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The Influence of Ownership Structures on Socio-Ecological Conflicts in the Peruvian Mining Sector
Nentwig, Stefan Jan Benedikt ; Karásek, Tomáš (advisor) ; Plechanovová, Běla (referee)
I The analysis of ownership structures as aspect in the relationship of natural resources and intrastate conflicts is a relatively new field of study. This thesis contributes to this debate, by analyzing the case of Peru with its specific socio-environmental conflicts. Based on comprehensive literature, a logistic regression model will be applied in order to account for the specific effects of different patterns of ownership. With the distinction between local and national private actors, a new approach is offered. The results suggest that local ownership significantly decreases the likelihood of civil conflict, while foreign ownership increases it. However both statistical evidence and the conducted case study of the La Bambas mine suggest, that the relationship is more complex than originally expected.
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The consequences of the breach of evidence rules for the effectiveness of evidence
Kurečka, Jan ; Šámal, Pavel (advisor) ; Herczeg, Jiří (referee)
RESUME The purpose of my thesis is to analyse criminal law regulation of rules of evidence and its consequences regarding nullity of evidence. The reason for my research is my long term interest in criminal law and specifically criminal proceedings The thesis is divided in two basic broad chapters and subsequent sub-chapters. The first chapter deals with general aspects of rules of evidence, explaining basic terminology and basic principles that dominate the law of evidence, division of evidence and general rules on admissibility of evidence as covered by the only explicit condition which is provided by the Criminal code of proceedings (that is that evidence shall not be acquired by compulsion or by threat of thereof) and by contemporary legal theory. The second chapter deals with particular forms of evidence such as examination of the defendant, examination of witnesses, expert evidence, polygraph and monitoring of telecommunication and the rules that govern them. Each of the forms of evidence is described with emphasis on potential errors in proceeding that may result in nullity of the evidence. In each of the sub-categories I describe current regulation of the topic and include case law references where possible, with international oversight where available and/or of significance to my thesis. The final...
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Creating conditions for evaluation of high-strength concrete characteristics using non-destructive testing methods
Procházka, David ; Horký,, Ondřej (referee) ; Kolář,, Karel (referee) ; Adámek, Jiří (referee) ; Brožovský, Jiří (advisor)
High-strength concrete (HSC) belongs in the recent years to frequently used types of concrete. It allows realization of static challenging structures and also shows due to its dense structure greater durability especially against aggressive media. Currently HSC construction realization abroad is not exceptional. It’s using in the Czech Republic is still limited. When realized, then in a small scale in civil engineering works. The realization of high-strength concrete structures is closely related with the concrete construction quality verification. Good efficiency of the quality control methods can provide non-destructive testing methods (NDT), especially when investigating strength of concrete built in structure. A lack on relevant data for non-destructive testing of HSC in technical and normative rules is to be considered as a significant deficiency. Evident for HSC generally is the lack in literature on deeper analysis of the factors affecting their non-destructive testing, as well a meaningful methodology or practically usable calibration relationships. HSC differs from ordinary concrete not only by used components, but also by more compact structure with different strength – elastic characteristics. Considering these differences, HSC strength prediction can not be performed by using calibration relationships developed for ordinary concrete. Moreover, the question is to what extent the current knowledge of the NDT results influencing factors can be considered as valid. The paper presents findings on the effects of the key factors affecting the measurement results of Schmidt hardness method and ultrasonic pulse method, including recommendations for the practical application of these methods. The problematic of static vs. dynamic modulus of elasticity was also solved. Calibration equations for predicting the compressive strength of HSC from the non-destructive testing parameter were elaborated, showing high cohesion among variables and practically usability.
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Costs of civil proceedings
Spiváková, Michaela ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
55 XII. Summary Civil proceedings costs My thesis concerns civil proceedings costs. The aim of this study was to explain a concept of costs, to describe particular types of costs that may arise and explain principles that control the payment and reimbursement of this costs. I tried to reflect current judicature, which clarifies the sense of some unclear provisions of laws. I mentioned the new regulation, which is now in the legislative process. My aim was also to assess the current legislation and, where appropriate, recommend changes to be made. A decision to pay the costs must be included in any verdict on the merits. The thesis is composed of eleven chapters. Chapter One is introductory and explains concept of civil proceedings costs and its meaning. Following part of the thesis outlines sources of law governing this institution of civil legal proceedings. Chapter Two enumerates kinds of civil proceedings costs. It recognizes these costs: expenditures of participants and their representatives, court fees, loss of earnings of participants and their legal representatives, the costs of evidence, remuneration for a notary for acts carried out as court commissioner and his expenditures, remuneration for an administrator of heritage and his expenditures, remuneration for an interpreter, compensation for the...
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The risks associated with trade in real estate
Pippal, René ; Hrubanová, Michaela (referee) ; Klika, Pavel (advisor)
This thesis is focused on the risks arising from the data recorded in the cadastre of real estate and legislation related to the cadastre. Introductory chapters are devoted to the definition of risk for the purposes of this work and of basic terms in response to the changes brought by the new Civil Code. A brief historical overview coupled to the cadastre and description of the basic principles of the cadastre is complemented by context resulting from the integration with information systems of public administration. The merit of the work is dedicated to risks arising from the principles of the cadastre, historical circumstances, the importance and obligatory force of the registered data and their accuracy. Among the major factors influencing the risks associated with trade in real estate can be classified in particular, the evidence of ownership of itself and fulfilling the principle of publicity material, the question of the acreage recorded in cadastre, providing access to the property or existence of the simplified register. The work is enriched by concrete examples from practice that show errors and possible solutions.
