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Basic principles of activities of administrative bodies
MINDLOVÁ, Anna
The bachelor thesis deals with the basic principles of activities of administrative bodies in the legal system of the Czech Republic. It also deals with the functioning of the domestic public administration as a whole. The thesis is primarily focused on the essence of functioning and compliance with the basic principles of administrative bodies contained in Act No. 500/2004 Coll., Administrative Procedure Code, and is suitably supplemented by an analysis of the case law of the Supreme Administrative Court and the work of the Public Defender of Rights. All with a focus on administrative law. Knowledge, appropriate application, interpretation and observance of the basic principles of activities of administrative bodies are a prerequisite for fulfilling the right to a fair trial and the basis for the proper functioning of a democratic state governed by the rule of law, which the Czech Republic undoubtedly is. The thesis not only analyzes these principles, but also factually describes and evaluates the role of the ombudsman in the field of enforcement of these principles.
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Public Procurement: analysis of the most common errors
Střechová, Lenka ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
In my rigorous thesis I deal with the process of public procurement with focus on the most common errors, which occur within the process of awarding the public contract. Its goal is not the description of the process of public procurement and its mechanisms, but it focuses only on its critical areas in which the public authorities usually err. The emphasis is put also on the basic principles of the public procurement, i. e. transparency, prohibition of discrimination and equal treatment, which in my opinion, have to be reflected within the whole process of public procurement. Hence I will analyze how the contracting authorities deal with these principles. This rigorous thesis is based especially on the decisions of Office for the protection of the economic competition and the administrative courts. On the basis of these decisions are explain some of the aspect which are not directly regulated by the Act on Public Procurement and which result to be problematic for the contracting authorities.
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The Development of the Czech Republic Pension System and Its Application in the Legal Form
Konárová, Radka ; Zemanová, Jana (advisor) ; Koldinská, Kristina (referee)
Resumé - Cizí jazyk The Development of the Czech Republic Pension System and Its Application in the Legal Form The In this thesis I presented a comprehensive overview of the current pension system in the Czech Republic and introduced some changes to the pension system of the Czech Republic that has been already clarified or will be very probably clarified by the modifications in the legal regulations. The content of my thesis is directly related to the pension reform in the Czech Republic and I also described some impacts of the modifications in the legal tax regulations system.Czech Republic is another country that will have to deal with unfavorable demographic progress of its population such as increasing number of seniors and decreasing amount of subjects that contribute to the pension system. That might result in the financial instability and that is also a reason for preparation and implementation of the Czech pension system reform. I'm convinced that pension system as a part of the country's social system is one of the crucial economics cornerstones of every country. Laws that support the pension system are subjects of significant modifications in the recent years. Such modifications are content related, it means that new laws are created or current laws are modified. The execution of the laws changes...
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Appeals in criminal proceedings
Kaňa, Jakub ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
APPEALS IN CRIMINAL PROCEEDINGS ABSTRACT This thesis tries to describe the legislation of appeals in criminal proceeding in the Czech Republic. The aim is to present information on the historical development of remedies in criminal proceedings, on the basic principles of criminal proceedings, on the recent legislation of appeals in criminal proceedings, then a short comparison of the legislation in Austria and finally to point out to some of its deficiencies and suggest their solutions. The introduction of the thesis gives the basic information on the work itself, its aims and reasons which convinced the author to choose this topic. The first chapter of it is devoted to a short description of the legislation of remedies in history. Then, the basic principles of criminal proceedings and their effects on remedial proceedings are described. The third chapter focuses on the basic classification of remedies in the Czech Republic. The most exhaustive chapter with the analysis of the legislation of appeals follows. The biggest part in it is devoted to the description of remedial proceedings and several institutes are criticized here. Time periods, entitled person, the requirements for the content of an appeal, proceedings before the Court of First Instance, proceedings before Appeal Court and finally proceedings...
