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Unconditional sentence of imprisonment
Šmerglová, Veronika ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
68 36)Vysoká zaměstnanost vězňů je prioritou. VS ČR, 27. 3. 2009, dostupné na http://www.vscr.cz/clanky/?cl_id=1073 37)Mezník, J., Kalvodová, V., Kuchta, J. Základy penologie. Masarykova univerzita v Brně, 1995. 38)http://www.equal.spj.cz 39)http://www.helcom.cz/show.php?rstema=186 SUMMARY Unconditional prison sentences If we consider freedom of the person as the most valuable estate then the sentence to serve a prison represents the most strictest punitive sanction since it is the most sensitive interference into basic and freedom rights which are allowed by the law. The imposition of the sentence pursue the protection of the society from the offenders and to prevent the convicted from continuation in criminal activity as well as to bring him up to live impeccably. It performs repressive and preventive function, and operates educationally on other members of society. For the general preventive action of the sentence, it is important if the society sees the sentence as fair, reasonable and most inevitable. 69 Short-term prison senteces are often topics for discussion. According to some views on sentence performance it does not adequately deterrent effects on the society and in terms of action on the perpetrators it does not give enough time for social rehabilitation which would be able to reeducate them but...
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Regional Political Parties in Spain and the State of Autonomies
Dvořák, Pavel ; Perottino, Michel (advisor) ; Kasáková, Zuzana (referee)
Despite not being a federation Spain is deeply decentralized country. The present-day system of political and territorial organization was outlined during the process of transition to democracy, which took place between 1975 and 1982. The so-called State of Autonomies was based on consensus and will to find a general agreement among the main political actors. Hence, to some extent, it has an ambivalent nature and nowadays is short of full acceptance and finality. This fact alongside the age- old heterogeneity of Spanish population results in a cleavage mirrored in the different views on desirable power and territorial configuration of the country. Today, Spain is divided into seventeen autonomous communities. These units are endowed with both executive and legislative functions and they constitute distinctive political arenas. In some of them the political competition resembles that of the national level. Nevertheless, in the majority of the communities the regional political parties have got an important, sometimes even pivotal role. Right these actors of regional politics are in the focus of this research. In its scope we defined two aims. Firstly, we want to find out what attitudes the regional political parties take towards the autonomous state and its nature, and, respectively, if and to what...
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The right to life and the death penalty
Peleška, František ; Kudrna, Jan (referee) ; Suchánek, Radovan (advisor)
114 Right to life and the death penalty - Summary Perhaps no other topic has been subject to so many heated discussions like the topic of my thesis, in which there is a conflict between everyone's fundamental human right, namely the right to life on the one part, and the state's right to impose death penalty on some individuals that have committed a been convicted of certain crimes on the other part. Both advocates for and objectors to death penalty list many arguments for and against the capital punishment. As results from the conclusions I made in my thesis, some of the retentionists' arguments are seriously flawed. I was not able to prove the deterrent effect of death penalty and the related generally preventive function of capital punishment in relation to the most serious crimes. On the contrary, there are many cases where nations that do not have capital punishment in their legal systems have a lower level of the most serious criminality than nations using death penalty. The clear-up rate and the inevitability of punishment have a bigger effect than the harshness of punishment. The argument that the public opinion is significantly in favour of death penalty and thus the abolition of death penalty could result in less trust in the law is also very weak. A high level of support for capital punishment in...
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The Analysis of Function of Executors in the Czech Republic
Zatloukalová, Jana ; Lipka, David (advisor) ; Minárik, Pavol (referee)
The priority of the thesis is to evaluate economic reason for the existence of executors in comparison with current institute of state bailiffs. The thesis further analyzes the powers of executors and their potential misuse in the execution process. Last but not least, the state regulations of this institute are described. The goal is to use general economic theory to find out the effective way of protecting creditor's rights.
