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Eesponsibility of business entities for admnistrative tfenses
Bače, Václav ; Prášková, Helena (advisor) ; Adamec, Martin (referee)
The presented diploma thesis aims to introduce the addressee of the text to the institute of liability of entrepreneurial natural persons for administrative delicts, which was introduced into the Czech legal system as a separate liability regime only with the adoption of Act No. 250/2016 Coll., on Liability for Administrative Delicts and Proceedings. Although an entrepreneurial natural person could, of course, have been the perpetrator of an administrative delict before, it was only with the adoption of the Act that its liability for administrative delicts was completely separated from the liability of a legal person for administrative delict. Therefore, the author of the thesis decided to discuss the regime of liability of an entrepreneurial natural person for administrative delicts in such a way that the addressee of the text would be able to get to know all important aspects of the functioning of the liability regime of an entrepreneurial natural person. The structure of the thesis consists of eight chapters including the conclusion. In the first chapter, the author defined the basic institutes constituting the very concept of liability of an entrepreneurial natural person for administrative delicts. Subsequently, the author portrayed the development of the liability for administrative delicts...
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Proceeding of Action against Decision of Administrative Authority
Kozelka, Pavel ; Prášková, Helena (advisor) ; Pomahač, Richard (referee) ; Kryska, David (referee)
Proceeding of Action against Decision of Administrative Authority Abstract The aim of the dissertation is to analyse the legal regulation providing protection of public subjective rights through the procedure of an action against a decision of an administrative authority, regulated by the Administrative Procedure Code, and to assess whether the legal regulation provides sufficient legal protection of public subjective rights, with a recommendation for its modification. The thesis deals with the foundations of the administrative justice system and its principles by looking at the historical development of the procedure of an action against a decision of an administrative authority and then analysing specific institutes of the administrative justice system. The analysis of the organisation of the administrative justice system, which significantly contributes to both the quality and the speed of judicial protection provided by the court, cannot be overlooked. For this reason, the thesis also includes an analysis of the organisation and approach of the Supreme Administrative Court, which decides on cassation appeals against final decisions of courts adjudicating in the administrative justice system, and related issues, including the compensation of costs in the administrative justice system, not only from a de...
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Public Disciplinary Offense of Civil Servants
Chadima, Marek ; Prášková, Helena (advisor) ; Pítrová, Lenka (referee) ; Bárta, Jan (referee)
1 Public Disciplinary Offense of Civil Servants Abstract This thesis deals with the sub-area of administrative punishment, specifically disciplinary punishment of civil servants. Well-established rules of disciplinary punishment should guarantee both the protection of the public subjective rights of the civil servant and the stabilization of the civil service system, as well as its depoliticization and encourage deeper professionalization. Therefore, this sub-area forms an important area of the administrative law. The main goal of this thesis is to analyze a disciplinary offense and disciplinary proceedings of civil servants in a broader context and to analyze principles applied in this area. This thesis critically analyzes the individual parts of the researched area and answers several research questions. First, the author defines the basics of the topic, summarizes the law and provides the historical frame of disciplinary punishment of civil servants. He then examines whether the decision to take a disciplinary offense on a civil servant is a decision on a criminal charge within the meaning of Article 6 of the European Convention on Human Rights. He concludes that it is not and bases multiple findings on this conclusion. Subsequently, the substantive-law and procedural-law parts follow. In the last...
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The principle of ne bis in idem in the application of administrative offences
Škopková, Šárka ; Prášková, Helena (advisor) ; Adamec, Martin (referee)
The principle of ne bis in idem in the application of administrative offences Abstract The diploma thesis is devoted to the application of the ne bis in idem principle in administrative punishment, specifically administrative offences. The conditions of application of the ne bis in idem principle have been specified by jurisprudence. The aim of the work is therefore the analysis of jurisprudence especially, both from the ECtHR and domestic courts, dealing with the given issue. The thesis also deals with the analysis of legal regulations in which the principle of ne bis in idem is placed. The introduction of the thesis defines the principle of ne bis in idem itself and lists the most important sources of law in which it is written. The sources of law are distinguished at the international level and at the national level. The main emphasis is placed on the European Convention on Human Rights, which is one of the most important sources of law in which the principle of ne bis in idem is enshrined. The following chapter is devoted to the very conditions of application of the ne bis in idem principle. Specifically, the sub-chapters deal with the nature of the proceedings (the Engel criteria are discussed), the identity of the act, the duplication of proceedings and finally the identity of the subject. In...
