakub (referee)
in English The author's thesis deals with the topic of whistleblowing, which is currently very relevant, because two legislative proposals about the protection of whistleblowers have been submitted recently and also because of the adoption of Government Regulation No. 145/2015, which establishes treatment of notification for state employees. The thesis discusses and presents the views of many authors on the concept of whistleblowing, whistleblower, further it clarifies the division of internal and external whistleblowing and also divides the reporting of whistleblowing on public, confidential and anonymous. The work also presents the history of qui tam actions that are highly associated with the history of whistleblowing. The thesis presents selected aspects of foreign whistleblowing arrangements, namely in the United States of America, which has a long tradition of whistleblowing. The new law to protect whistleblowers, which is effective from 1st January 2015 in the Slovak Republic, is examined in the thesis as well. The author also points out the international obligations for the Czech Republic, which result from the membership in the international organizations and also from being in the European Union. The work provides an overview of the most important documents about whistleblowing in the...
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Whistleblowing
Švandelíková, Klára ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
This thesis addresses the subject of whistleblowing. This is currently very topical in the Czech Republic, due to the recent Decree of the Government on measures regarding reporting of suspicious activities in civil service bodies as well as on-going legislative works. These works are aiming to create new law, which aspires to deal with whistleblowing in a more comprehensive manner. The thesis also addresses existing regulations that deal with whistleblowing. The constitutional system offers some rules on which you can base the lawfulness of whistleblowing. Individual regulations can be found in labour law, criminal law, administrative law or civil law. Legislation of protection of personal data and protection of journalistic sources are also relevant. There is still debate as to the exact definition of whistleblowing. In this thesis whistleblowing is defined as reporting harmful or unwanted conduct by internal or third parties, via a specific system of notification relevant to an entity's (in which the reporting occurs) scope. In all cases the informant should be protected from retaliatory measures. This thesis also addresses the history of experience with whistleblowing, in America up to the second half of the 18th century. Part of the thesis is also dedicated to international legislation...
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Protection against corruption and bribery and their prevention
Kraus, Šimon ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
1 Summary The thesis deals with certain aspects of corruption and its prevention. It focuses mainly on whistleblowing as an instrument of corruption control. The thesis is structured into an introduction, three chapters and conclusion. The first chapter contains a general introduction to the corruption issue. With the aid of several historical examples of corruption cases in various social systems, I attempt to emphasize the complexity and ubiquity of this phenomenon. Further on, the chapter is concerned with clarifying the notion of corruption as well as other key concepts, such as bribery, lobbing etc. The second chapter provides an overview of Czech substantive anti-corruption criminal law with special focus on bribery offences incorporated in Sections 331 to 333 of the Czech Criminal Code. Two excursions are made within this chapter. The first covers the topic of gift acceptance by civil servants based on the new Czech Civil Service Act as well as the potentially corruptive effect of such practice, if allowed even to a limited extent. The second excursion discusses the fundamental differences between lobbing and the criminal offence of indirect bribery according to Section 333 of the Czech Criminal Code. This topic is highly relevant as these two concepts are frequently confused in practice, which is...
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Leniency policy
Šorf, Jiří ; Borkovec, Aleš (advisor) ; Hraba, Zdeněk (referee)
KEY WORDS: leniency, hard-core cartel, whistleblowing, competition The EU/US Leniency policy is a thesis collecting and classifying huge amount of information and data from several legislations in relation to a relatively new phenomenon of leniency policy. Its additional value are not only commentaries on the de lege lata (currently existing) legislation, but mainly de lege ferandae presumptions emphasizing the trends which could be anticipated in the leniency policies in the future. Processing world data would not be in my capacities and therefore I decided to work with the most representative legislations - those of the European Union and of the United States, a minor insight is also given in case of Great Britain, Germany and France. The thesis helps the reader get familiar with the basic leniency concepts (terminology, principles, history) and subsequently starts explaining the core of the laws from the substantial as well as procedural point of view. Chapters enabling comparison of European and American law firstly set both legislative frameworks and then provide a comparative chapter at the end dealing with weaknesses and strengths of each program. The historical part deals with the circumstances which led to passing of the legislative predecessors of the current laws but also carefully...
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Protection against corruption and bribery and their prevention
Faltusová, Eva ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
PROTECTION AGAINST CORRUPTION AND BRIBERY AND THEIR PREVENTION The purpose of this thesis is to analyse the phenomenon of corruption and to describe the relevant legislation, which either states the illegality of the matter or is important as a part of the actions taken against corruption. The main reason why the author has chosen this topic is possibly the frustration about the strong corruption climate in the Czech Republic and also the fear that the country is - concerning this issue - not moving forward at all. The motive was to find out the reasons of this situation and to analyse whether the legislation covering this area is sufficient. This work consists of an introduction, three chapters, each of them dealing with different aspects of the topic, and the conclusion. In the introduction, the author describes the reasons for choosing the topic and summarises the content of the thesis. The purpose of the first chapter, which consists of four parts, is a description of the term "corruption". It gives a number of definitions and tries to further explain the meaning by presenting different types of corruption. The third part states the origins of the phenomenon and the fourth part describes the ways to measure it. The chapter two is focused on the occurrence of corruption within the Czech...
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Disclosure of wrongdoing in labour relations
Petrová, Anežka ; Morávek, Jakub (advisor) ; Pichrt, Jan (referee)
The submitted diploma thesis deals with the topic of disclosure of wrongdoings, which has lately gained attention due to the recent considerations of the possible complex legislative proposal in the Czech Republic. Therefore the purpose of this thesis is to analyze the current legal situation of disclosure of wrongdoings in the Czech Republic, along with analyzing all the aspects that should be taken into account when considering a legislative proposal, as well as analyzing and evaluating the legislative proposals that have already been submitted. The first part of the thesis presents the subject of whistleblowing and the different approaches to the subject, which are presented by the authors of the frequently used definitions. Then the author deals with the very essence of the issue and answers the question why it is necessary to legally regulate the area of whistleblowing. This thesis also presents various problematic questions including ethical matters inextricably linked with whistleblowing. Subsequently, the thesis provides an overview of international commitments of the Czech Republic consisting of the most important documents, both hard law and soft law, related to the reporting of wrongdoings together with other relevant activities of the international instutions such as decisions of the...
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The arrangament of whistleblowing in the Czech republic and in Slovakia
Svobodová, Monika ; Vymětal, Petr (advisor) ; Lisa, Aleš (referee)
The bachelor thesis is deal with arrangement of whistleblowing in the Czech Republic and in Slovakia. The thesis is divided into three chapters. Due to ignorance of this problem in both countries the first chapter follows the whistleblowing theoretically and explains this concept including the concept of whistleblower. The second and the third chapters specifically analyze the situation of whistleblowing in the Czech Republic and in Slovakia. The goal of the bachelor thesis is find out whether whistleblowing is regulated by comprehensive law in these countries, how will look with it in the future and what the public's sight of it is.
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