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The Legal Regulation of Fishery
Lubovský, Zbyněk ; Damohorský, Milan (advisor) ; Müllerová, Hana (referee) ; Stejskal, Vojtěch (referee)
IN THE ENGLISH LANGUAGE The subject of my doctoral dissertation is an exploration of fishing rights as a collection of a wide range of legal norms regulating the behavior of the recipients only in the performance of fishing, but also in civil, administrative and criminal relations with the breeding and hunting fish related. Due to the current lack of scientific literature on this topic, the thesis also basic definition and status of the Czech Fishing rights in the legal system of the Czech Republic and important connections not only in relation to the institutions of environmental law, but also of civil and criminal law. Basic Institutes of fishing rights are always described as in historical context, as from the time of its inception developed, as well as in international comparisons of countries that their cultures are very close to us.
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Fine and other penalties for administrative transgressions
Špotová, Jana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The topic of this thesis is fine and other penalties for administrative transgressions. The thesis deals mainly with various types of sanctions which can be imposed for committing an administrative delict, as well as with facts that have to be considered while imposing a sanction. The first chapter deals with theoretical aspects of the topic, namely with legal liability, definition of the term sanction, the characteristics of administrative punishment as well as the functions of punishment. The second chapter focuses on the basic conditions and rules for sanctioning the administrative delicts. The chapter deals with legislation of sanctions, the rules for sanctioning administrative delicts in terms of time applicability and also with the current system of sanctions. A part of this chapter is dedicated to releasing from imposing a sanction as a possibility of dealing with administrative delicts without the need to impose a penalty. The third chapter contains an analysis of particular types of sanctions. Each sanction is analysed in terms of its nature and purpose, the conditions for imposing them as well as their effectiveness. The fourth chapter pays attention to the comprehensive topic of determination of the type and rate of a sanction. The first part of this chapter provides the description of the...
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Selected facts of cases of traffic violation in the exercise of public administration
Márton, Michal ; Kopecký, Martin (referee) ; Prášková, Helena (referee)
Rigorous thesis brings the focus on selected facts of cases of traffic violation by author, who deals with this agenda for 6 year term. Rigorous thesis deals with the problems connected with aplication and interpretation of laws. Text is devided into four basic parts: historical context of laws regulates traffic violation, the term of "offence" and it's relationship between other violation of law such as criminal act and administrative offence, selected facto of cases of traffic violation, conclusion. Text is completed by model cases and references to actual decision of Supreme administrative court, criminal senat of Supreme court and Constitutional court of the Czech republic. In the case of application problem, author brings the comparation of legal acts of Czech republic with Slovak republic and Poland, which are the states with high number of traffic violation as well and also brings the proposals for "de lege ferenda" solution.
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Offences heard by authorized municipalities
HAJNOVÁ, Daniela
This bachelor thesis focuses on offences that are committed against civic coexistence and property. These offences are heard by special committees that are founded by authorized municipalities. For this thesis, three towns were chosen Hluboká nad Vltavou, Lišov and Zliv. The main goal of the thesis is to find out how these towns are effective in hearings of offences in last five years. Another aim is to find out what kinds of punishments were applied and which are the most frequent. The thesis then compares the towns, i.e. which town is the most effective in hearings of offences and which is the least. The thesis is based on relevant literature, law codes, and statistics that are kept by the respective municipalities.
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Proceedings for administrative infractions in the first instance
Lokvenc, Jan ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Resume Title of this thesis: Proceedings for administrative infractions in the first instance. The thesis deals with administrative infraction proceedings in the first instance, mainly about the steps of administrative office before instituting the administrative proceedings. It is based on the new scholarly literature, incorporates new judicature and takes account of methodologies of Ministry of the Interior and practical problems. In the chapter I there are defined administrative infraction proceedings, its relation to Administrative proceedings Act and the infraction and there is also described the basic character of the proceedings for administrative infractions in the first instance. In the chapter II there is described competence of administrative office in administrative infraction proceedings, namely subject-matter jurisdiction, local jurisdiction and function competence. It deals with the changes of these competences too. Furthermore, in this context the thesis deals with professional competence of persons in authority and with contracts under public law. In the last part there are mentioned the reasons for exclusion of administrative persons, above all from bias. In the chapter III there is explained the purpose of steps before instituting the administrative proceedings. First, it describes the...