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The time limitation of liability for administrative delicts
Šulc, Lukáš ; Prášková, Helena (advisor) ; Adamec, Martin (referee)
The time limitation of liability for administrative delicts Summary The subject of the submitted diploma thesis is the time limitation of liability for administrative delicts. The research deals with the current legislation which was adopted with Act No. 250/2016 Coll., On Liability for Administrative Delicts and Proceedings. Special legislation relevant to the topic is also included. The aim of the thesis is to analyse applied legal rules, point out the deficiencies and provide improvement suggestions. The chapters in the first part of the thesis are dedicated to the general meaning and properties of the legal institute of time limitation of liability in the Czech law. Following the description of the general meaning the thesis spells out that the used legislative term can represent a different meaning in the field of public law. Then the thesis describes legal properties of the time limitation of liability for public offences and the reason behind the adoption of the institute. The last chapter of the first part summarizes the legal relationship that is the object of the limitation. The second part of the thesis covers the relevant provisions of the No. 250/2016 Coll. The first chapter is dedicated to the length of the time limitation and sums up the expert criticism of the legislation. Then the chapter...
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Imposition of Administrative Sanctions
Bušák, Ladislav ; Prášková, Helena (advisor) ; Adamec, Martin (referee)
Imposition of Administrative Sanctions Abstract The master's thesis makes a critical analysis of the current legal regulation of imposing administrative sanctions for infractions under the administrative infractions act and attempts to evaluate its simplicity and efficiency. It is the effort to simplify this regulation with regard to its application by administrative authorities that the legislators had in mind when adopting the new administrative infractions act. The thesis especially deals with the issues of individual aspects which an administrative authority is obliged to take into account when sanctioning the offender, so that an adequate administrative sanction is imposed that takes the circumstances of the case as well as the person of the offender into consideration. Therefore, it looks primarily at the relevant regulation of the administrative infraction act, with partial overlaps into the legal rules introduced in special laws regulating the individual facts of infractions. Apart from this, the work also surveys sanctioning of the multiplicity of infractions when it analyses the recent regulation of imposing administrative sanctions for perpetually committed infractions, as well as concurrent infractions, and explains how an administrative body imposes an administrative sanction in a summary...
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Liability of legal entity for an administrative delict
Bazsová, Melinda ; Prášková, Helena (advisor) ; Adamec, Martin (referee)
The topic of this Master's thesis is the liability of legal entities for administrative delicts. With the adoption of Act No. 250/2016 Coll., on liability for administrative delicts and the proceedings thereon, the legal regulation of administrative delicts and misdemeanours has been unified under a single category, which is misdemeanours. This legislation thus includes both the regulation of delicts committed by natural persons and the regulation of delicts committed by legal persons. The aim of this thesis is to explain the prerequisites for the liability of legal persons for misdemeanours with regard to the specific nature of legal persons and to point out the close connection between the provisions of civil law (in particular the Civil Code) and the legal regulation of the liability of legal persons for misdemeanours under the Misdemeanours Act. The first chapter briefly introduces the sources of legal regulation of administrative punishment in general. The second chapter deals with the regulation of legal persons contained in private law, taking into account the liability of legal persons for offences. It analyses the status issues of legal persons, as well as the individual conceptual features of legal persons and addresses the issue of attributability of acts of natural persons to legal...
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Principles of criminal law in proceedings on administrative transgressions
Lomozová, Petra ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
RESUMÉ Petra Lomozová: Principles of Criminal Justice in the Proceedings on Minor Offences This paper addresses to basic principles of criminal proceedings as expressed in § 2 of the Czech Code of Criminal Procedure. It seeks to find out the scope in which these principles apply to the proceedings ruled by the Act on Minor Offences, which is part of Czech aministrative law. The distinction between criminal offences and administrative offences has a long tradition in Czech and Austrian law. The criminal offences are essentially part of criminal law and underlie the jurisdiction of courts, while the proceedings on administrative offences, including the minor offences, are led by public authorities. However, this distinction doesn't rely upon firm and definite theoretical foundations and is managed differently in different European countries. That's why the Czech courts use to emphasize, that the basic principles, which apply to criminal proceedings, should also be applicable to proceedings on administrative offences. The question is treated with regard to Article 6 of the European Convention on Human Rights. This Article guarantees the right to a fair hearing to everyone charged with a criminal offence. "Charge" as well as "criminal offence" have to be understood in their autonomous meaning which differ from...
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Problems in application on free access to information
Jirovec, Tomáš ; Vopálka, Vladimír (advisor) ; Prášková, Helena (referee)
Problems in Applying the Free Access to Information Act1 By integration of the Charter of Fundamental Rights and Freedoms into the "constitutional order"2 , the Czech Republic declared the acknowledgment of the principles of democratic legal state. Wording of the Charter is in accordance with the most relevant international documents on human rights, therefore it also anchors the right to freedom of expression, closely related to the right to information as the significant means of controlling public administration by engaged public. The diction of article 17 (5) shows that the change in the conception of public affairs administration occurred when the discrete administration was abandoned for the administration publicity principle which ought to be implemented with maximum of openness and transparency. The right to information has found its statutory expression in the Act on Free Access to Information that was passed in the year of 1999. The passivity of the Czech Republic government in regulating the field of providing information forced a group of senators to draft the bill that was finally passed as the mentioned act. The fact that the text of the law did not originate in the government, which has an extensive legislative apparatus at its disposal, is one of the circumstances causing that the...
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