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Corruption - aspects of criminal law
Skalka, Ondřej ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
98 představuje dnes již rozšířený jev mezinárodní, byla v této souvislosti přijata celá řada mezinárodních smluv, kterým se věnuji v kapitole šesté. Je třeba zmínit, že celá řada mezinárodních dokumentů byla následně inkorporována do naší právní úpravy. Předposlední kapitola této rigorózní práce představuje srovnání naší právní úpravy s právní úpravou zahraniční, a to s právní úpravou Slovenské republiky. Lze konstatovat, že právní úpravy dnes již samostatných států vycházejí ze stejného základu a k pojmu korupce a boji proti ní přistupují v podstatě shodně. Tento aspekt je dán nejen tím, že ještě nedávno oba státy tvořily jediný státní celek, ale také aktuálním členstvím obou států v Evropském společenství. Kapitola poslední, osmá pak představuje závěr této rigorózní práce, její sumarizaci a názor autora nejen na další vývoj boje proti korupci. Corruption - aspects of criminal law This rigorous work is called " Corruption - aspects of criminal law". Based on it's content it is divided into eight individual chapters ( introduction, definition of the term corruption, historical background, Czech criminal law regulations of so called corruption delinquency, tools for combating corruption, international documents concerning corruption, foreign legal regulation and conclusions), in which I have tried to point...
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International protection of civil aviation safety (in particular against acts endangering the safety of aviation)
Horká, Zuzana ; Ondřej, Jan (advisor) ; Hýbnerová, Stanislava (referee)
This study deals with the international civil aviation safety purely in the sense of,,security" which means protection against acts of unlawful interference against civil aviation. The thesis is composed of ten chapters. Chapter two is introductory and defines basic notions as aircraft piracy or aviation terrorism. Chapter three characterises main forms of acts of unlawful interference against civil aviation as they were regarded in the past as well as in nowadays. Chapter four is concerned with legal sources of the International Aviation Law. Chapter five describes origins of the international repressive system and provides interpretation of the most important international antiterrorism conventions. Chapter six focuses on the exercise of juridiction and extradition under the Tokyo Convention from 1963, the Hague Convention from 1970 and the Montreal Convention from 1971. The classification of unlawful acts against the civil aviation based on the responsibility for such acts is the object of the chapter seven.Chapter eight is the overview of safety standards and recommendations which have been made by international organizations. Chapter nine is talking about the preventive system of the aviation and contains two parts. First part speaks about its general principles and second part is dealing with the...
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The legal status of parents of a child in case of the child's adoption
Vaisová, Petra ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The legal status of parents of a child in case of the child's adoption Abstract The thesis is concerned with adoption, focusing primarily on the legal status of child's parents during adoption proceedings. It aims to highlight the current problems, which stem not only from the incompleteness and ambiguity of the legislation, but also from its application in practice. When analyzing the particular topics, I relied on professional publications and commentaries on laws, which I compared with the actual articles in selected journals and the current jurisdiction, which, however, is not too rich in this area. Practical side was consulted with Dr. Zarasova - an employee of the Department of Social and Legal Protection of Children in Ministry of Labour and Social Affairs. The work consists of an introduction, five successive chapters and a conclusion. The first chapter defines the basic terms that are often used in practice and the definition of which is often not entirely clear - children, parents and family. In addition, this chapter addresses the concept of substitute family care and introduces some of its forms, which the law in the Czech Republic offers. As an overview, several international and year-to-year comparisons are also listed. The second chapter investigates the actual adoption in more detail. It...
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Human rights in international criminal proceedings
Bureš, Pavel ; Šturma, Pavel (advisor) ; Čepelka, Čestmír (referee) ; David, Vladislav (referee)
Právnická fakulta Univerzity Karlovy v Praze Katedra mezinárodního práva Mgr. Pavel Bureš Human Rights in International Criminal Procedure Praha 2011 2 Abstract The rapid development of International Criminal Law in the second half of 20th century and especially on its end is marked by a proliferation of international criminal judicial organs and thereby by a huge increase and development of procedural norms determining these organs' jurisdiction and functioning but also specifying procedural status of individuals - suspected and accused persons, victims. The submitted thesis focuses on one of the aspects of individuals procedural status, namely their procedural guarantees - human rights in international criminal procedure. The analyse of human rights in international criminal procedure (the proceedings before International Criminal Court) was done having been backed by statutory regulations of international military tribunals and ad hoc tribunal for Former Yugoslavia and Rwanda and their case-law. The hypothetical start point was to consider that procedural guarantees in the ICC procedure established by Rome Statute in 1998 are on a highest level and more detailed than these guarantees enshrined in ad hoc tribunals Statutes and even in international universal or regional human rights protecting...
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Powers of the Constitutional Court of the CR and the Federal Constitutional Court of the Federal Republic of Germany (a comparison)
Ladýřová, Šárka ; Jirásková, Věra (advisor) ; Suchánek, Radovan (referee)
(abstrakt v anglickém jazyce) The main contents of this dissertation (diploma paper) is a study of jurisdiction of The Constitutional Court of the Czech Republic and of The Federal Constitutional Court of Germany and their comparison. The first part of this work describes in brief the genesis of the constitutional jurisdiction and its two basic types. Afterwards there is characterized the constitutional jurisdiction in Germany and in the Czech Republic and next there is described legal regulation and organisation of the German and Czech constitutional courts. Further I deal with the jurisdiction of constitutional courts (of european continental type) in general. In the second part of this work, first I give a general idea about jurisdiction of the German and Czech constitutional courts. After it I already deal with analysis of their single, selected competences - in the concrete: regulation control (judicial review), constitutional complaint, judicial review of international conventions and questions of jurisdiction. I have not focused on the other competences, which the both constitutional courts dispose of. Firstly there is no need to analyse them for the sake of insight into the problem, secondly there should be kept adequate range of this work. The third part results from the analysis of the...
