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Impact assessment of Act No. 254/2019 Coll., On Experts, Expert Offices and Expert Institutes
Somerlíková, Martina ; Výskala, Miloslav (referee) ; Aigel, Petr (advisor)
The final thesis deals with the issuance of Act No. 254/2020 Coll., On experts, expert offices and expert institutes. The aim is to analyze, describe and evaluate the impact of the law change on expert activities. The analysis took the form of a questionnaire survey addressing 1,002 experts. The evaluation of the results is processed using graphs, tables and free citations of experts. The thesis deals with the characteristics of individual provisions of the law, their negative effects and benefits. The output of the work is an analysis of the current situation. In the end, recommendations and proposals for measures are formulated.
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The operation of political committee in the period of the so-called Legal Biennial
Frantalová, Anna ; Kuklík, Jan (advisor) ; Skřejpková, Petra (referee)
The thesis called The operation of political commitee in the period of the so-called Legal Biennial deals with the activity of political commitee, an especial authority subordinated to the Ministry of Justice, in the period of the so-called Legal Biennial, i.e. in 1948-1950. The main aim of the commitee's activity was to direct the drafts of new laws presented by particular expert commitees and to adjust ideologicaly its content. In the first part of the thesis, the author presents the period of so-called Legal Biennal and describes the procedure of creation the new laws and its passing in the National Assembly. In this part, the author also dealt with the establishment, competetions and tasks of the commission and afterwadrs she presents also its members and organisation of the commitee's activity. One of the results of the author's work is also a tabular survey of the commitee's meetings including the attendance and discussed topics. The second part of the thesis is oriented to legal questions discussed by the commitee on its meetings, arranged in thematic order and on the influence of the commitee on the final wording of presented laws. Finally, the author presents some of the main members of the political commitee who significantly influenced its operation.
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Impact assessment of Act No. 254/2019 Coll., On Experts, Expert Offices and Expert Institutes
Somerlíková, Martina ; Výskala, Miloslav (referee) ; Aigel, Petr (advisor)
The final thesis deals with the issuance of Act No. 254/2020 Coll., On experts, expert offices and expert institutes. The aim is to analyze, describe and evaluate the impact of the law change on expert activities. The analysis took the form of a questionnaire survey addressing 1,002 experts. The evaluation of the results is processed using graphs, tables and free citations of experts. The thesis deals with the characteristics of individual provisions of the law, their negative effects and benefits. The output of the work is an analysis of the current situation. In the end, recommendations and proposals for measures are formulated.
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The operation of political committee in the period of the so-called Legal Biennial
Frantalová, Anna ; Kuklík, Jan (advisor) ; Skřejpková, Petra (referee)
The thesis called The operation of political commitee in the period of the so-called Legal Biennial deals with the activity of political commitee, an especial authority subordinated to the Ministry of Justice, in the period of the so-called Legal Biennial, i.e. in 1948-1950. The main aim of the commitee's activity was to direct the drafts of new laws presented by particular expert commitees and to adjust ideologicaly its content. In the first part of the thesis, the author presents the period of so-called Legal Biennal and describes the procedure of creation the new laws and its passing in the National Assembly. In this part, the author also dealt with the establishment, competetions and tasks of the commission and afterwadrs she presents also its members and organisation of the commitee's activity. One of the results of the author's work is also a tabular survey of the commitee's meetings including the attendance and discussed topics. The second part of the thesis is oriented to legal questions discussed by the commitee on its meetings, arranged in thematic order and on the influence of the commitee on the final wording of presented laws. Finally, the author presents some of the main members of the political commitee who significantly influenced its operation.
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The sahre of civil element in criminal decision making procedure
Reterová, Sylvie ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
The Share of the Civil Element in the Criminal Decision-Making Procedure Key words: civil element, Comission for Conditional Release (parole), Ministry of Justice, probation and mediation service, assessors, associate judges, criminal proceedings This paper examines the share of the civil element in the criminal decision-making procedure. The aim is to introduce and analyze the institute that has been introduced in the Czech judiciary in the mid-19th -century - the associate judge, as well as the new institute, under which civil representatives can assess applications for release on probation. It further focuses on the Ministry of Justice's intention to introduce the Parole Board, which could single handedly decide about probation in the future. The paper is divided into three chapters. The first chapter offers a historical exposé of the institute of the associate judge, devoting particular attention to the reasons which led the legislative authority to implement this civil element. The second chapter discusses the current status quo, the system, and the benefits of associate judges. Accent is placed on the legislative enactment of the share of the civil element in the criminal decision- making procedure and then on the merits and importance of their judicial participation in criminal matters. The...
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The effect of bailiff territoriality on the reclamation of receivables, the length of debt recovery and other aspects of court-ordered distraints
Plaček, Jan ; Smrčka, Luboš (advisor) ; Belás, Jaroslav (referee) ; Hučka, Miroslav (referee)
The area of individual reclamation of receivables in the form of court-ordered distraints has undergone significant changes since the year 2000. The initial practice, when the claims used to be enforced directly by judicial officers, proved to be largely ineffective and with difficult to apply. The Ministry of Justice has responded by adopting an amendment to the Act (Act no. 120/2001 Coll., on bailiffs and executor activities), which introduced the independent bailiff offices. Then, the law itself understood the bailiff authorities as a separate entrepreneurs. Currently, in the Czech Republic, there can be seen the distribution of the market with distraints according to the Pareto rule. Approximately 20% of bailiff offices manage over 80% of distraints. It is obvious that this is an unsatisfactory condition for the majority of bailiff offices. In response to this fact, the Czech Chamber of Bailiff offices calls for the introduction of territoriality, which would eliminate by law the market environment from the market with distraints and every single bailiff office would have a stable allocation of distraint proceedings. The analysis carried out clearly shows that there are significant differences between bailiff offices in terms of speed and in success of the debt recovery. The actual demand for the introduction of territoriality would not merely be a reallocation of the market with distraints. Putting it into a practice would greatly influence the transactional costs of business and non-business entities in the Czech economy. The thesis comprehensively describes the issue of territoriality and quantifies how much the debt collection will decrease in case of its introduction. In the conclusion, an alternative draft is formulated, which might, according to the author, allow effective regulation and supervision of the activities of bailiffs' offices without compromising the inherent efficiency of the reclamation of receivables in terms of market environment.
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The weakening of the independence of the judiciary and influence of the state administration on judicial decisions in the period of 1948 - 1953
Havel, Ladislav ; Jakubec, Ivan (advisor) ; Matula, Miloš (referee)
This thesis is focused on the performance of judicial power in Czechoslovakia in the period of 1948 -- 1953, that is characterized by almost unlimited influence of the ruling party, the Communist Party of Czechoslovakia, on the entire society. It was associated with a destruction of division of power in the state and with intentional limitations of the independence of judiciary. The aim of the work is to identify and analyse particular components of a specific mechanism that was introduced to enable to influence the judiciary decisions according to power and political interests of the Communist party of Czechoslovakia through administrative bodies, especially Ministry of Justice. For this purpose fundamental changes of the legislation, personnel and also organizational changes in the judiciary were carried out.
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