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Czech and European legislation concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures
Volková, Jana ; Boháč, Radim (advisor) ; Kohajda, Michael (referee)
Mutual assistance for the recovery of claims relating to taxes, duties and other measures is a continuous process that has been developing over the long run. Mutual assistance for the recovery of some financial claims is another tool of the state to recover its financial claims or the claims of its regional self-government units, outside its territorially restricted jurisdiction. Cross-border recovery protects the state's fiscal policy and safeguards the supply of assets for the treasury. Assistance is provided not only under the national and the European laws governing disputes among EU member states but also outside the EU thanks to international treaties that have been ratified by the Parliament of the Czech Republic and that are now binding for the country, and thanks to the OECD Convention on Mutual Administrative Assistance in Tax Matters that provides for assistance across the continents.
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Issues in organized crime
Fiala, Adam ; Fiala, Miloš (advisor) ; Vilášek, Josef (referee)
Name: Issues in organized crime Aims of the thesis: 1. To define and classify organized crime 2. To describe historical development of organized crime 3. To analyze organized crime in the states where its presence has become evident i.e. Italy, USA, Russia and Japan 4. To characterize the main activities of organized crime 5. To define the means of fighting organized crime Methods: When analyzing organized crime, it is impossible to use research methods that would comprise direct contact with a criminal environment. Indirect evidence was used to compile the thesis. Methods of research: 1. The use of information from publications 2. Analysis of documents 3. Research into selected legal means of fighting organized crime 4. Content analysis of the press 5. Statistics Results: Various views on organized crime, its features and its typology have been defined. Its causes and the conditions under which organized crime arises, as well as its beginnings, were described. Findings about organized crime in selected countries were analyzed; attention was drawn to history, the present day and occurrences and activities of the main organized groups. The main activities of organized crime were described in four groups, focusing on their description, organization and the legal issues. Eventually, possible means of...
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New Regulation of Private Law Enforcement of Compensation for Damage Caused by Anti-competitive Behaviour
Petráková, Lenka ; Patěk, Daniel (advisor) ; Černá, Stanislava (referee)
This paper deals with the problematics of private enforcement with main focus on the legislation comprised in the act no. 262/2017 col. on Compensation of Damages in the Area of Competition Law in the context of the evolution of the approach of the European Union and the Czech Republic towards private enforcement. The aim of this paper is to evaluate the impact of the new law on legal status of persons, who have suffered harm caused by competition law infringement, when claiming for compensation for his or hers loss. The author of the paper critically evaluates the way the European law was transposed into the Czech legal environment and its real impact on the legal relationships in the area of private enforcement of competition law. The author examines in detail the newly established framework of limitation periods which differs significantly from those of the general civil law both before and after its recodification. The Act on Compensation of Damages in the Area of Competition Law does not comprise transitional provisions concerning limitation periods. Therefore the intertemporal conflicts of the new act with other civil law acts are dealt with in depth. Consequently the area of compensation for loss is discussed. Within this area the author analyses the problematics of presumption of existence...
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New Regulation of Private Law Enforcement of Compensation for Damage Caused by Anti-competitive Behaviour
Petráková, Lenka ; Patěk, Daniel (advisor) ; Černá, Stanislava (referee)
This paper deals with the problematics of private enforcement with main focus on the legislation comprised in the act no. 262/2017 col. on Compensation of Damages in the Area of Competition Law in the context of the evolution of the approach of the European Union and the Czech Republic towards private enforcement. The aim of this paper is to evaluate the impact of the new law on legal status of persons, who have suffered harm caused by competition law infringement, when claiming for compensation for his or hers loss. The author of the paper critically evaluates the way the European law was transposed into the Czech legal environment and its real impact on the legal relationships in the area of private enforcement of competition law. The author examines in detail the newly established framework of limitation periods which differs significantly from those of the general civil law both before and after its recodification. The Act on Compensation of Damages in the Area of Competition Law does not comprise transitional provisions concerning limitation periods. Therefore the intertemporal conflicts of the new act with other civil law acts are dealt with in depth. Consequently the area of compensation for loss is discussed. Within this area the author analyses the problematics of presumption of existence...
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Enforcement of rights in industrial property
Krušina, Pavel ; Horáček, Vít (advisor) ; Patěk, Daniel (referee)
Thesis title: Enforcement of rights in industrial property This thesis deals with issues of enforcement of rights in industrial property and its aim is, first, to provide a full picture of means to enforce intellectual property rights (with particular emphasis on current legislation) and, second, to analyze the Law No. 221/2006 Coll., on the enforcement of industrial property rights in more detail with jurisprudence and scientific literature. The first method of this thesis, which was chosen, is a scientific description which allows mapping single areas of enforcement of rights in industrial property. The second method, which was chosen, is an analytical method which allows examining the Law on the enforcement of industrial property rights. This thesis is structured into five single chapters, which are themselves broken down into subchapters, sections and subsections. First chapter examines issues of intellectual property rights in general terms and interprets the principal definitions regarding these rights. Second chapter is dedicated to a full picture of legislation at the international and national level and at the level of the EU. Third chapter deals with the different areas of public enforcement of industrial property rights. Fourth chapter deals with the different areas of private...
