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Sanctions for administrative delicts and protective measures
Rejdová, Kateřina ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The thesis, the topic of which is "Sanctions and protective treatment measures" provides an insight into the matter of very narrowly specified branch of administration criminal law as a sub-branch of the administration law, which is traditionally categorized as general administration law. The topic is not elaborated on in its entirety due to a large number of regulations on penalisation in administrative law, the thesis offers a general overview of the sanctions that can be imposed if an offence against administration law has been committed. The overview has been narrowed down to provisions regulating certain specifics of the sanctions. Chapter One is dedicated to penalization in administration criminal law in general. In addition to a brief summary of penalization in administration law and presenting the variations in penalization in administration criminal law and in criminal law principles ruling administration criminal law penalization are being elaborated on based on their evolution in court decision making, the influence of criminal law and also the influence of respective Council of Europe regulations; characteristics of the basic elements of the liability in administration law and the history of penalization of offences in our country are then being introduced. Chapter Two focuses on the key word of...
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Proceedings for administrative infractions in the first instance
Lokvenc, Jan ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Resume Title of this thesis: Proceedings for administrative infractions in the first instance. The thesis deals with administrative infraction proceedings in the first instance, mainly about the steps of administrative office before instituting the administrative proceedings. It is based on the new scholarly literature, incorporates new judicature and takes account of methodologies of Ministry of the Interior and practical problems. In the chapter I there are defined administrative infraction proceedings, its relation to Administrative proceedings Act and the infraction and there is also described the basic character of the proceedings for administrative infractions in the first instance. In the chapter II there is described competence of administrative office in administrative infraction proceedings, namely subject-matter jurisdiction, local jurisdiction and function competence. It deals with the changes of these competences too. Furthermore, in this context the thesis deals with professional competence of persons in authority and with contracts under public law. In the last part there are mentioned the reasons for exclusion of administrative persons, above all from bias. In the chapter III there is explained the purpose of steps before instituting the administrative proceedings. First, it describes the...
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Proceedings for the granting of international protection
Mašková, Barbora ; Vopálka, Vladimír (advisor) ; Prášková, Helena (referee)
The thesis deals with procedure of asylum and additional protection granting in the Czech Republic. The thesis focuses on characteristic features of the process; primarily the proceeding the application of protection and asylum granting by official authorities. To a certain extent, the thesis copes with substantive law; it defines terms of refugee and asylum law. It enumerates and characterizes the mentioned terms in connection with the process of the asylum and protection granting in the Czech Republic. Impact of the European Union law on the Czech internal law is also discussed.
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First-instance proceedings for administrative transressions
Novotná, Martina ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Offence proceedings in the first instance Resumé The offence proceedings are a special type of the administrative proceedings, through which the administrative body adjudicate on the accused of the offence and his guilt and punishment. The purpose of the offence proceedings is to find out solution of a question, if the offence was committed and who is responsible for that. The offence proceedings are regulated mainly in the code no. 200/1990 Sb., Act on Transgressions, and subsidiary in the code no. 500/2004 Sb., Administrative Procedure Rules. Also legal principles are very important and influencing the offence proceedings. The offence is the object of the offence proceedings. The offence according to the Czech legal system is considered as a wrongful act which is injurious to the public as the crime is, but the difference between them is that the offence is less serious than a crime. The participants and the administrative body are the subjects of this type of proceedings. The offences are heard by the administrative body and the administrative body decides on rights and impose the obligations towards the offender. The participants of the offence proceedings are the accused of the offence, the aggrieved party, the owner of the thing, that might be confiscated, and the applicant, who put the petition....
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Administrative penalization by the Czech Republic customs authorities
Krchňák, Tomáš ; Mikule, Leoš (advisor) ; Prášková, Helena (referee)
The aim of this thesis, which is concerned with the topic Administrative Punishment By Customs Authorities Of the Czech Republic, is to clarify the problems of administrative punishment with a special focus on administrative delicts handled by customs authorities. The thesis offers an excursion into the history of administrative punishment which is followed by a passage about the history of customs administration with a sketch of the present-day competences of customs administration as a security body. The main part is dedicated to administrative delicts, i.e. offenses as well as other groups of administrative delicts. The thesis contains theoretical solutions of the administrative law accompanied by problems of concrete administrative delicts, which are to be handled by customs authorities. The sphere of detecting and handling the administrative delicts, including the remedy measures and possible court protection is an inseparable part of the problems of administrative punishment.
