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Criminal liability of legal persons in the environmental protection
Süssmilchová, Nela ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
This thesis is concerned with the topic of corporate criminal liability in the environmental contexts. The main purpose of the text is to describe possible ways for application of this phenomenon for the purposes of the environmental protection in practice and to evaluate its functioning so far. The first two chapters of the thesis focus on a general introduction to the topic of liability for environmental offences, and the background process for introducing corporate criminal liability into the Czech legal system, including the international incentives. The third chapter of the work aims to analyze some of the relevant sections of Act. No. 418/2011 Coll. and their capability to contribute to effective environmental protection. The importance of the fourth chapter lies in comparison of the advantages and drawbacks for using administrative or criminal liability for the purposes of sanctioning environmental offences. The analysis carried out in the first part of the thesis, leads to conclusions on the employment of corporate criminal liability in environmental law, and some of the possible recommendations for the enforcement authorities. Finally, there is a comparative chapter about the corporate criminal liability in England and Wales.
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Large-scale Nature Conservation Areas in the Czech Republic and Selected European Countries in the Legal Context
Mazancová, Eva ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
The main goal of the thesis is to analyze and compare the degree of protection of the large-scale nature conservation areas in the legal orders of the Czech Republic, the Russian Federation and the United Kingdom of Great Britain and Northern Ireland, and, in the conclusion of the thesis, to answer the question of whether these countries' regulation provides a sufficiently effective protection to these areas. Legal orders of the examined countries are analyzed with regard to the scope and effectiveness of the large-scale nature conservation legal instruments. Administrative instruments are examined and compared, including the degree of proprietary rights restrictions and related compensations of property loss. Furthermore, the conceptual and economic instruments (both positive and negative stimulation) are also examined. The analysis also focuses on the regulation of legal liability in regard to the large-scale nature conservation. Next, the thesis focuses on the institutional framework of the large-scale nature conservation in the examined countries and on the evaluation of the scope of the nature protection authorities' competence. Another point of interest is the degree to which the rights of the relevant subjects (owners, municipalities, environmental NGOs) are affected by the designation of a...
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Czech Energy Law in the Context of Environmental Protection
Příborský, Jan ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
The dissertation work analyzes the Czech energy law in the context of environmental protection. The thesis seeks out the contexts of principles and instruments of environmental protection in the legal regulation of energy. Emphasis is placed on the analysis of conceptual, administrative, and economic tools and their application at different stages of the energy chain. Attention is paid to the issue of energy terminology in the Civil Code and its importance in the construction phase of the energy infrastructure. The work analyzes the contexts of principles and instruments of environmental protection in thematic areas focused on business regulation in energy, supported energy production, nuclear energy and energy conservation, i.e. according to the areas regulated by the four basic pieces of energy legislation in the Czech Republic. Furthermore, activities in the energy sectors are described in terms of threats and damage of the individual components of the environment. The conclusion of the work points to the main problematic areas of the Czech energy law, including recommendations for their solution. Key words Czech Energy Law, Environmental Protection, Principles and Instruments of Environmental Protection
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Energy and Environment in the View of Law
Pokorný, Jiří ; Damohorský, Milan (advisor) ; Smolek, Martin (referee) ; Stejskal, Vojtěch (referee)
The relationships among energetics, environment and associated climatic changes is beginning to be a subject of a complex interest of not just science but also politics and law. The reason for this is the fact that we are now at a breaking point of the development of mankind and our future steps will significantly influence its path. To obtain the energy man cannot live without, we frequently use fossil fuels, producing greenhouse gases that are warming our planet. This situation needs to change. We either find a sustainable solution or we will cause a catastrophe. The energetics must not be the cause, it has to be the solution as well. One of possible solutions for this problem is the law. It is not a stand-alone solution but it is a fundamental one nonetheless. To come up with an effective solution, a large-scale cooperation is necessary in politics, science, economics and in society as well - and there is not much time to come up with it. Keywords: energetics, environment, climate change
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Right to a favourable environment within the regional human rights systems
Lipowský, Petr ; Stejskal, Vojtěch (referee) ; Sobotka, Michal (referee)
The aim of the diploma thesis is the analysis of the right to a favourable environment, or to the protection of the certain quality of the environment with a focus on the regional human rights systems. This diploma thesis is divided into three chapters. The first chapter outlines the evolution of human rights at the universal level and certain related problems that accompany this evolution. The second chapter is concerned with the overview of the human-rights based approaches to the protection of the envrionment which include inter alia the effort for the recognition of the separate right to a favourable environment. The third chapter examines the evolution of the right to a favourable environment, or to the protection of the certain quality of the environment within the regional human rights systems so it concentrates on the control mechanisms of the relevant regional systems and their activity in the area of the protection of the environment. The conclusion deals with the evaluation of the evolution of the right to a favourable environment within the international law, focuses on the comparison and assessment of the common and different features of the regional human rights systems and indicates the future trend.
