|
|
Legal Regulation of Wild Animal Protection
Křížová, Barbora ; Stejskal, Vojtěch (advisor) ; Jančářová, Ilona (referee) ; Derlich, Stanislav (referee)
Legal Regulation of Wild Animal Protection Abstract The dissertation deals with the protection of wild animals and its legal regulation. Wild animals are protected within the biodiversity protection and nature and landscape conservation, which can be divided into territorial and species protection, while the dissertation focuses mainly on the species one. In addition to the explanation of basic terms, the dissertation consists of three main parts, which focus on the international, European Union and Czech legal regulation. The first part on the international law analyzes the Convention on Biological Diversity, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Convention on the Conservation of Migratory Species of Wild Animals and the Convention on the Conservation of European Wildlife and Natural Habitats. The next part on the European Union law mentions pertinent conceptual tools and subsequently the relevant directives and regulations. These include, above all, the Birds Directive, the Habitats Directive, the Zoos Directive, the Regulation on the Protection of Species of Wild Fauna and Flora by Regulating Trade Therein, and the Regulation on Invasive Alien Species. The third main part pays attention to the Czech legal regulation. First, representative conceptual...
|
|
|
EU legislation against air pollution and its implementation in Czech law
Stantić, Kateřina ; Derlich, Stanislav (advisor) ; Žákovská, Karolina (referee)
EU legislation against air pollution and its implementation in Czech law This thesis deals with legal regulation of air protection in the EU and its implementation into Czech law. The introductory chapter defines the basic concepts of air protection, including pollutants. The second chapter presents the EU's environmental competences and the EU's ability to enforce the law if it is violated by Member States. The third chapter analyzes the key tool of EU air protection - Directive 2008/50 / EC. The chapter first describes the EU's air protection policy and the reasons that led to the adoption of the directive in its current form. Subsequently, it contains a detailed analysis of the current wording of the directive and its implementation into Czech law. In conclusion, the chapter presents findings on areas where the requirements of the directive are not fully implemented in Czech law. The fourth chapter applies a similar approach to Directive 2016/2284/EU. After the initial introduction of the directive and its analysis, the way in which the requirements of the directive are implemented into Czech law is presented. In the light of recently issued documents of the Ministry of the Environment, it can be seen that national emission ceilings are currently being reached in the Czech Republic. The chapter also...
|
|
|
Legal protection of wolf in Czech Republic
Polák, Vojtěch ; Derlich, Stanislav (referee)
The purpose of this diploma thesis is to evaluate legal protection of grey wolf in the Czech Republic based on comparison carried out with legal codes of our neighbours and international law environment in order to offer a solution for revealed deficiencies, since, as the thesis describes, the number of wolfs dwelling in the wild areas of the country has been gradually growing. It is the question of direct protection and wolf's legal status, which is examined, as well as related administrative obstacles, and conditions or means of hunting, respectively. The thesis also deals with the issue of legal status of "wolf-dog" hybrids. Furthermore, currently pressing matter of compensating damage caused by wolfs is examined. Finally, attention is devoted to the protection provided to wolfs within the field of pet breeding and animal trade.
|
|
|
Viniculture and wine-making from a legal viewpoint
Löffler, Jan ; Damohorský, Milan (advisor) ; Derlich, Stanislav (referee)
Viniculture and wine-making from a legal viewpoint Abstract This thesis is primarily a theoretical treatise on the legal regulation of viticulture and wine-making in the Czech Republic. It aims to provide an overview of the current legal regulation of the most important institutes of both aforementioned fields, focusing on the Act No. 321/2004 Coll. on viniculture and winemaking, but also other laws and sources of law with regard to EU legislation. Emphasis is placed on the individual aspects of viticultural activity and the subsequent manufacturing of wine products and the conditions for their marketing. This thesis is divided into 8 chapters, including an introduction and a conclusion. The introductory chapters are focused on defining the position of the wine law in the legal system of the Czech Republic and clarifying the relations between the sources of law of viticulture and wine-making in the context of EU legislation. The main body of this thesis is included in chapters No. 3 and No. 4. These chapters are devoted to the current legislation in the field of viticulture and wine-making. The viticultural part of the work is focused mainly on the regulation of vine planting and some aspects which are closely related to viticultural activity, such as phytosanitary care and fertilization. In the wine-making...
|
|
|
Instruments of environmental protection in Czech law
Rychecký, Albert ; Derlich, Stanislav (advisor) ; Stejskal, Vojtěch (referee)
The subject of this diploma thesis are instruments of environmental protection, which are used in the Czech legal system. With the aid of these instruments the state and other institutions try to ensure the most effective environmental protection. The instruments of environmental protection are divided into two basic groups. On one hand there are instruments with direct effect, on the other hand instruments with indirect effect. In the first group belong instruments administrative, conceptual, vindicatory and special. Economical instruments fall into the second group. Administrative instruments include primarily different commands, restrictions, permissions, standpoints, expressions, standards and limits. They are about actions that are applied by public authorities. To the conceptual instruments belong different conceptions, plans and programs that represent certain long-term documents of human aiming in a certain area. To the vindicatory instruments belong fines and other forms of penalties. We distinguish tort liability and responsibility for environmental damage. Economical instruments consist mainly of taxes and fees. They are distinguished by distinct effect on addressees by the fact, that they provide them the possibility for the choice of behaviour. To the special instruments belong...
