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Restrictions of exercise of proprietary rights in protective zone
Bayerová, Michala ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
Restriction of the exercise of the property rights in the protective zones The topic of the Master's degree thesis is focused on the issue of the protective zones especially in terms of restrictions of the exercise of the property rights. The work is primary based on the somewhat disparate legal regulation contained in a number of specific regulations. Besides the applicable law, the work examines the legal literature, periodicals, as well as the case law of the Czech courts. The main contribution of this work is to provide a comprehensive comparison of the two constitutionally guaranteed rights: property right and the right to a favourable environment, and the provision of a list of specific prohibitions and commands arising from the existence of protective zones. The work is divided into three chapters, while the topic of the work proceeds from general to particular and from the regulation of protective zones contained in the legislation of the highest legal force, followed by specific regulation and implementing regulation. Chapter one focuses on constitutional, private law and theoretical background of protection of property rights and the right to a favourable environment. Conclusion of the chapter deals with the solutions of the collision of these constitutionally guaranteed rights. This...
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Role of Courts in Environmental Protection
Šnejdrlová, Zuzana ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Müllerová, Hana (referee)
TITLE: Role of Courts in Environmental Protection AUTHOR: Zuzana Šnejdrlová SUPERVISOR: Prof. JUDr. Milan Damohorský, DrSc. ABSTRACT: This thesis deals with the role of courts in protection of the environment on the international, European and national level, when on the national level it deals with the areas of constitutional and criminal law. Based mainly on the analysis of activity and the case law of the courts, the aim of the thesis is mainly to determine the development of the role of courts in protection of the environment, which means whether the number of cases brought before court increases and whether court decisions affect protection of environment positively or not. To achieve this objective, methods as abstraction, analysis, synthesis, deduction, comparison and statistics are used. Using these methods it was found out that although case law in certain areas of protection of environment is fragmented and not much rich, which is mainly due to the fact that this area of law is young and dynamic and the substantive law is fragmented and unclear, the role and importance of the courts in protection of environment grows with the increasing number of cases handled. The issue and the problem to face in the future will be enforcement of judicial decisions. KEYWORDS: Environmental Protection, Role of...
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Legal regulation of hunting management
Písková, Ivana ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
The legal regulation of hunting Thesis on hunting legislation is aimed at showing the current legislation, hunting in the Czech Republic, in particular the analysis of the Hunting Act No. 449/2001 Coll., Other laws relating to the protection of nature and animals and ultimately implementing regulations of these laws. The work also focuses on the forthcoming amendment to the Hunting Act. The thesis contains rules in force on 1 March 2013.
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Legal regulation of veterinary care
Schönfeldová, Tereza ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
This diploma thesis discusses a legal regulation of veterinary care. The field is discussed in four main chapters which fully describe the sphere. The thesis gives an account of international, European, and Czech legal norms, with a notable accent of current issues of the sphere. The thesis further discusses the development of veterinary medicine in both the World and the Czech Republic and also the requirements and conditions of this service.
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Economic Instruments of Environmental Protection
Štěpánová, Alice ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
Economic Instruments of Environmental Protection represent an important category of environmental policy tools that influence regulated entities indirectly and which are supposed to have a great potential for solving environmental problems. The thesis deals with regulation of these instruments not only in general, but mainly in the current Czech law and in relation to the protection of soil and pieces of land. The thesis consists of four parts which are subdivided into chapters. In Part 1 there is a short description of the evolution of environmental policy and its tools. Part 2 describes economic instruments in general, their functions and types (fees, taxes, tradable permits, instruments to ensure duties and responsibility, deposit-refund systems, customs duties, public (state) aid instruments). Part 3 deals with economic instruments in current Czech law and Part 4 contains a more detailed analysis of these instruments relating to the protection of soil and pieces of land. Economic instruments are analyzed and evaluated according to the application of the economic stimulation principle. The aim of the thesis is to highlight positive and negative aspects of the current legislation.