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The common policy for the protection of the environment in the light of the internal market of the European Union
Scheu, Lenka ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Smolek, Martin (referee)
English abstract Protecting the environment is currently one of the complex issues of law and policy. Necessary response to adverse changes in the environment lays down binding rules on environmental protection in international law, EU law and national law. The EU internal market is secured by four fundamental market freedoms - the free movement of goods, persons, services and capital. The relationship with the environment is reflected in the quality and characteristics of the products, and the conditions under which these products are marketed in different Member States. Environmental protection is strongly linked with service area, which concerns matters such as the operation of landfills. The EU's objectives in the areas of internal market and environmental protection very often collide. Then it is necessary to find a balanced approach between the protection of environmental objectives and ensuring the economic principles of the European Union.
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The liability in the area of animal protection
Křížová, Barbora ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
English abstract This diploma thesis deals with tort liability in the area of animal protection. It summarises international legislation, EU legislation and also the Czech one. At the beginning, it deals with the definition of essential terms such as definition of an animal and its categorisation and introduction into the issue. It provides insight not only into the status of animal in public law but also into its status in private law. Subsequently, it analyses liability, its elemental features and classification. Afterwards, is describes important international treaties, including the conventions of the Council of Europe. At the EU level, discusses primary legislation, secondary legislation and conceptual tools. The part of the thesis which concerns Czech law focuses on the Act no. 246/1992 Coll., on protection of animals against cruelty, where it emphasises on administrative offences concerning this area. Also mentioned are some other acts regarding the animal protection. In conclusion, it does not forget to define crimes in the area of animal protection and against animals and subsequent sanctions.
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Legal regulation of specially protected areas in Czech Republic and in the Russian Federation
Borovskaya, Elena ; Stejskal, Vojtěch (advisor) ; Hošek, Michael (referee)
The offered thesis focuses on the legal regulation of specially protected areas in the Czech Republic and the Russian Federation. The thesis' objective is to present an explicit overview of the two countries' national systems comprising protected areas from the legal point of view. The thesis includes an explanation of the basic concepts related to specially protected areas in terms of nature and landscape preservation. The author starts with a concise introduction to the issue's background, and then dwells upon constitutional principles for nature conservation, related legislation and a range of categories of specially protected areas in the two countries. The basic legislation concerning specially protected areas in the Czech Republic is the Nature and Landscape Protection Act, while in the Russian Federation that function is played by Specially Protected Natural Areas Act. The thesis includes an analysis of selected legal issues, namely issues related to legal proclamation and cancellation of the status of specially protected areas, special protection regime, state administration functions, implementation of ownership and other rights. The analysis is followed by a comparison of legal regulations concerning specially protected areas and the conclusion where the author summarizes the most...
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Environmental Rights of Indigenous Peoples
Vančurová, Marta ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
This thesis deals with the analysis of the specific instruments of international law applicable to the protection of the environment of indigenous peoples. The thesis consists of four chapters. The first chapter describes the specific relationship which binds indigenous people to their traditional territories and natural resources and the most important threats to these territories and resources. The second chapter focuses on the development of the relationship between the international community and indigenous peoples and analyses the term indigenous peoples. Furthermore, this chapter contains an overview of the international and regional sources of law relevant to the protection of the environment of indigenous peoples. The third chapter draws attention to the international and regional mechanisms of protection of indigenous rights. The fourth chapter contains an analysis of particular environmental rights and systemizes them into collective, minority, individual and procedural rights.
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The protection of landscape in the law
Matyáš, Jiří ; Stejskal, Vojtěch (referee) ; Humlíčková, Petra (referee)
The protection of landscape in the law The thesis analyzes the legal protection of landscape and describes basic legal institutes of the international, European and Czech law which protect landscape. The thesis is divided into four chapters. The introductory chapter defines the term landscape and its scientific and legal meaning and presents the most serious problems of landscape in the present. Chapter Two characterizes the substantive law on the international level and is concerned with an analysis of international treaties. Chapter Three investigates the legal regulation of the protection of landscape in the European Union. Chapter Four provides an outline of the relevant Czech legislation, especially The Act No 183/2006 Coll. Building Act and The Act No. 114/1992 Coll. on Protection of Nature and the Landscape.
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