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The concept of bailiff services in the Czech Republic and their comparison with selected EU countries
Hadravová, Andrea ; Lechner, Tomáš (advisor) ; Mikulová, Magdalena (referee)
Since 2001, the legislation on enforcement has been fundamentally changed, on 1st 2001, Act No. 120/2001 Coll., Executors and Enforcement Activities (Enforcement Code) entered into force. The creditor has thus been given the opportunity to decide how recover his claim. Until then, his only possibility for recovering claims was through the court, but since this date he could acquire his rights through the services of a distrainer. In 2012, this duality was abolished and is executed in most cases by private distrainer. He carries out his activity for reward, which results in his status as an entrepreneur. And his reward has been a thorny issue since 2001, when the profession came into our systhem. The issue of this topic is also evidenced by the parliamentary bill, which tries to regulate to reduce the distrainer`s tariff. The thesis compares the current situation in the Czech Republic with selected states. For purposes of this thesis, I chose Germany, because there is recovery of debts through a state employee, France because this system is one of the oldest and served as a model for many states and Slovakia, for reasons of common history and amendment that came into force in April this year. The aim of the thesis is to map the situation in selected states, to find possible deviations and sources of inspiration for the system of executive services in the territory of the Czech Republic.
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Receivables, their reinsurance and ways of recovery
Pekarčíková, Simona ; Hejda, Jan (advisor) ; Vlnková, Lenka (referee)
The aim of the bachelor's thesis is to provide creditors, whether legal or natural persons, with a brief overview of ways of recovering and securing receivables. The thesis consists of finding out the advantages and disadvantages of individual ways of recovering of receivables in the Czech Republic, through a concrete practical problem, which is in the thesis applied to every way of recovery. At the same time, the thesis contains a comparison of the recovery of receivables in the Slovak Republic. The summary of the thesis is through a chart, which presents the advantages and disadvantages of individual ways. The content of the conclusion is the author's recommendation and a transparent chart, which compares all ways of recovery with respect to the problem solved.
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Regulation od damages in the field of competition law in Czech and French law with regard to European regulation
Štancl, Michal ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
(English) Regulation of damages in the field of competition law in Czech and French law with regard to European regulation The purpose of this thesis is to analyze particular elements of actions for damages for infringements of the competition law, mainly those, which are contained in the Proposal for a directive of the European Parliament and of the Council on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. Given that a directive is source of law sui generis that needs to be transposed into national legislations, it seems convenient to attempt to illustrate its effects on particular national legislations. The paper deals with actual states of legislation in the Czech republic and in France and attempts firstly to discover existing elements of the legislation and secondly on the other hand to indicate some missing or problematic parts. The thesis is, besides introduction and conclusion, composed of five main chapters. Chapter two observes the conception and evolution of the competition law in the European Union and particularly the origin of thoughts about private enforcement of the competition law. Chapter three focuses on the case law of Court of justice of the European Union that is...
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Czech and European legislation concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures
Volková, Jana ; Boháč, Radim (advisor) ; Kohajda, Michael (referee)
Mutual assistance for the recovery of claims relating to taxes, duties and other measures is a continuous process that has been developing over the long run. Mutual assistance for the recovery of some financial claims is another tool of the state to recover its financial claims or the claims of its regional self-government units, outside its territorially restricted jurisdiction. Cross-border recovery protects the state's fiscal policy and safeguards the supply of assets for the treasury. Assistance is provided not only under the national and the European laws governing disputes among EU member states but also outside the EU thanks to international treaties that have been ratified by the Parliament of the Czech Republic and that are now binding for the country, and thanks to the OECD Convention on Mutual Administrative Assistance in Tax Matters that provides for assistance across the continents.
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Issues in organized crime
Fiala, Adam ; Fiala, Miloš (advisor) ; Vilášek, Josef (referee)
Name: Issues in organized crime Aims of the thesis: 1. To define and classify organized crime 2. To describe historical development of organized crime 3. To analyze organized crime in the states where its presence has become evident i.e. Italy, USA, Russia and Japan 4. To characterize the main activities of organized crime 5. To define the means of fighting organized crime Methods: When analyzing organized crime, it is impossible to use research methods that would comprise direct contact with a criminal environment. Indirect evidence was used to compile the thesis. Methods of research: 1. The use of information from publications 2. Analysis of documents 3. Research into selected legal means of fighting organized crime 4. Content analysis of the press 5. Statistics Results: Various views on organized crime, its features and its typology have been defined. Its causes and the conditions under which organized crime arises, as well as its beginnings, were described. Findings about organized crime in selected countries were analyzed; attention was drawn to history, the present day and occurrences and activities of the main organized groups. The main activities of organized crime were described in four groups, focusing on their description, organization and the legal issues. Eventually, possible means of...
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