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Sexual violence against women during an armed conflict - the role of international criminal tribunals
Rejzková, Barbora ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
- Sexual violence on women in armed conflicts - the role of the international criminal courts The main purpose of the thesis is to analyse the role of international criminal courts notably the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. It will analyse the process of the development of the international individual criminal responsibility of the perpetrators of sexual violence on women in the course of war. Sexual violence on women played an almost integral part of every armed conflict since the beginning of warfare. Despite this fact, the topic of sexual violence on women has been, until recently, generally ignored by politicians, historians and lawyers. The relevant treaties of the international humanitarian law also either ommited or trivialized rape and other crimes of a sexual nature. Not until the worst atrocities were committed in the armed conflict in the former Yugoslavia and Rwanda at the beginning of the nineties was the sexual violence recognized as a serious crime which causes great suffering to victims, both physically and mentoly, and has to be properly investigated and prosecuted. In respect of the fact, that sexual violence has, in the last decades, become a particularly effective weapon of war rather than a random...
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The Criminal Aspects of the Drug Crime
Kučera, Milan ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
The Criminal Aspects of the Drug Crime Resume The rigorous work is concerning legal aspects of issues of criminal activity connected to production and distribution of narcotic drugs and psychotropic substances and related problems. The introduction outlines general theoretic solutions of the topical issue focusing on social, medical, and criminological aspects. There are presented basic information on narcotic drugs and psychotropic substances addiction, and outlined mutual consequences of the topical issue concerning drug use and organized crime. The definition of the concept of drugs and its effects in human body is the next. The part two covers issues of substantive law amendments in relation to drug criminal activity. There is firstly defined the basic terminology related to the topic, made a brief historical insight and analysis of international conventions that are aimed to combat drug criminal activity, namely Single Convention on Narcotic Drugs, Convention on Psychotropic Substances, and United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Community dimension of the topic is also briefly outlined. When regarding the subject-matter, chapter III and IV are the fundamental sections of the work. Third part includes relatively large analysis of substantive law...
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Terrorism as a crime under international law
Hromek, Vojtěch ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee)
Terrorism as a crime under international law The purpose of this thesis is to assess the possibility of prosecuting terrorist attacks as crimes under international law and analyse the feasibility of their prosecution before the International Criminal Court. The reason for this research is is twofold. First, compared to the international academic scene, Czech research related to this topic is relatively sparse. Second, the international terrorism has grown into a massive issue of international significance and its global aspects leave the traditional national judicial mechanisms somewhat lacking with regards to the efficiency in its prosecution. The author has therefore attempted to examine the possibility of using the only permanent global judicial body available in today's world, the International Criminal Court. The thesis is composed of six chapters, each of them dealing with different aspects of prosecuting the terrorism as an international crime. Chapter One is introductory and defines basic thoughts upon which this thesis builds. It also presents the structure of the thesis with regards to possible issues which may arise during its course. It also explains the reasons for said research as described in the first paragraph of this abstract. Chapter Two is concerned with the term terror and...
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Dispute resolution with an international element within the area of sports law
Kořínková, Markéta ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
RESUMÉ Title of the thesis: "Dispute resolution with an international element within the area of sports law". The aim of the thesis is to outline the systém of the dispute resolution reflecting sport specifics, especially the autonomy of sport bodies. The autonomy allows sport federations to establish decision-making bodies deciding upon the rights and duties of their members. In the first chapter of the thesis I discuss the proceedings before the decision-making bodies of the international sport federations. These bodies decide especially on disciplinary matters. As appeal bodies they deal with challenged decisions of the lower organizational level authorities. They also exercise jurisdiction in all matters entrusted according to the statute or other regulations while applying especially regulations of the relevant sport federation. I discuss the compliance of the principle of the fair proceedings and the issue of the binding force of a decision. The decision of sport bodies can be challenged only after the exhaustion of the remedies within the relevant sport federation in the proceedings before an ordinary court or arbitral tribunal if an arbitral agreement have been concluded. The judicial review is examined in the second chapter of my thesis. I deal with the admissibility of the judicial review of the...
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Tax optimization on a model American company through the jurisdiction of the Netherlands since 2006 to 2016
Choutková, Aneta ; Vostrovská, Zdenka (advisor) ; Hájek, Jan (referee)
International tax planning is a phenomenon of recent years. One of the ways suitable for a tax optimization is the use of the area bearing the sign tax haven, which is also the subject of this thesis. The possibility of optimizing is demonstrated on a specific model example of American company optimizing through the jurisdiction of the Netherlands, which is often used for this purpose. Optimization areas included in this thesis are dividends, interest and royalties. Then based on the creation of optimization structures is shown how a company can achieve tax savings and increase net profit. Work is divided into six chapters. The first chapter builds a theoretical framework. The second chapter deals with international investment flows and the special position of the Netherlands in this area. The third chapter examines the main aspects that make tax havens attractive. The fourth chapter describes the economic, business and tax environment in the Netherlands. The fifth chapter is created by the analysis of optimization for a specific model example. The final chapter discusses current initiatives of the OECD, EU and US in the fight against tax havens.
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