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Remedial and Supervisory Measures in Tax Proceeding
Košut, Martin ; Houdek, Martin (referee) ; Kopřiva, Jan (advisor)
The bachelor thesis deals with remedies (ordinary, extraordinary and supervisory), especially in terms of Act no. 280/2009 Coll., The Tax Code, as amended. The aim of this thesis is to find, characterize, systematically describe and explain the remedies that are available to all persons involved in tax proceedings, including proceedings in administrative justice. Furthermore, relevant jurisprudence of the Supreme Administrative Court is described, which deals with appeals.
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Appeal
Houdková, Martina ; Mulák, Jiří (advisor) ; Richter, Martin (referee)
Appeal Abstract This Master's thesis introduces the Czech legal regulation of the institute of appeal in criminal proceedings. First of all, it focuses on the subjective and objective conditions of appeal and analyses the course of proceedings before the court of appeal. The main aim of this work is to present the concept of the current legal regulation and thus provide the reader a basic and comprehensive concept of this remedy. This thesis offers a view of the individual points of the current regulation of the institution of appeal through the eyes of experts in the field of criminal law and at the same time presents my own views. The thesis also briefly discusses and evaluates the forthcoming changes to the appeal procedure that are contemplated by the government's draft to recodify the Code of Criminal Procedure, which was presented to the public in the autumn of 2022. Chapter one is a brief excursus into the system and nature of legal remedies, which provides an important introduction to the subject of appeal and an understanding of the institution itself. This is followed by a chapter dealing with the basic and specific principles that substantially affect the appeal process that is built upon them. Knowledge of the various principles and their application in the appeal process is essential for...
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Protection of personal rights of individual in mass media
Knytlová, Kateřina ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
11. Abstract in English This Master Thesis refers to the protection of personal rights of the individual in mass media. The main purpose is to analyse Czech legal regulations regarding this matter and to assess if the level of judicial remedy for the protection of personal rights is sufficient and appropriate. This thesis is focused on the collision of two fundamental rights, namely the right to protection of personal rights and that of freedom of speech and expression. Because of the growing influence of mass media, these rights are frequently at the centre of public debate and issues. The principal problem is which right should be prioritized. Both of them are established as fundamental human rights at the constitutional level therefore enjoy the same degree of protection. Attention is also paid to Spanish legal regulations of protection of personal rights of the individual in mass media. The important differences between the Czech and Spanish legal systems are pointed out throughout the whole paper. The thesis is composed of seven chapters. The first chapter is introductory. Chapter two deals with the protection of personal rights in general and explains this concept while enumerating law sources. Chapter three describes the protection of personal rights of the individual in mass media. It elaborates on...
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Damages in Investment Disputes
Stanek, Michal ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
I Summary Master's thesis "Damages in Investment Disputes" concentrates on some of the current and controversial questions in this field. The aim of the thesis is to set light to the system of investment disputes and to elaborate on burning questions that arise within its scope. This concerns namely questions about its status under international law as such, but also questions connected to the nature of investment disputes which concern one private party and one sovereign party. Moreover, the aim of this thesis is to present an overview of the law of damages that forms the key remedy sought by investors. This concerns questions about the forms of remedies available as well as limitation of the amount of damages due to legal or factual reasons. It deliberately leaves out discussion on methods of calculation of damages as this discussion, even though important for assessment of final amount of damages for a particular investor, is not essential for the functioning of the system of international foreign investment law. In the first part (Chapters 1 - 4), this thesis concerns itself with the functioning of the system of investment disputes and analyses its historical as well as current context. After setting the system into its context, it presents (shortened) analysis of the nature of this dispute settlement...
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Appeals in civil proceedings
Horáček, Petr ; Winterová, Alena (advisor) ; Sedláček, Miroslav (referee)
a klíčová slova v anglickém jazyce Title of rigorous thesis: Appellate review in civil procedure Abstract The rigorosum thesis focuses on the extraordinary remedy of "appellate review" (in Czech: dovolání), as stipulated in Act No. 99/1963 Coll., the Code of Civil Procedure, as amended. The remedy is extraordinary in the sense that it allows to contest a final and enforceable court decision. The thesis is divided into seven chapters. The first two chapters focus on the general principles of civil procedure, appellate systems, types of remedies and the history of the concept of appellate review. The second chapter also includes a passage presenting the planned recodification of civil procedure based on the substantive intent of the Civil Procedure Rules drafted in 2017. The third chapter is the core of the thesis and contains, in particular, the conditions for admissibility of appellate review and the requisites of an application for appellate review. The chapter describes who can lodge an application for appellate review, and specifies the place and deadline for filing the application. Two autonomous requisites are essential for an appellate review and the relevant proceedings: (a) definition of the conditions for admissibility of appellate review; and (b) specification of the grounds for appellate...