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Consequences of a breach of duties by participants in highway traffic
Uhlířová, Daniela ; Prášková, Helena (advisor) ; Vopálka, Vladimír (referee)
Resumé This thesis deals with legal consequence of road users who violate their duties in road traffic. Intensity of road traffic permanently increases. Almost everyone participates in the road traffic day by day. Among the participants occur many dangerous and egoistic individuals, who do not observe the road traffic regulations. Theirs irresponsible behaviour often results in car accidents and damage to person and property. One of means to improvement of the road safety is efficient punishment of driving offences. I have divided my thesis into introduction, five chapters and conclusion. The introduction briefly introduces the problematic. In the second chapter I have paid attention to definition of terms "road user", "duties of road users in traffic" and "legal consequence of violation the duty". In the third chapter I have dealed with driving offences. Offence is one of the administrative torts, which is defined by Offence Act no. 200/1990 Coll. It is unlawful action which violates or endangers protected interests of society. Driving offences violate or endanger safety and fluency of the road traffic. Merits of the driving offences are defined not only by Road Safety Act no. 361/2000 Coll, but also by Act no. 13/1997 Coll. and Act no.56/2001 Coll. Second chapter consist of four part. In firts part I have...
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Punishing administrative transgressions and the system of penalty points under the Highway Traffic Act
Ferancová, Zuzana ; Vopálka, Vladimír (advisor) ; Prášková, Helena (referee)
Punishing of administrative transgressions and the system of penalty points under the Highway Traffic Act Abstract The content of the diploma thesis focuses on matter of the system of penalty points and selected issues regarding punishing of administrative transgressions. The paper is composed of five parts. Chapter One introduces Czechoslovak historical predecessors of the system of penalty points and examines the development of its current legal regulation in the Highway Traffic Act. The second part deals with fundamental principles of the system of penalty points and particularly assesses the function of prevention principle. The following chapter analyzes the actual legal regulation of the system of penalty points. The author warns against relating insufficiencies and recommends the appropriate solution. The goal of the Chapter Four is based on survey of the fact, whether the system of penalty points represents the sanction by its nature. The author critically researches the proportionality of the system of penalty points and its accordance with the Czech constitutional order. This chapter also concerns with judicial decisions of Czech courts and the European Court of Human Rights referring to the character of the system of penalty points. The last chapter evaluates the proportionality and compliance...
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Sanctions for administrative delicts and protective measures
Michalička, Martin ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Sanctions for administrative delicts and protective measures Abstract The focus of this thesis is on the phenomenon of administrative punishment. Its purpose is to summarize certain important aspects connected with the imposing of administrative sanctions and to present the classification of administrative sanctions. Thesis is bases on the current doctrine of administrative law and judicial decisions of administrative courts. It characterizes terms of sanction and punishment as understood by law and particularly in the sphere of administrative law, with notion to differences between court and administrative crimes. Thesis further analyses administrative punishment based on its purpose and summarizes the theoretical concepts, which are attributable to the purpose of punishment in criminal and subsequently in administrative law. It identifies preventive and repressive functions of administrative punishments as two most widely applicable functions. Classification of administrative punishment is described and assessed. This classification is based on the classification of administrative crimes. Sanctions connected to each kind of administrative crimes are mentioned. As the most common administrative sanction is fine, therefore most attention is focused on this sanction. Thesis also mentions some of legal...
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Administrative transgressions against the safety and smooth traffic flow on highways
Sárová, Lenka ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
The presented thesis refers to the administrative transgressions against the safety and smooth traffic flow on highways. This is very actual topic currently, because everybody meets with these administrative transgressions in his life. The thesis is composed of seven chapters. The first chapter introduce us with the history of legislation in the period from the formation of the Czechoslovak republic in 1918 to the presence. The following chapter describes relevant legislation. This chapter contains general regulation of liability for transgressions, as well as discusses the constituent elements of transgressions and ends with characteristic of the constituent elements defined by the Law of highway traffic. In the third chapter, I focused on the comparison of transgressions and crimes. First I compared the general arrangement for liability for crimes and transgressions. Furthermore, I have listed which crimes could be committed in connection with the highway traffic, and then I looked on, in my opinion, mostly committed crimes. The fourth chapter deals with the sanctions that may be imposed for transgressions. The rules on penalties are prescribed by Law of transgressions; the specific amount of sanctions is set by the Law of highway traffic. The administrative transgressions against the safety and smooth...
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Administrative infraction proceedings: selected issues of the first instance proceedings
Richtr, Aleš ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Resume This thesis deals with the first degree offence proceedings. Taking into consideration a large extent of the topic, the thesis is focused just on few of the most important institutes. Besides a short definition of the basic terms and their contents, the thesis aims its attention to sources in which an adjustment of offence proceedings on international as well as national level is included. Especially European Convention on Human Rights and activity of European Court on Human Rights (ECHR) that is connected to the Convention are important elements in the system. On the basis of ECHR's autonomous interpretation of the term "criminal charge", many fundamental rights formerly designated only for criminal proceedings have been applied within the field of administrative sentencing as well. This dissertation follows up in detail some decisions of the court, its argumentation and considerations that lead to its final conclusion. A signifiant role in this field plays Recommendation of the Committee of Ministers of Council of Europe no. R (91)1 on Administrative Sanctions in which ten basic principles are defined. These principles protect basic rights of a defendant and should be guaranteed during offence proceedings by the state. Then, main sources of the treatment of this area on the internal level are...
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