|
|
|
Legal lability in the field od administrative and criminal protection of animals
Hrudičková, Anna ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
Due to the comprehensiveness of the topic of animal protection, the thesis focuses on its specific segment - liability in tort in the field of animal protection as individuals. In the diploma thesis the term "animal" is used stricto sensu - it means individuals falling under the term "animal", as defined by the Act No. 246/1992 Coll., on the Protection of Animals Against Cruelty - ie every living vertebrate, except humans, but not the fetus or embryo. The aim of the diploma thesis is to give an explanation of tortious liability in the field of administrative and criminal law in animal protection, to critically evaluate the current legislation, identify problematic areas and suggest possible changes. The secondary goal is to present the basic scope of the primary obligations set by the Act No. 246/1992 Coll., on the Protection of Animals Against Cruelty. The diploma thesis is divided into a total of six chapters, introduced by the introduction and supplemented by the conclusion. The first chapter provides an explanation of the basic concepts that are used in the field of animal protection, such as the term "animal" and similar terms or for example term "welfare". It defines the position of animals in private and public law and presents the subsequent categorizations of animals. The second chapter...
|
|
|
Legal aspects of alternative fuels' use in transport
Straka, Jakub ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
Legal aspects of alternative fuels' use in transport Abstract What connects solar energy, palm oil and the construction of the Nord Stream 2 gas pipeline? All these topics have one common denominator, i.e. alternative fuels. This group of fuels, which is represented by electricity, hydrogen or biomethane, has the ambition to replace fossil fuels and reduce the negative environmental effects of the sectors of the economy where fossil fuels are used - in transport and energy. This thesis focuses on the transport sector and pursues two lines. The first part of the text examines, by using the example of biofuels, natural gas and electricity, whether and to what extent alternative fuels fulfill the purpose of the alternative in relation to oil-based fuels. The principle of energy security and the principle of sustainable development in its environmental and economic aspects are used as a benchmark. In the second part, this thesis pays attention to legal instruments that determine the future of alternative fuels. Specifically, emission limits for passenger cars and light-duty vehicles and financial support for alternative fuels at all stages of their life cycle are analyzed. The purpose of this work is to capture the momentum of the ongoing legislative development in the field of alternative fuels, to try to...
|
|
|
Acquisition of ownership right to plots
Sojková, Alžběta ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
Acquisition of ownership right to plots Abstract The topic of this thesis is the problematics of acquisition of the right of ownership of lands. The work is divided into four chapters, which are further divided into subchapters. The first of them focuses on the definition of basic concepts related to the topic of the work, namely land, plot and property rights. The second chapter deals with the specifics of land ownership, among other things through its basic features - subject matter, content and subject. The third and fourth chapters form the very focus of the work. The third chapter deals with the transfer of ownership of land, the definition of basic types of contracts for the transfer of ownership (contract of sale, donation contract and contract of exchange), the problematics of invalidity, putativeness and relative ineffectiveness of the contract on transfer of ownership of land, withdrawal from the contract and its consequences and problematics of review activities within the registration in a Cadastre of Real Estate by cadastral office. The fourth chapter deals with the problematics of the transition of ownership of land and defines the various ways of acquiring ownership in the context of the Civil Code of 1964 and related case law and applicable law of the Civil Code. The work focuses on...
|
|
|
Legal regulation of hunting management
Čech, Jan ; Damohorský, Milan (advisor) ; Derlich, Stanislav (referee)
75 Abstract This diploma thesis deals with Legal Adjustment of Gamekeeping. Gamekeeping is perceived not only as a hobby, but it is a phenomenon which became a lifestyle of many people. The main purpose of hunting is to protect and maintain freely living game for the future generations but at the same time ensure the environment protection. According to the importance of the environment protection and the game there is no doubt, that this issue requires its own legal adjustment. The adjustment has evolved over years and these days it is influenced by the globalization, membership in multinational communities and organizations and many others. In the introduction the term Gamekeeping is presented together with the reasons which make this topic current. In the first chapter the history of hunting is analysed heading towards the development of gamekeeping including the role of poaching during over the years. The second chapter is an important part of the thesis, it processes sources of the gamekeeping legislation. The international legislation related to many international contracts focused on component aspects of the environment protection is mentioned first.It is also necessary to deal with the legislation of the European Union, of which the Czech Republic is a member, in which the legislation is included...
|
|
|
Private law instruments of environmental protection
Vévoda, Jan ; Derlich, Stanislav (referee)
Private law instruments of environmental protection Abstract Private law deals primarily with the regulation of relations between individuals and the protection of their individual rights, whether personal or property. The aim of this dissertation is therefore to determine whether and how the instruments of private law can be used to protect the environment. For this purpose, an analysis of the relevant private law institutes has been carried out, such as the protection of the personality, neighbourhood law, and the prevention and compensation of damage, which are the most important means of protecting the rights of an individual. Protection of personality in private law is primarily designed to protect the life, health and privacy, but it is useful to indirectly protect the environment from the effects that these values threaten, as shown by extensive decision-making practice of the European Court of Human Rights. The right to live in a favourable environment is a new institute in Czech civil law, which could have a great potential for environmental protection purposes, but it still lacks a more detailed regulation and there is also no case law. Neighbourhood law serves to protect the real estate owners against the disruptive effects of the activities of their neighbours. These are referred to as imissions...
|
guest ::
