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Reviewing the decision on an administrative delict
Marková, Monika ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Reviewing the decision on an administrative delict Abstract This diploma thesis deals with the reviewing the decision on an administrative delict, i.e. the reviewing performed by administrative authorities, but also by courts. The objective of this thesis is to define the basic terms and principles used in the reviewing the decisions on an administrative delict, and to further focus on individual means that allow the reviewing the decisions on an administrative delict. These individual means are discussed in the thesis, and there are also outlined their problematic aspects. The partial objective is to think about the current legislation in connection with the matter, whether such amount of various means is needed and whether this purposefully ensures the fulfilment and protection of rights. This thesis is divided into four basic parts. The first chapter is dedicated to sources of legislation and the influence of international and criminal law on the reviewing the decisions on an administrative delict. In the second chapter, there are defined the basic terms of the reviewing the decisions on an administrative delict, and there are further elaborated the principles that manifest themselves in the reviewing the decisions on an administrative delict. The means allowing the reviewing the decisions on an...
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Liability of legal entity for an administrative delict
Kukla, Lukáš ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The topic of this Master's thesis is the liability of legal entities for administrative delicts. With the adoption of the act number 250/2016, on the liability for administrative delicts and the proceedings on them, a legal regulation regulating administrative delicts and misdemeanours was unified under a single category of administrative delicts. This act newly regulates the administrative liability of legal entities. The aim of this thesis is to analyse individual factors of liability of legal entities for administrative delicts. The first chapter outlines the historical development of the administrative liability of legal entities from antiquity to the current legal regulation with a focus on the development of this legislation in our country after the year 1918. The chapter concludes with the reform of administrative punishment. The second chapter offers a brief discussion of the sources of legal regulation of liability for administrative delicts. The third chapter focuses solely on the concept of a legal person from the point of view of the Civil Code and of the term administrative delict, its material and formal aspect. The fourth chapter deals with the basics of liability of a legal entity for a delict. It focuses on the conditions under which a legal entity is the perpetrator of a delict....
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Administrative infractions in fire defence
Trachta, Jan ; Vedral, Josef (advisor) ; Prášková, Helena (referee)
v anglickém jazyce Administrative defenses in the fire protection The aim of this thesis is to evaluate the current state of legal regulation of administrative offences in fire protection. With the new administrative offence law, there have been significant changes in the area of offence law, which bring many complications in the area of fire protection. The term " administrative offence" has been expanded with other significant changes have been made. Administrative offences, which previously could only be committed by natural persons, can also be committed by legal entities and natural business persons. In the first part, the thesis deals with the general principles governing the offence law and with their influence on fire protection offences. These principles are fundamental for the understanding of other offence law instances. The thesis also deals with the development of legislation in the area of fire protection. Currently, the most important laws in this area are the Fire protection law and the Fire rescue brigade law, where all fire protection administrative offences are regulated. However, the Fire protection law has not been amended to this day, therefore it does not respect the new general regulation of administrative offence law, which causes interpretative complications. In the main...
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Regulationship between delicts and criminal offences
Parýzková, Julie ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Relation between Administrative and Criminal Offenses Abstract This thesis deals with the analysis of the relation between two public offenses; administrative offenses as delicts of administrative law to criminal offenses as delicts of criminal law. The thesis introduces the historical development in the Czech lands, illustrating the origin of the division of offenses of public law and its gradual transformation over time. The chapter on history concludes with the description of the models of relation between administrative and criminal offenses which have arisen in civil law over the course of history. It is followed by an analysis of the conceptual features of offenses de lege lata, in which the definition of an administrative offense is compared to the definition of a crime. The main topic of the thesis is the boundary between administrative offenses and criminal offenses, which compares the current legal regulation with the theoretical basis and further analyses the aspects of the division of public-law offenses with the indication of alternative possibilities of this division. The thesis also looks at criminal records and the influence of European Union law in determining the boundary between offenses and crimes. Furthermore, the thesis deals with the comparison of administrative and criminal...
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Development of Administrative Delict Law
Hausman, Jiří ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The topic of this thesis is the development of Infraction Law throughout time. The objective of the thesis is to provide a general outline of when the current Czech Law adopted the legislation for infractions and the form the Infraction Law (both procedural and material) took in its later developmental phases. Another objective of the thesis is to determine what changes have been introduced into the Infraction Law throughout time. The sources I used to prepare this thesis were the relevant legal documents specifying the legal regulations of Infraction Law, the available periodical literature, as well as the judicial decisions issued in this legal area. The thesis is divided into six chapters in total. The first chapter defines two of the basic important concepts. The second chapter provides a chart of the development of Infraction Law since its conception in the year 1787 until the formation of the Czechoslovak Republic in the year 1918. This chapter is further subdivided into three sections. The first section describes Infraction Law during its first developmental phase, which is the time its formation took place. The second section presents a map of the development of Infraction Law in the period between 1803 and 1852. Last but not least, the third section is dedicated to the development of...
