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Legal regulation of the environmental impact assessment
Pich, Jan ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
Environmental Impact Assessment is one of internationally recognised tools providing environmental protection. Purpose of the assessment is to identify and comprehensively evaluate environmental impact of a project with participation of the public, professionals and administrative bodies, prior to the realisation of the project. Information gained through this process is then used as a basis for decision making in procedures granting development or other consents. The thesis aims to analyse in particular the Czech environmental impact assessment law with emphasis on its recent amendment and reasons of its implementation.
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Legal regulation of air protection against pollution
Mrověc, Martin ; Sobotka, Michal (advisor) ; Damohorský, Milan (referee)
in english The aim of this thesis is to provide a systematic insight into the regulation of air protection from pollution produced by so called "enumerated stationary sources", which means from sources enumerated in annex no. 2 of Act no. 201/2012 Coll., focused on the on air protection. The work is divided into two sub-parts when the first part focuses on the proposed legislation in the field of air protection from pollution, its historical development, and legislation at all levels - expressly international law, law of European union and national legislation. Subsequently, the thesis describes the basic objectives of current legislation with regard to all sources of air pollution. The second part of the thesis concerns only on legislation that adjusts enumerated stationary sources and presents a list of various legal instruments of control in a systematic division of conceptual, administrative and economic tools, which is always given to the appropriate section. These particular tools are discussed with regard to the specifics applied to these enumerated stationary sources. The conclusion is a separate chapter devoted to liability for infringement of operators that run the enumerated stationary sources.
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Legal regime of water related land
Zemko, Peter ; Humlíčková, Petra (advisor) ; Sobotka, Michal (referee)
The introduced graduation theses deals with the issue of legal regime of land associated with water. In the four major fields, which are water courses, land relations in area protection of water, land relations in areas endangered with high flood and land relations connected to waterworks, the theses analyses legal regulations of land relations with the emphasis on limitations of ownership, which conclude from these relations. In the center of attention of the theses are the laws in the water act, laws which are inferior to the legal force of the water act and laws in the new civil code.
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Landfilling legislation
Černý, David ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
Abstract AJ The goal of this thesis is to thoroughly chart the problem of waste management in Czech Republic and the European Union and to outline legal and economic situation in waste treatment and in its alternatives. This thesis deals with different types of landfills, their technical aspects and methods of depositing waste. The thesis also tries to point out material and energetic use of waste before landfilling. Recycling is considered to be important because it decreases the amount of waste stored in landfills. Composting and anaerobic digestion are the other methods of disposal. The thesis also describes the possibilities of usage of the landfill gasses with the help of cogeneration units. The thesis refers to current level of waste landfilling in the Czech Republic and in other countries of the European Union. Key words: waste management, landfilling, landfills, waste sorting, material recovery from waste, recycling, composting, energy recovery from waste, incineration,
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Delictual liability of legal entities and individuals undertaking business within environmental protection
Timková, Lucia ; Damohorský, Milan (advisor) ; Sobotka, Michal (referee)
This rigorous thesis deals with delictual lialibility of individuals undertaking business and legal entities within environmental protection. Under delictual liability we mean certain secondary liability to suffer the consequences of one's actions which arises in case of a violation of certain primary liability, usually set by a legal norm. Within the protection of environment, we encounter the term ecological-legal liability. Delictual liability can be specified as liability within administrative and criminal law, accompanied by environmental liability. There is no unified amendment for the first one within environmental protection and particular actus reus of regulatory offence can be therefore found in particular component laws. Administrative delicts of legal entities and individuals undertaking business then form an independent part of law and they are punished more severly than deliquencies of individuals. As far as criminal liability is concerned, its amendement is incorporated into the criminal code. Also, the criminal liability law for legal entities came into effect in 2012. The thesis also comprises the comparison with the Slovak legislation.