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Cooperation with the Families of Users in G-centrum Tábor
HOLUBOVÁ, Karolína
The Cooperation with Families of the Clients in the G- Centre Tábor For my bachelor thesis I have chosen the topic ?The Cooperation with Families of the Clients in the G-Centre Tábor?. The main aim of my thesis is to find out if the family is not less interested in the care for the senior after he or she had been taken into the care of an institution - particularly The G-Centre Tábor ? Old People´s Home,c.o. It has been common in the 21st century to take care for our older relatives and for the older generation in our country in general. The old age does not have to be only a phrase which announces impotence, last years of the life or illness. However not all seniors can afford to stay at home till the end of their lives. The most frequent reasons for this are their health problems that often accumulate in the old age and the risk of their occurrence is higher. That is often why the family and the senior himself have to choose the way of the institutional care. The theoretical part has been aimed to the senior, his or her family and the institutional care. In the first part I wanted to point out what the old age looks like, what it brings and what is the way the seniors are able to cope with the situations brought by the old age. In the next part I have aimed at the family, because it undoubtedly plays an important role in the senior´s life. I have focused onthe changes of the family from the past to the present. I also wanted to highlight the important and irreplaceable role of the senior in the family, the life together with the senior and possible barriers and problems in the communication. In the last part I have aimed to the institutional care ? what it is, what social service it can offer, what the admission of the senior to the institutional care looks like and what are the rights and obligations of the staff and the clients who live there. I have also aimed to the social worker, his or her work filling and job level in the old people´s home. For the practical part I have chosen qualitative research with using of the method of semi-controlled dialogue.The research was realized in the G-Centre Tábor ? Old People´s Home, c.o. and 11 respondents took part in it. There were addresses five clients of G-Centre in the age from 72 to 85 years, four women and one man, and also their family members in the age from 22 to 52 years. All the family members were women, four daughters and one granddaughter. The research was completed by the interview with a social worker from the G-Centre. She has been working there at the position of the university educated social worker for 12 years. The aim of the thesis is to find out if and in what way the families are included in the care for the clients of the G-Centre Tábor. The main research issue stated to the achievement of the aim was the following: Is the family engaged in the care for the clients of G-Centre Tábor ? Old People´s Home, c.o.? And three more additional questions were: In what way is the family engaged in the care for the clients of G-Centre Tábor, Old People´s Home, c.o.? What opportunities do The G-Centre Tábor ? Old People´s Home, c.o. offer to engage the family in the care for the clients? And the last partial question was: Do the families of the clients know the opportunities to engage themselves in the care?
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The tax audit from the perspective of the fundamental tax administration principles
Špírková, Taťána ; Marková, Hana (advisor) ; Kohajda, Michael (referee) ; Radvan, Michal (referee)
The tax audit can be defined as one of the practices of the tax authorities modified by Act No. 280/2009 Coll., the Tax Code. The aim of the tax audit corresponds with the basic aim of the tax administration, which is primarily to establish correctly a tax assessment. This dissertation is focused on the tax audit from the perspective of the fundamental tax administration principles. The presented dissertation is divided into nine chapters, most of which are further subdivided. The first chapter is focused on the determination of the tax audit. In the second chapter, the attention is paid to the constitutional principles controlling the tax audit, mainly to selected regulations of the Constitution and the Charter of Fundamental Rights and Freedoms. The following third chapter is focused on the isuue of good governance principles. The fourth chapter deals with the fundamental principles of tax administration, as expressed in the Tax Code in §5 - §9. These principles are specified as a basis for the next part of the work. Chapters five to eight are dedicated to the tax audit, which is divided into the beginning of the tax audit, the tax rights and responsibilities during the tax audit, the progress of the tax audit and the final chapter is focused on completion of the tax audit. The last chapter is...