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Privilege against self-incrimination of legal entity in administrative proceedings
Švásta, Pavel ; Prášková, Helena (advisor) ; Průcha, Petr (referee) ; Staša, Josef (referee)
This thesis deals with the topic of privilege against self-incrimination of legal entity in administrative proceedings and in offence proceedings. The following reasons led me to the choice of this topic. First of all, it is a multidisciplinary topic involving criminal law, criminal administrative law, constitutional law, and private law, especially the regulation of legal entities. Furthermore, with the exemption of decision-making praxis of courts, and a few academic essays, attention hasn't been paid to this topic in its complexity. For this reason, this topic has offered novelty and the possibility of observing the progressive development of judicature, especially the decision-making praxis of the Supreme Court of the Czech Republic, the Supreme Administrative Court of the Czech Republic as well as the Constitutional Court of the Czech Republic and the European Court of Human Rights. The first part deals with the historical origins of privilege against self-incrimination and development of the criminal proceedings over the centuries. Special attention is paid to the fact, that privilege against self-incrimination was originally part of criminal proceedings until the 12th century, when this privilege was removed from the canon law and replaced with the inquisitional process which was linked with the...
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Decisions of administrative courts concerning actions against the decision of administrative body in cases of administrative delicts
Zíma, Jakub ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
in English Title: Decisions of administrative courts concerning actions against the decision of administrative body in cases of administrative delicts A subject matter of this thesis is analysis of current law and judicial practice in field of review of decisions of administrative bodies in cases of administrative delicts. In introduction of the thesis the author briefly sums up the historical development of the administrative jurisprudence and the influence of international regulation and judicial decisions of the international courts. The author describes and analyzes international requirements on deciding in full jurisdiction and relevant law in the Czech Republic. In this context, the author briefly analyzes the current and relevant law in Germany and Poland. The thesis analyzes whether the Czech law meets the requirements on deciding in full jurisdiction of not. The author describes chosen particularities of law regarding the judicial review of administrative delicts and the influence of judicial decisions upon the limits of the relevant law. The thesis further analyzes judicial decisions and its influence upon possible extension of protection of offender of administrative delict. The author further considers and analyzes court's right to moderate the punishment, its legal scope and possible...
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Administrative infractions against public order
Lankašová, Rebecca ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This dissertation deals with the topic of minor offences against public order. While working on this dissertation there has been a major change in the law, where the act number 200/1990 Sb. about minor offences was replaced by two new acts. Firstly it was replaced with the law number 250/2016 Sb. about responsibility for minor offences and the legal proceedings (furthermore minor offense law) and secondly with the law number 251/2016 Sb., about selected minor offences. This thesis aims at the area of minor offenses against public order regulated in the act about selected minor offences, it describes individual offenses and analyses whether there has been any change compared to previous regulations. This dissertation consists of seven chapters. In the first chapter I deal with the definition of a minor offence. I describe the individual definition of minor offences and describe its particular features. The second chapter follows the first; I deal with the responsibilities for offences caused by legal entities and business individuals. This modification was not previously included in the offense law, and I would like to describe the individual bases of responsibility for these subjects. The third chapter deals with the definition of public order. Public order belongs to a so called vague legal terms...
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Liability for administrative delicts
Hojková, Eva ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This Master's thesis main theme is the liability for administrative delicts and mainly the expiry of the liability for administrative delicts. With the commencement of an act number 250/2016, about the liability for administrative delicts and the proceedings about them, there raised a question about how far this act is complex and unitary. The goal of this thesis is evaluation of the new act and comparison with the old act mainly in the field of the expiry of the liability for administrative delicts. In the second chapter the thesis deals with the development and history of the liability for administrative delicts and with the acceptance of new act. The chapter ends with the sources of the law of administrative delicts. The third chapter is devoted to foundations of the liability for administrative delicts. Reader can find there the basis of the liability of natural persons, legal persons and natural persons who are entrepreneurs and basis about circumstances that exclude the liability. This chapter is the foundation for chapter four which is devoted to the main theme of the thesis - expiry of the liability for administrative delicts. The fourth chapter deals with the reasons for expiry of the liability for administrative delicts. The author introduce and analyze particular problems chained with...
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Development and issues of subjectmatter and territorial jurisdiction in administrative infraction proceedings
Budil, Petr ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The main objective of this master thesis is to provide a view into the development of subject matter and territorial jurisdiction in administrative infraction proceedings as a part of administrative punishment law. The thesis handles this issue in its entirety, that is form its origins up to considerations on the future legal regulation, and, furthermore, analyses the issue into more depth. The thesis relies mainly on legal regulation and relevant literature as its primary sources and is divided into three chapters. The first chapter, firstly, deals with the development of subject matter and territorial jurisdiction in the 18th and 19th century and focuses on the formation of the concept of infraction itself, its division into the categories of administrative and judicial infraction and the gradual obsolescence of the phenomenon of judicial infraction. Secondly, it handles the transfer of subject matter jurisdiction in "judicial" infraction proceedings from administrative authorities to courts and, thirdly, defines the three bodies authorized to conduct administrative infraction proceedings. In the second chapter, the issue of subject matter and territorial jurisdiction in the 20th century is dealt with. Its primary aim is to describe several unsuccessful legislative proposals in the area of...
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