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Groundwater protection legislation
Rybka, Jakub ; Sobotka, Michal (advisor) ; Franková, Martina (referee)
Groundwater Protection Legislation The theme of this thesis is the issue of legislation of protection of groundwater in the context of Czech and European legislation. At the outset, this work deals with the historical development of the legislation concerning the protection of waters in the Czech Republic and the legal nature of water to which they relate and adjustment of their property. The main emphasis of this work is put on administrative-legal, conceptual and economic tools for protecting groundwater and deals also with the Water Framework Directive, which is the main regulation of the European Union in this area. Also presented are the main changes proposed by the amendment to the Water Act. This study thus provides an overview of current legislation on protection of groundwater, its evaluation and is concluded with author's forecast for world development in this area in the 21st century.
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Environmental protection through integrated permitting
Chudoba, Petr ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
The introduction of an IPPC proceedings into Czech law has been executed through implementation of requirements of Directives enacted at the level of European Communities and subsequently at the level of European Union and Czech republic was obliged to implement the content of the Directives by being a member state of those international organizations. During the IPPC proceedings of application for an integrated permit the participants and other subjects who can express their statement on the application a chance to influence the final content of an integrated permit. This influence subsequently might change the conditions of operation of large industrial and agricultural compounds and the emission limits binding for the operator of such compounds. This thesis focuses on an evaluation of possibilities to protect the environment through IPPC during the proceedings of application for an integrated permit, through managing the way of establishing the emission limits within the obligatory conditions of operation and through an influence of preceding proceeding and subsequent proceedings, which are part of allowing the intended activity of the operator.
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Criminal liability in the area of environmental protection
Novotná, Barbora ; Sobotka, Michal (referee) ; Humlíčková, Petra (referee)
141 Abstract The topic of this thesis is criminal liability within the environmental protection. Introductory chapters are devoted to the definition of basic concepts of the whole matter (environment, environmental protection, criminal liability etc.) and kinds of legal liability in the field of environmental protection. Another chapter deals with international and EU aspects of matter aforesaid. Furthermore, this thesis analyzes the adjustment of criminal liability within the environmental protection in the Czech Republic, at first for natural and consequently for legal persons whose criminal liability has been introduced in the Czech Republic for relatively short period of time. The final chapter is focused on the comparison of Czech and French criminal liability legislation of legal persons in relation to the environment.
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The Czech Environmental Inspectorate
Příhodová, Romana ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
This thesis aims to introduce the Czech Environmental Inspectorate as a specialized body of the state administration with a state-wide authority which is subordinated to the Ministry of the Environment. The objective of the Inspectorate is particularly to exercise state supervision connected with enforcement of corrective actions and sanctions. The Czech Environmental Inspection was established in 1991 with its original competence in a field of forest protection, as of today it has competences with respect to all environmental components. The merit of this thesis is an analysis of statutory regulations regarding the protection of the environment according to which the Inspectorate exercises its competences and authority. The result of this analysis is definition of the competences of the Inspectorate in individual fields of environment protection. In the thesis I also focus on problematic provisions of particular legal regulations and in final chapter I address also a possibility of reorganisation of the Inspectorate in the future.
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Legal regime of protected areas and protective zones by the water protection
Zíbrt, Daniel ; Sobotka, Michal (advisor) ; Humlíčková, Petra (referee)
84 ABSTRACT This thesis is concerned on the topic "Legal regime of protected areas and protective zones by the water protection." Water like environmental compartment has a key role to the existence of life on Earth. That is the reason for its protection. For achieving this protection could not be protected only this environmental compartment, but it is necessary to focus on other ones, which are related to this protection. The main aim of this thesis is to analyse the situation and the ways of ensuring the territorial water protection, to point out the basic types of them and their similar and different characteristics and provide a comprehensive explication of territorial water protection. For these reasons, the thesis is divided into two parts. The first is dealing with systematization of water protection and water protection relationship as a whole and territorial water protection as one of its important elements. This part is necessary for the orientation and the issue of inclusion territorial water protection to the entire system of water protection. The second part of this thesis at first reflects on the ways of promulgation of types of the territorial water protection and then is directly focused on them. The first type of territorial water protection represents the protected area of natural water...
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