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Administrative penalties for administrative delicts and protective treatment measures
Čvančara, Michal ; Prášková, Helena (advisor) ; Rajchl, Jiří (referee)
1 Abstract - Administrative penalties and protection measures Description of all administrative penalties and protection measures is the primary goal of this thesis. Due to wide extent of chosen subject, this work aims to individual categories of administrative penalties and protection measures, examines every single condition for its imposition a notices possible contradiction within legislation. The thesis does not include the criteria for imposing penalties, noticed set from section 37 till section 44 Contraventions Act which serve as instruments for determination and length of penalties. Concurrence of contraventions is also not included. In the opening chapter the definition and description of an administrative liability is described as well as basic issues of administrative penalization, considered to be a part of administrative authority's activity. The resemblance of principles of criminal and contravention law is described, that leads to using the same principles either in criminal and contravention law. There's explored what basic sources of administrative penalization are. Each of following chapters describes one of the penalties set in section 35 Contravention Act. Every chapter begins with general description of the penalty and then depicts its main purpose for which it is imposed. Then...
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Administrative discretion and indefinite legal concepts
Šulda, Mirek ; Vedral, Josef (advisor) ; Kryska, David (referee)
1 Abstract This diploma thesis deals with the issue of administrative discretion and vague legal concepts, as legal institutes, which the public administration needs in order to fulfil its targets in the ever-changing social relationships, while simultaneously not committing illegal interventions into the rights and freedoms of individuals. The first and most extensive chapter defines administrative discretion and describes the need for its inclusion into the legislation. This chapter then briefly goes into the history, which intends to remind us of the ground-breaking moments associated with the development of administrative discretion, in order to acquire a complex understanding of this institute. The following text demonstrates the extent of this legal phenomenon's possible application, deals with its embodiment into legal regulations and defines the possibility of discovering its existence, using characteristic terminology. The author further describes the basic conceptual feature of administrative discretion in the form of relative freedom in decision making process, when the administrative authority does not solely work based on a programmed machine, which mindlessly adheres to the law and spontaneously ranks specific facts under the provisions of a general regulation. The conclusion of the first part...
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