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Firearms and ammunitional legal regulation from the perspective of the law of the European Union
Jandásek, Vlastimil ; Staša, Josef (advisor) ; Sharp, Vladimír (referee)
Thesis title: Firearms and ammunition legal regulation from the perspective of the law of the European Union The thesis deals with the legal regulation on firearms and ammunition in the Czech Republic with an emphasis on the new legislation as a result of adoption of the relevant European Union legal framework. The individual principles and legal concepts related to firearms and ammunition are analyzed, the relevant European directive approach is illustrated and novelties, modifications, restrictions as well as mitigations incorporated by the new European legislation are highlighted there. The thesis focuses on civilian acquisition, possession and carrying of firearms from the administrative law point of view. In the first chapter the basic definitions and concepts are defined. The second chapter is dedicated to the European legal regulation, its history and the legal basis on which it now stands. The third chapter deals with the current system of firearms in the Czech Republic. The fourth chapter deals with the effects of the European legal regulation on the legal framework in the Czech Republic and critically evaluates individual partial changes. The fifth chapter deals with the new legal draft. Although it preserves the key conceptual elements of the existing regulation, it can be characterized...
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Legal nature of technical regulations and technical standards
Korec, Jakub ; Staša, Josef (advisor) ; Sharp, Vladimír (referee)
1 Legal nature of technical regulations and technical standards Abstract This thesis deals with the question of the legal nature of technical regulations and technical standards. The position of both types of documents is quite different, because unlike technical standards, technical regulations are legal regulations. In particular, the legal nature of technical standards has changed over time. The aim of this thesis is to define both types of documents with regard to their nature in relation to law and the legal system, as well as to each other. The thesis is divided, if the introduction and conclusion are not counted, into seven chapters. The first chapter deals with the question of the development of legislation of technical regulations and technical standards. In both cases, past legislation was compared with current legislation. In the case of technical regulations, the issue of non-compliance of this definition with the definition of technical regulations in EU legislation and international treaties is addressed here, which resulted in the need to create a category of technical documents. This chapter also deals with the question of the classification of both types of documents within the legal system of the Czech Republic. The second chapter is devoted to the creation of technical regulations and...
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Administrative offenses in the field of expert activity
Špačková, Jitka ; Sharp, Vladimír (advisor) ; Staša, Josef (referee)
1 Administrative offenses in the field of expert activity Abstrakt v anglickém jazyce (summary) The subject of the diploma thesis is administrative offenses in the field of expert activity. Its main goal is to compare previous and subsequent legislation of expert activity and to define the issue of expert activity. In 2021, the new Act No. 254/2019 Coll., entered into force, which established new obligations for experts and increased sanctions for non-fulfillment. Administrative offenses in the field of expert activity are the result of a breach of duty by an expert, an expert office, or an expert institute. Therefore, this thesis first deals with the analysis of the basic concepts of expert activity and then analyzes the individual duties of an expert in the performance of expert activity. It also mentions the expert's responsibility for performing expert activity. The main output of expert activity is an expert opinion. Thesis describes the necessary requisites of an expert opinion and illustrates the procedure of the expert in processing. In the following part, the thesis deals with the definition of administrative offenses of experts. It describes the role of the Ministry of Justice in the supervision of expert activity and addresses the possibility for the public to participate in the control of expert...
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Legal regulation of matchfixing
Michňa, Ivan ; Rajchl, Jiří (advisor) ; Sharp, Vladimír (referee)
Legal regulation of matchfixing - abstract in English This master's thesis focuses on the legal regulation of the phenomenon known as match- fixing, which is the deliberate manipulation of the outcomes of sporting events for the purpose of financial gain or other advantages. The thesis analyses and evaluates the current legal framework in the areas of administrative law, criminal law, and, last but not least, the essentially parallel structure provided by internal regulations issued by sports associations. The work describes sports betting in a broader context and explores ways in which sporting events can be manipulated. It also discusses the possibilities and methods of investigating match-fixing, both conventional and unconventional, which are specific to match-fixing cases. Furthermore, the thesis analyses the legal regulations provided by the Czech legal system and compares them with regulations abroad, particularly in the Federal Republic of Germany. Within the analysis of the Czech legal framework, a comparison is made between the standards of criminal law and administrative law, addressing the extent to which they are interconnected and how this interconnection could be beneficial if rigorously applied. The problem is primarily seen in the underutilization of the legal framework provided by gambling...
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Judicial review of expropriation decisions
Málek, Jan ; Kotounová, Jana (advisor) ; Sharp, Vladimír (referee)
Judicial review of expropriation decisions The thesis looks into the issue of judicial review of decisions passed by administrative authorities, namely the expropriation decision. The judicial review process for these decisions shows a highly unusual set-up as it falls under the jurisdiction of both administrative and civil courts. The purpose of the thesis is to highlight both the shortcomings of this concept of judicial review and the specific issues related to it. The thesis also aims to propose such a set-up of the judicial review process for expropriation decisions that eliminates these shortcomings as much as possible and which will be coherent with the current concept of review of decisions of administrative authorities as such. In addition to the introduction and conclusion, the thesis consists of four parts. The first chapter deals with the very institute of expropriation decision as one of the decisions issued under expropriation proceedings. Attention is paid in particular to the form of the operative part of the decision. The decision contains two groups of operative parts, namely on expropriation and on compensation for expropriation. The decision coming under the first group can be challenged by filing an action against the decision of the administrative authority pursuant to Section...
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Taking of evidence in administrative proceedings
Holub, Štěpán ; Kopecký, Martin (advisor) ; Sharp, Vladimír (referee)
Taking of evidence in administrative proceedings Abstract The topic of this thesis is the taking evidence in administrative proceedings, which aims to present compendious knowledge concerning the administrative authority; to eliminate eventual contradictions in established facts; and to decide on the matter. Taking into account the diversity among administrative proceedings, it is essential to discuss the individual types of the incriminate proceedings, eventually their specific phases, and simultaneously to provide connections between individual evidence institutes. Also, possible discrepancies in evidence, or perhaps complete absence of evidence, should not be omitted since the legislator has not established exclusive obligation, even though the evidence poses significant part of the proceedings. The presented thesis is divided into five chapters. The first chapter thoroughly reviews the principles of administrative proceedings, which are tightly connected with the process of taking of evidence. The second chapter discusses the terms in the context of evidence, whereas such terms are not explicitly stated in the law. These terms are defined based on the jurisprudence and specialized literature. The third chapter covers process stamping of individual phases in taking of evidence, which extends to the field...
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Tailor-made laws in public law
Sharp, Vladimír ; Handrlica, Jakub (advisor) ; Pomahač, Richard (referee) ; Pouperová, Olga (referee)
Tailor-made laws in public law Resumé This thesis deals with the issue of so-called individualised legislation, i.e. laws with an individually determined addressee, a specific subject, or laws lacking any other element of generality or abstraction. Such legislative acts, collectively referred to as tailor-made laws, represent a hybrid between a law par excellence and an individual (administrative) act, thus creating a practical and doctrinal problem both in terms of the separation of powers, and in terms of interference with rights of individuals affected by such laws. When the form of a law is conferred on an individual act, the rights and obligations of explicitly named persons or a specific matter are decided outside the standard procedural regime, which means, among other things, that the persons in question may be deprived of procedural rights, including the right to due process and judicial protection, and such persons effectively find themselves at the mercy of the Constitutional court. Moreover, the vision of a shift to a purely formal conception of legislation raises the question of whether legislation is to be regarded as a universal instrument for the expression of political will, and thus whether the form of law can be freely used to achieve any ends. In this thesis, the author analyses the...
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