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Development of Women's Representation in the Parliament of the Czech Republic
Flašková, Jana ; Němec, Jan (advisor) ; Školkayová, Marta (referee)
The under-representation of women in national politics has been mentioned for many years either by certain individuals or periodical short-term political campaigns. While there is evidence to suggest that more women are now being elected to local and national politics, without a doubt women continue to face barriers to their entry and their subsequent progression. In this thesis, I focused on elements of existing equal opportunities policies (e.g. bureaucratic, civil society and electoral systems) and their efforts towards the greater participation of women in politics; at the same time identifying the sources, characteristics and the weaknesses in the system. The conclusion of the thesis provides the basis from which I have made certain recommendations concerning the possible changes and future strategies in this field.
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The Accounting As An Evidence
Smolíková, Tereza ; Pelák, Jiří (advisor) ; Molín, Jan (referee)
The diploma thesis is focused on the accounting as an evidence, more specifically as a tool for procuring the proof while proving the facts claimed by the taxpayer. Firstly, there are described a financial and tax terms relevant for the topic. Then the rights and obligations of the tax administrator and taxpayer during the tax procedure are described. The last but one chapter deals with the burden of proof and with it´s transfer among the tax administrator and the taxpayer. In conclusion, an evidence that can be used in proving the facts are mentioned.
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Acquisition of ownership to land
Kubátová, Kateřina ; Drobník, Jaroslav (advisor) ; Franková, Martina (referee)
Aquisition of Ownership of Land The purpose of the Master's degree thesis is to define and give a complex description of basic legal forms of acquiring ownership right to land and describe the process of obtaining the ownership right to land. The core piece of legislation governing this question is the Civil Code supported by many other laws. There are many citations of the Constitutional Court and the Supreme Court decisions used in the text to support the statutes. These decisions are necessary when law does not provide with clear explanations and so the court gives the interpretation. This paper in many places mentions the proposed Civil Code which brings many substantial changes to the Czech law. This paper consists of five chapters. They all relate to each other however they deal with different topics and describe important issues for the overall understanding. They are ranged logically from the basic general issues and historical outline to specific ways of obtaining ownership right to land and their evidence in the Real Estate Registry. For information purposes, there is a chapter paid to English land law principles compared to the Czech land law. The first part of the thesis is introductory and explains the basic terminology which is used in the text and is crucial for understanding the...
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Freedom of worship - its constitutional and statutory regulation and reflection in the caselaw of the Constitutional Cour
Popelková, Martina ; Hofmannová, Helena (advisor) ; Suchánek, Radovan (referee)
This thesis aims to analyze legislation of the Czech legal order concerning religious freedom. The work is divided in two parts. The first part of the thesis deals with the definition of religious freedom in the first place. Afterwards the thesis describes the Constitutional law relating to the religious freedom (especially the Article No. 15 and No. 16 of the Charter of the Fundamental Rights and Freedoms of the Czech Republic), international conventions relating to the theme (e.g. The Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights etc.) and further statutory provisions and legislative rules guaranteeing religious freedom in the Czech Republic. Major part of the thesis relating to the statutory provisions and legislative rules deals with the act No. 3/2002 Coll., on Freedom of religion and the status of churches and religious societies, as amended. The act No. 3/2002 Coll. constitutes basis of regularization of the freedom of religion in the Czech Republic. Various provisions of the act No. 3/2002 Coll. were subject to review of the Constitutional Court of the Czech Republic due to their unconstitutionality. The second part of the thesis discusses various decisions of the...
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CZECH NATURALISTIC RURAL DRAMA IN POSTMODERN PRODUCTIONS
Pokorný, Vít ; VEDRAL, Jan (advisor) ; FRANZ, Vladimír (referee)
This thesis analyses several plays of postmodern Czech naturalistic rural drama. By using comprehensive analysis and numerous examples, the work deals with the key question why traditional realistic dramas based on the mimetic principles are so attractive for the nonconformist and provocative authors, generally known as postmodernists.The work introduces the term postmodernism as a new philosophical way of seeing Euro-American civilization but also as an artistic style, which gives these thoughts an aesthetical basis in the context of Czech and also world history and culture. To get the essential knowledge of the topic, the main principles of realistic and naturalistic poetics are introduced. The work is trying to find an answer to the question ask above by analysing seven plays of postmodern Czech naturalistic rural drama. The analysis is based on experience of spectators and readers and also numerous examples from postmodern literature, film, fine art and music. The key factor of this analysis is the conflict of archetypal human essence and today often discussed absence of transpersonal order, which affects humans even against their will. The interpreted texts work with the topics of human struggle with love, faith, responsibility and compassion, which seem to be very attractive for the postmodern artists. These kinds of texts can give us an evidence of the epoch we live in. Whether the personal freedom ruined human faith in some greater sense or the sexual revolution actually buried the metaphysical essence of love. As an author, I came to the conclusion, that discussed plays demonstrates a postmodern human as a schizophrenic being, denying under the influence of general moral status existence of universally valid order, in spite of seeking this order in its soul desperately. Introducing my own concept of “the great second”, I try to defend my conviction, that in this exhausting struggle, the art can be for human desired, purifying and fulfilling power
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