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Access to Justice in Environmental Matters
Bernard, Michal ; Damohorský, Milan (advisor) ; Smolek, Martin (referee) ; Sobotka, Michal (referee)
The aim of this work on Access to Justice in Environmental Matters is to describe possibilities of access of natural and legal persons to the judicial protection of the environment in the Czech Republic. Judicial protection is an important element of ensuring the right to favourable environment. To ensure effective environmental protection and the rights of individuals to the favourable environment, it is necessary to ensure the widest possible access of natural and legal persons to public authorities and courts claiming the illegality of decisions, acts and omissions of public authorities or third parties. Broad judicial protection of the right to favourable environment is necessary and indispensable part of democratic system and a prerequisite for the functioning of basic human rights in practice. This work must first address the question of substantive legal right to favourable environment -its content and range of entities to which this fundamental constitutional right belongs. Right to favourable environment means the right to an environment which is polluted below given limit. Thus, on environmental polluted and stressed as a consequences of human activities, including the introduction of physical, chemical or biological agents emissions and agents in extent to which the legal regulations on...
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Rights and duties of the insolvency trustee in bankruptcy
Zouchová, Barbora ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Rights and duties of the insolvency trustee in bankruptcy The topic of this Master's thesis is rights and duties of the insolvency trustee in bankruptcy. The aim of the thesis is to describe activities of insolvency trustee that are related to the solution of debtor's decline by bankruptcy. The insolvency trustee is an important subject of insolvency proceedings; in the case of bankruptcy his task is primarily related to activities associated with the estate, with its liquidation and distribution of proceeds. First chapter focuses on insolvency proceedings in general. First part deals with historical context; second part analyzes the process of insolvency proceedings with a respect to different ways of resolving the debtor's decline - reorganization, discharge from debts and specific ways (i.e. a slight decline and the bankruptcy of financial institutions). In the next chapter, the bankruptcy is discussed as another way how to solve the debtor's decline, regarding to the subject of the thesis. The third chapter is divided to two sections. The first analyzes the term "insolvency trustee" and also defines specific types of this subject of insolvency proceedings. Individual subsections focus on the each specific type. The second section deals with responsibility of insolvency trustee. The last and...
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Extending arbitration clause on third parties in (international) commercial arbitration - selected issues in comparison of international arbitration practice and Czech law
Cienciala, René ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
CIENCIALA, R.: Extending arbitration clause on third parties in (international) commercial arbitration - selected issues in comparison of international arbitration practice and Czech law; doctoral thesis ABSTRACT The purpose of my doctoral thesis is to analyse in the context of the (international) commercial arbitration whether at all, and if so under what conditions can an arbitration agreement be extended on third parties as its non-signatories - i.e., parties who have actually not undersigned the said agreement. The thesis is based on a critical analysis thereof by evaluating the selected and relevant case-law, both judicial and arbitral, and the key legal jurisprudence in comparison of the international arbitration practice and Czech law. The thesis consists of nine main chapters. After the introduction of the subject-matter (first chapter), I focus on a fundamental basis thereof - i.e., the doctrine of separability of an arbitration agreement from the underlying contract (second chapter), followed by a thorough analysis of a selected theoretical conceptions concerning the extension of arbitration agreement on third parties (third to seventh chapter). Accordingly, I evaluate the following issues: a succession and assignment or other transfers of rights in the third chapter, the position of guarantors in...
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Ronald Reagan and the Rise of the New Christian Right
Bärtl, Štěpán ; Sehnálková, Jana (advisor) ; Anděl, Petr (referee)
The bachelor's thesis "Ronald Reagan and the Rise of the New Christian Right" deals with the role of religion in American politics during Ronald Reagan's presidency in the 1980s. The emergence of the religious right movement is explained as a response to the social and cultural upheavals of the 1960s and the 1970s and as part of the so-called Culture War. The New Christian Right used political lobbying in an attempt to promote conservative values in various social issues. By analyzing primary sources and secondary literature, the author seeks to explain to what extent the movement was successful in implementing their program into actual policy. Furthermore, the thesis attempts to answer the question, whether Ronald Reagan was a president of the Christian Right. The thesis is divided into two sections. The first part deals with the main issues in American society after the Second World War and explains the reasons that led conservative Christians to become politically active. It goes on to explain the ideology behind the New Christian Right movement, the ways in which it tried to achieve its goals, and its most prominent organizations and members. The second part of the thesis deals with the 40th president and his relationship with the New Christian Right. Based on an analysis of Reagan's approach...
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