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Delictual Liability of Legal Persons within Environmental Protection
Pavelka, Ivan ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Smolek, Martin (referee)
Disertační práce Právnická fakulta, Univerzita Karlova v Praze 1 SUMMARY The purpose of my dissertation Delictual Liability of Legal Persons within Environmental Protection is to obtain a correct idea of how the legislation on the corresponding materia de lege ferenda should be examined. This requires to summarize, analyse and evaluate national regulations in force of delictual liability of legal persons within environmental protection as well as to compare some aspects of national regulations in force of delictual liability of legal persons with corresponding foreign regulation. A significant part of threats and damage to the environment comes from the activities of legal persons. A percentage of legal persons responsible for unlawful impairment and endangering of the environment increases significantly. Establishing legal persons is often associated with the effort of individuals to avoid liability for criminal activity by committing illegal activities through a legal person. Crime in the area of environmental protection is often perpetrated by criminal organizations with a strong financial background. For these organizations particularly the illegal trade in waste is very attractive because it is less risky than, for example drug or arms trafficking. Activities that prevent environmental pollution or...
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Protection of the Environment through Criminal Law
Bejčková, Pavla
The main goal of the thesis is to answer the question, whether the current Czech criminal legislation enables effective punishment of serious environmental offences and ensures the enforcement of rules on environmental protection in a more efficient way than administrative sanctions. Protection of the environment through the criminal law can be traced in the Czech Republic back to 1980s. However, criminal law has until now played only marginal role in the sanctioning of offences against the environment. Majority of environmental offences are prosecuted in administrative procedures. Since 1990s the international community and later also the EU have discussed the need to pursue a harmonised criminal policy aimed at the protection of the environment. In case of serious environmental violations criminal law penalties are perceived as a more effective and appropriate measure than administrative penalties. Despite the fact that most of the potentially harmful activities are strictly regulated by both EU and national environmental law, environment continues to be threatened by pollution and excessive exploitation and environmental rules are being breached. The most serious environmental crimes are related to waste management, trade in endangered fauna and flora species and discharge or emission of...
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Criminal Law Protection of the Environment
Kříž, Jan ; Sobotka, Michal (advisor) ; Stejskal, Vojtěch (referee)
Criminal Law Protection of the Environment The subject matter of this diploma thesis is the topic of criminal law protection of the environment in the Czech Republic. The main attention is paid to the current legal regulation of criminal offenses against the environment in the Criminal Code. In addition to a more detailed analysis of the individual criminal environmental offenses, the thesis deals with the basic theoretical background of the criminal law protection of the environment, with the issues of legal liability in the field of environmental law and with the comparison of criminal liability with administrative liability. Further is discussed the question of criminal liability of legal entities in connection with environmental protection and at last but not least is also described the historical development and current forms of individual international, European and national legal sources of criminal protection of the environment. Keywords: Environmental Protection, Criminal Liability, Environmental Crime
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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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Law Dealing with Environmental Crime in the Area of Illegal Trading of Fauna and Flora
Bareš, David ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
This thesis deals with legislation with the task of dealing with environmental crime in the area of illegal trading of flora and fauna in the Czech Republic. Of key importance for this thesis is the examination of domestic criminal legislation, it is supplemented by an excursion into related regulations of international law and European Union law. Introduce also the actual phenomenon of illegal trading of fauna and flora, its characteristic features, historical development, the articles most frequently traded, and other specific features that are typical of this type of illegal human activity. The theoretical bases of the thesis are enhanced by an examination of related practice in the form of practical examples, court rulings, and statistical data. Finally, this thesis also contains a few proposals for improving the existing legislation and raises some objections to practical application.
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Protection of the Environment through Criminal Law
Bejčková, Pavla ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Pekárek, Milan (referee)
The main goal of the thesis is to answer the question, whether the current Czech criminal legislation enables effective punishment of serious environmental offences and ensures the enforcement of rules on environmental protection in a more efficient way than administrative sanctions. Protection of the environment through the criminal law can be traced in the Czech Republic back to 1980s. However, criminal law has until now played only marginal role in the sanctioning of offences against the environment. Majority of environmental offences are prosecuted in administrative procedures. Since 1990s the international community and later also the EU have discussed the need to pursue a harmonised criminal policy aimed at the protection of the environment. In case of serious environmental violations criminal law penalties are perceived as a more effective and appropriate measure than administrative penalties. Despite the fact that most of the potentially harmful activities are strictly regulated by both EU and national environmental law, environment continues to be threatened by pollution and excessive exploitation and environmental rules are being breached. The most serious environmental crimes are related to waste management, trade in endangered fauna and flora species and discharge or emission of...
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Delictual Liability of Legal Persons within Environmental Protection
Pavelka, Ivan ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Smolek, Martin (referee)
Disertační práce Právnická fakulta, Univerzita Karlova v Praze 1 SUMMARY The purpose of my dissertation Delictual Liability of Legal Persons within Environmental Protection is to obtain a correct idea of how the legislation on the corresponding materia de lege ferenda should be examined. This requires to summarize, analyse and evaluate national regulations in force of delictual liability of legal persons within environmental protection as well as to compare some aspects of national regulations in force of delictual liability of legal persons with corresponding foreign regulation. A significant part of threats and damage to the environment comes from the activities of legal persons. A percentage of legal persons responsible for unlawful impairment and endangering of the environment increases significantly. Establishing legal persons is often associated with the effort of individuals to avoid liability for criminal activity by committing illegal activities through a legal person. Crime in the area of environmental protection is often perpetrated by criminal organizations with a strong financial background. For these organizations particularly the illegal trade in waste is very attractive because it is less risky than, for example drug or arms trafficking. Activities that prevent environmental pollution or...
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