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First-instance proceedings for administrative transressions
Novotná, Martina ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Offence proceedings in the first instance Resumé The offence proceedings are a special type of the administrative proceedings, through which the administrative body adjudicate on the accused of the offence and his guilt and punishment. The purpose of the offence proceedings is to find out solution of a question, if the offence was committed and who is responsible for that. The offence proceedings are regulated mainly in the code no. 200/1990 Sb., Act on Transgressions, and subsidiary in the code no. 500/2004 Sb., Administrative Procedure Rules. Also legal principles are very important and influencing the offence proceedings. The offence is the object of the offence proceedings. The offence according to the Czech legal system is considered as a wrongful act which is injurious to the public as the crime is, but the difference between them is that the offence is less serious than a crime. The participants and the administrative body are the subjects of this type of proceedings. The offences are heard by the administrative body and the administrative body decides on rights and impose the obligations towards the offender. The participants of the offence proceedings are the accused of the offence, the aggrieved party, the owner of the thing, that might be confiscated, and the applicant, who put the petition....
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Administrative penalization by the Czech Republic customs authorities
Krchňák, Tomáš ; Mikule, Leoš (advisor) ; Prášková, Helena (referee)
The aim of this thesis, which is concerned with the topic Administrative Punishment By Customs Authorities Of the Czech Republic, is to clarify the problems of administrative punishment with a special focus on administrative delicts handled by customs authorities. The thesis offers an excursion into the history of administrative punishment which is followed by a passage about the history of customs administration with a sketch of the present-day competences of customs administration as a security body. The main part is dedicated to administrative delicts, i.e. offenses as well as other groups of administrative delicts. The thesis contains theoretical solutions of the administrative law accompanied by problems of concrete administrative delicts, which are to be handled by customs authorities. The sphere of detecting and handling the administrative delicts, including the remedy measures and possible court protection is an inseparable part of the problems of administrative punishment.
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Proceedings for administrative infractions in the first instance
Lokvenc, Jan ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
Title of this thesis: Proceedings for administrative infractions in the first instance The thesis deals with administrative infraction proceedings in the first instance, specifically about the steps of administrative office before instituting the administrative proceedings. It is based on the new scholarly literature, incorporates new judicature and takes account of methodologies of Ministry of the Interior and practical problems. In the chapter I there are defined administrative infraction proceedings, its relation to Administrative proceedings Act and the infraction and there is also described the possibility of using analogy. In the chapter II there is description of the main procedural principles of administrative infraction proceedings and their importance to proceedings. In addition to the principles resulted directly from Misdemeanours Act there are also described the constitutional and administrative principles. In the chapter III there is described competence of administrative office in administrative infraction proceedings, namely subject-matter jurisdiction, local jurisdiction and function competence. It deals with the changes of these competences too. Furthermore, in this context the thesis deals with professional competence of persons in authority and with contracts under public law....
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First-instance proceedings for administrative transgressions
Novotná, Martina ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
The offence proceedings are a special type of the administrative proceedings, through which the administrative body adjudicate on the accused of the offence and his guilt and punishment. The purpose of the offence proceedings is to find out solution of a question, if the offence was committed and who is responsible for that. The offence proceedings are regulated mainly in the code no. 200/1990 Sb., Act on Transgressions, and subsidiary in the code no. 500/2004 Sb., Administrative Procedure Rules. Also legal principles are very important and influencing the offence proceedings. The offence is the object of the offence proceedings. The offence according to the Czech legal system is considered as a wrongful act which is injurious to the public as the crime is, but the difference between them is that the offence is less serious than a crime. The participants and the administrative body are the subjects of this type of proceedings. The offences are heard by the administrative body and the administrative body decides on rights and impose the obligations towards the offender. The participants of the offence proceedings are the accused of the offence, the aggrieved party, the owner of the thing, that might be confiscated, and the applicant, who put the petition. Before the offence proceedings begin, there is a...
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