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Public liability of members of municipal bodies in public administration decision-making process
HRUBEŠOVÁ, Patricie
The thesis focuses on the issue of public liability of persons in relation to their membership and decision-making in elected bodies of local governments. The work presents theoretical background related to the issue of public liability of individual members of municipal bodies, while these theoretical findings are further applied in the practical part, which contains the characteristics of available statistics of crimes committed by persons in this position. The overall data is then supplemented by the data obtained in fifty municipalities of the South Bohemia Region, on the basis of which the current situation and developing tendencies in this area are derived, including a demonstration of the possible negative financial impact on municipal finances. The resulting conclusions are critically evaluated with suggestions of examples of adequate responses to the current situation and its improvement in the future.
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Delictual liability of natural persons within environmental protection
Žejšková, Pavlína ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
Delictual liability of natural persons in the environmental protection I have chosen the subject delictual liability of natural persons in environmental protection for topic of my Master's degree thesis. The first reason why I have opted for this subject is due to the fact the environment is present everywhere and is a resource that needs to be protected as it is necessary to the human kind to survive. The law is one of the most powerful tools that can help protecting the environment. The second reason is that it does allow me to link several other law areas of interest which are administrative, criminal and environmental. The thesis contains three main parts. The first one is mainly dedicated to the legal liability while focusing on the responsibility in the environmental law. Also are mentioned the fundamental principles of the delictual liability in the Constitution. The second part relate to the criminal liability of natural persons in the environmental protection, starting from the basics of the international and European Union law. Further to this I have reviewed the past history in the Czech Republic, with supporting dated examples, showing how effectively the environment has been preserved by the criminal law. I have continued with a review of the current situation of how the environment is being...
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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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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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Administrative delicts committed by legal entities
Brandová, Tereza ; Prášková, Helena (advisor) ; Handrlica, Jakub (referee)
Topic of my diploma thesis is The Administrative punishment of legal persons. Lability of legal entities is considered to be very actual and controversial at the present time not only in the Czech republic, in connection with criminal law refom, but in the whole Europe. The solution of problematic question of effective sentencing legal persons and detering them from other illegal activities, has been a frequent issue of political profesional a nonspecialists discussion during the last ten years. This thesis describes czech system of public liability of legal entities, which is suffering from numerous imperfections. In the first chapter I define and specify administrative punishment and its basic principles, focusing on principle of humanity, principle of legality in its four forms (nulla crimen sine lege stricta, scripta, certa, praevia) and principle of subsidiarity of criminal repression. The following chapter is focused on administrative liability of legal person. The theory of legal persons as a mere fictions is obsolete and they are considered to be real and self-dependent legal subjects with potency to act. Unfortunatelly, very often they act unlawfully. The consequences of this conduct may often be huge and very difficult to restore. In this chapter I define legal entity, using civil and...
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Delictual liability of natural persons within environmental protection
Žejšková, Pavlína ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
Delictual liability of natural persons in the environmental protection I have chosen the subject delictual liability of natural persons in environmental protection for topic of my Master's degree thesis. The first reason why I have opted for this subject is due to the fact the environment is present everywhere and is a resource that needs to be protected as it is necessary to the human kind to survive. The law is one of the most powerful tools that can help protecting the environment. The second reason is that it does allow me to link several other law areas of interest which are administrative, criminal and environmental. The thesis contains three main parts. The first one is mainly dedicated to the legal liability while focusing on the responsibility in the environmental law. Also are mentioned the fundamental principles of the delictual liability in the Constitution. The second part relate to the criminal liability of natural persons in the environmental protection, starting from the basics of the international and European Union law. Further to this I have reviewed the past history in the Czech Republic, with supporting dated examples, showing how effectively the environment has been preserved by the criminal law. I have continued with a review of the current situation of how the environment is being...
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