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Legal regulation of compensation for damage caused by protected species of animals
Dvořáková, Kateřina ; Stejskal, Vojtěch (referee) ; Žákovská, Karolina (referee)
The thesis deals with the issue of legal regulation of compensation for damage caused by protected species of animals. It analyzes the most important legal sources relating to the protection of biodiversity and focuses on legal theory and practice of a highly interesting issue of legal status of animals. The thesis also clarifies alternative solutions for compensation for damages, including possible future legislation on this issue, and a brief comparison of the Czech legislation with the legislation of the Federal Republic of Germany.
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Legal regulation of hunting management
Kolmanová, Lenka ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
The purpose of my diploma thesis is to analyze the hunting legislation in the Czech Republic. The legislation regulates the hunt and game keeping as one part of the environmental law. It is also closely connected to administrative law. This thesis consists of eight chapters. First two chapters provide an introduction to historical traditions, principles and development of Czech hunting legislation. The Czech Republic is a member of the European Union, so the third chapter deals with the hunting legislation in the international and European context and describes the international cooperation between states. The most important international organizations protecting wildlife are also mentioned. The fourth chapter contains the analysis of the effective Hunting Law. This chapter provides legal definitions connected to game management and the division of the wild game. Divided into eight parts it describes the main areas of the hunting legislation. It focuses on the use of the hunting plots, rights of landowners, protection of game management and wild game. It also regulates liability of the owners of hunting plots to damages, criminal liability and liability according to the administrative law. Liability of the state for damages caused by especially protected animals is also regulated. This chapter...
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Municipality and protection of the environment from the legal point of view
Brožová, Miroslava ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
The thesis titled "The Municipality and Protection of the Environment from the Viewpoint of Law" is divided into six chapters. The first chapter is the introduction, which is devoted to the constitutional foundations of protection of the environment. The second chapter deals with various kinds of instruments in environmental protection. The third chapter deals with the position of a municipality in the public administration system. The fourth chapter forms the core of the work. This chapter assesses the role of municipalities in the protection of individual components of the environment and focuses on the analysing of individual component laws. The fifth and sixth chapters are devoted to the relationship of the municipalities to the territorial planning institute and an examination of the regulations issued in a municipality that functions on its own. The conclusion focuses on the summary of the relevant issues in individual areas. In terms of environmental protection, the municipality plays an essential role, particularly thanks to its position and powers that are entrusted to the municipal authorities.
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Liability for ecological harm
Nováková, Alexandra ; Stejskal, Vojtěch (advisor) ; Humlíčková, Petra (referee)
! This thesis discusses the issue of liability for environmental damages, which includes (i) public-law liability (in Czech legal framework described as "environmental injury") and (ii) private-law liability. The Act on Environmental Damage transposed the Directive on Environmental Liability (the "Directive"), the aim of which is prevention and remedy of environmental damage. The Act on Environmental Damage is legally binding from August 17, 2008, as lex specialis to the Act on Environment and other Acts on respective environmental components. Although the Act on Environmental Damage is based on the public-law approach, the private-law liability remains unaffected. According to the Act on Environmental Damage, the strict liability is imposed on operators of certain high-risk occupational activities and these operators are obliged to implement preventive and remedial measures and bear associated costs. Furthermore, the operators must provide relevant information on the request of competent public authorities.
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Legal regulation of the international trade in endangered species
Kottová, Denisa ; Stejskal, Vojtěch (advisor) ; Žákovská, Karolina (referee)
Legal regulation of the international trade in endangered species Abstract The topic of my thesis is legal regulation of the international trade in endangered species of wild fauna and flora. The conservation of biodiversity - the diversity of the life on the earth - is one of the most important goals within the protection of the environment. The international trade in endangered species of wild fauna and flora is definitely one of the most serious problems that threaten the biodiversity. I have chosen this topic because it is constantly up to date and due to the interest in this issue. The aim of this thesis is to describe the general overview of the present legislation of this issue. The thesis is composed of an introduction, three chapters and a conclusion. The purpose of an introduction is to inform about the international trade in endangered species and explain what is its position within the protection of the environment. Chapter One deals with the international legislation of the trade in endangered species, which means the regime of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This chapter is subdivided into seven subchapters which are focused on general characteristic of the international legislation, then explain the necessary conditions of the trade...
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