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The Position of Review Appeal in the System of Remedies
Ambrož, Vojtěch ; Dvořák, Bohumil (advisor) ; Holčapek, Tomáš (referee)
The Position of Review Appeal in the System of Remedies Abstract What is the purpose of the review appeal in civil matters? Should the review appeal be of an ordinary or extraordinary nature? Should the admissibility requirements of the review appeal be determined entirely objectively, or should it depend, at least in part, on the subjective discretion of the appellate court? This is only a part of numerous questions that have accompanied the institute of review appeal for several historical stages and, due to the planned overall re- codification of the civil procedure law, these issues remain relevant even today. The author of this work aims to provide an answer to some of these questions based on a critical view of the historical development of the review appeal, current legislation concerning this matter and the review appeal from de lege ferenda perspective. In the first chapter, the author generally discusses remedies in civil proceedings, their nature, effects, and definition of the review appeal. The greatest attention is paid to the purposes of the review appeal, which include finding individual justice and unifying the decision-making practice of the civil courts. In the second chapter, the author focuses in detail on the historical development of the institute of review appeal. Its important...
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Rozklad jako řádný opravný prostředek ve správním řízení
MĚCHUROVÁ, Karla
The main part of the thesis is devoted to the institute of remediation belonging to remedies with its own specifics. The institute can be defended against the decision of the central administrative authority, the minister or the head of another central administration issued in the first instance. The purpose of this bachelor thesis is to identify the means of disintegration in connection with the remaining remedies and to incorporate it into the process of administrative proceedings not only in the background of the current legal system in force, but also in the context of public administration and changes made as part of territorial reform. The text also includes an analysis of the Office for Personal Data Protection and introduces its current chair. In addition to analyzing valid law, I also present proposals de lege ferenda.
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Health and advertisin in a tabloid of the First Republic
Soukalová, Kateřina ; Vošahlíková, Pavla (advisor) ; Köpplová, Barbara (referee)
Main topic of the diploma thesis is advertising related to health in press of the First Republic in former Czechoslovakia, especially in tabloid newspapers from the press group called Tempo of Jiří Stříbrný. It deals with advertisements related to medical devices, aids or medicinal and dietetic products, as well as health care. It shows that there has been no consistent or consistently observed legislation with regard to such advertising. There were many complaints by doctors or pharmacists about dry-selling advertising in newspapers, about quack advertising and offering charlatan's products. The thesis brings insights into individual thematic types of health-related advertising, describes those that were most often imprinted, which products and services were the most targeted. All this in connection with current medical, pharmacy, or legal discourse about quack advertisements in daily papers or charlatanism as such.
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Remedies for copyright and neighbouring rights infringement in international context
Ježek, Jan ; Císařová, Zuzana (advisor) ; Holcová, Irena (referee)
Remedies for copyright and neighbouring rights infringement in international context The aim of this thesis is to comprehensively summarise the current international state of remedies for copyright and neighbouring rights infringement. For that purpose the thesis outlines subject matter of copyright and neighbouring rights, international and European legislation, execution and infringement of such rights. With regard to intangible nature of subjects protected by copyright and neighbouring rights, it is not sufficient to prescribe measures only at national level; on the contrary it is necessary to prescribe legislation internationally, because execution and infringement of rights can occur at multiple locations simultaneously. Therefore, this thesis also deals with current issues of digital era, which must be dealt with by the law of copyright and neighbouring rights. The topic of this thesis is divided into five parts. First chapter outlines the intellectual property rights and mainly the special nature of copyright and neighbouring rights. Second chapter summarises most of international treaties in the field of copyright and neighbouring rights and guides through the evolution of international legislation. Further the chapter summarises the European legislation on copyright and neighbouring...
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