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Proceedings for administrative infractions in the first instance
Lokvenc, Jan ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
Title of this thesis: Proceedings for administrative infractions in the first instance The thesis deals with administrative infraction proceedings in the first instance, specifically about the steps of administrative office before instituting the administrative proceedings. It is based on the new scholarly literature, incorporates new judicature and takes account of methodologies of Ministry of the Interior and practical problems. In the chapter I there are defined administrative infraction proceedings, its relation to Administrative proceedings Act and the infraction and there is also described the possibility of using analogy. In the chapter II there is description of the main procedural principles of administrative infraction proceedings and their importance to proceedings. In addition to the principles resulted directly from Misdemeanours Act there are also described the constitutional and administrative principles. In the chapter III there is described competence of administrative office in administrative infraction proceedings, namely subject-matter jurisdiction, local jurisdiction and function competence. It deals with the changes of these competences too. Furthermore, in this context the thesis deals with professional competence of persons in authority and with contracts under public law....
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First instance hearing of administrative delicts
Nováková, Hana ; Prášková, Helena (advisor) ; Kryska, David (referee)
The subject matter of this thesis is the first instance hearing of administrative delicts, where the main focus is on the legal status of the accused. Since the adjudgement on guilt of the accused is the fundamental objective of the administrative infraction proceedings, it is not conceivable that such proceedings would be conducted in his/her absence. The accused is the essential subject whose rights and obligations are mandatorily adjudicated. Part 3 of the Act No. 200/1990 Coll., on Transgressions, is the main source of legal regulation of administrative infraction proceedings, while the Act No. 500/2004 Coll., Administrative Procedure Code, shall be used subsidiarily. These laws represent the basic legal framework for a proper conduction of administrative infraction proceedings. However it is also necessary to apply a wide range of legal principles arising out of the constitutional law and the international law. The European Convention on Human Rights plays a pivotal role since it guarantees the right to a fair trial, together with the presumption of innocence and the right of self-defense, as two integral parts of the right to a fair trial. This thesis analyses the individual procedural rights of the accused in detail, along with their classification into appropriate stages of the...
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Proceedings for administrative infractions in the first instance
Lokvenc, Jan ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Resume Title of this thesis: Proceedings for administrative infractions in the first instance. The thesis deals with administrative infraction proceedings in the first instance, mainly about the steps of administrative office before instituting the administrative proceedings. It is based on the new scholarly literature, incorporates new judicature and takes account of methodologies of Ministry of the Interior and practical problems. In the chapter I there are defined administrative infraction proceedings, its relation to Administrative proceedings Act and the infraction and there is also described the basic character of the proceedings for administrative infractions in the first instance. In the chapter II there is described competence of administrative office in administrative infraction proceedings, namely subject-matter jurisdiction, local jurisdiction and function competence. It deals with the changes of these competences too. Furthermore, in this context the thesis deals with professional competence of persons in authority and with contracts under public law. In the last part there are mentioned the reasons for exclusion of administrative persons, above all from bias. In the chapter III there is explained the purpose of steps before instituting the administrative proceedings. First, it describes the...
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Proceedings for administrative infractions in the first instance
Lokvenc, Jan ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
Title of this thesis: Proceedings for administrative infractions in the first instance The thesis deals with administrative infraction proceedings in the first instance, specifically about the steps of administrative office before instituting the administrative proceedings. It is based on the new scholarly literature, incorporates new judicature and takes account of methodologies of Ministry of the Interior and practical problems. In the chapter I there are defined administrative infraction proceedings, its relation to Administrative proceedings Act and the infraction and there is also described the possibility of using analogy. In the chapter II there is description of the main procedural principles of administrative infraction proceedings and their importance to proceedings. In addition to the principles resulted directly from Misdemeanours Act there are also described the constitutional and administrative principles. In the chapter III there is described competence of administrative office in administrative infraction proceedings, namely subject-matter jurisdiction, local jurisdiction and function competence. It deals with the changes of these competences too. Furthermore, in this context the thesis deals with professional competence of persons in authority and with contracts under public law....
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