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Cooperating defendant
Musilová, Nikola ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis deals with the institute of Cooperating defendant. In particular, it focuses on its relation to the basic principles governing the Czech criminal proceedings, as well as selected aspects of its legal regulations. The institute of cooperating defendant has been in legal force since January 2010. Its legal regulation may be found in the legal provision 178a of the Code of Criminal Procedure. The Criminal Code contains substantive legal provisions defining the consequences related to the attainment of the cooperating defendant designation. Such consequences especially include the exceptional reduction of the length of imprisonment or even complete waiver of any sort of punishment. The institute is typically used as a tool to fight organized crime. The institute has its roots in the common law legal system from which a lot of European countries have been importing many other legal institutes, especially in the last three decades, to speed up criminal proccedings, help solve the lack of evidence and fight against organized crime which poses a threat to the society as well as the democratic state. The import of legal institutes that are otherwise typical for the common law system, however, poses many obstacles, especially because the criminal proceedings of the continental legal...
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Problems in juvenile criminal justice
Sovák, Ondřej ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
"Problems in Juvenile Criminal Justice" The thesis is dedicated to the juvenile criminal justice issues in the Czech Republic. The work is divided into three parts. The first part includes a historical view of the punishment of minors and the situation before the adoption of Act No. 218/2003 Coll. The second part describes the basic principles of juvenile criminal justice which are important for the understanding of the meaning of the Act. A study of basic principles can assist in drawing attention to controversial issues, or perhaps also assist in resolving them. The third part is divided into four chapters by individual selected institutes of the Act. What is analyzed in detail are issues of the protection of minors' privacy, the question of the changed local jurisdiction of the juvenile court, the withdrawal from the criminal prosecution and the institute of arrest. Keywords: juvenile criminal justice minors basic principles
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The issue of juvenile criminal justice
Salmonová, Tereza ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This thesis mainly deals with the procedures concerning the youth and children under fifteen years old, including the procedural status of subjects according to Act No. 218/2003 Coll. Youth on liability for unlawful acts of Juvenile Justice and amending certain acts (Act on Juvenile Justice), but the Act No. 40/2009 Coll., Penal Code. Introduction of this thesis is the historical development, both within Austria-Hungary or the Czech Republic after 2003. Its cross section is the interpretation of certain key concepts and principles that are essential to the interpretation and practical application of the Act itself. The chapter on the Institute diversions could not be omitted in this thesis. Using detours is still a new phenomenon for Czech criminal law and in the practice of law is still used less (unlike the penalties associated with imprisonment). It is mentioned both in the general characteristics of control over juveniles and children under fifteen years old, protection of private adolescents with an emphasis on the provision of information in cases, where the perpetrator or victim of the offense is a person under the age of fifteen years old. Here the emphasis is on whether such a procedure does not violate the constitutional right to a public hearing. The thesis is also devoted to the...
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Public Procurement: analysis of the most common errors
Střechová, Lenka ; Horáček, Vít (advisor) ; Plíva, Stanislav (referee)
In my rigorous thesis I deal with the process of public procurement with focus on the most common errors, which occur within the process of awarding the public contract. Its goal is not the description of the process of public procurement and its mechanisms, but it focuses only on its critical areas in which the public authorities usually err. The emphasis is put also on the basic principles of the public procurement, i. e. transparency, prohibition of discrimination and equal treatment, which in my opinion, have to be reflected within the whole process of public procurement. Hence I will analyze how the contracting authorities deal with these principles. This rigorous thesis is based especially on the decisions of Office for the protection of the economic competition and the administrative courts. On the basis of these decisions are explain some of the aspect which are not directly regulated by the Act on Public Procurement and which result to be problematic for the contracting authorities.
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The Development of the Czech Republic Pension System and Its Application in the Legal Form
Konárová, Radka ; Zemanová, Jana (advisor) ; Koldinská, Kristina (referee)
Resumé - Cizí jazyk The Development of the Czech Republic Pension System and Its Application in the Legal Form The In this thesis I presented a comprehensive overview of the current pension system in the Czech Republic and introduced some changes to the pension system of the Czech Republic that has been already clarified or will be very probably clarified by the modifications in the legal regulations. The content of my thesis is directly related to the pension reform in the Czech Republic and I also described some impacts of the modifications in the legal tax regulations system.Czech Republic is another country that will have to deal with unfavorable demographic progress of its population such as increasing number of seniors and decreasing amount of subjects that contribute to the pension system. That might result in the financial instability and that is also a reason for preparation and implementation of the Czech pension system reform. I'm convinced that pension system as a part of the country's social system is one of the crucial economics cornerstones of every country. Laws that support the pension system are subjects of significant modifications in the recent years. Such modifications are content related, it means that new laws are created or current laws are modified. The execution of the laws changes...
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