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Specifics of land ownership in specially protected areas
Mičková, Jana ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
This thesis focuses on the specifics of land ownership in specially protected areas. The objective was to determine the status of landowners in these protected areas. The study primarily concentrates on the conditions, obligations, and restrictions that affect landowners in these areas, including the compensations they are entitled to for such restrictions. The thesis also introduces some other institutions that can be used in the protection of nature and landscape. Legal regulations of both public and private law are analyzed, with an emphasis on public law, which includes legal statutes regulating the protection of nature and landscape. Case law addressing the area of nature and landscape protection and property rights is also utilized. The main part of the thesis is an analysis of specific rights and duties for landowners in specially protected areas. It also discusses the position of landowners in the actual declaration of specially protected areas. Mentioned as well are compensations due to owners in case of limitations on their property rights for the purpose of protecting nature and landscape. Given the broad scope of the topic, only the most important specifics are mentioned. The thesis also outlines how legal regulations could be improved in certain cases. Keywords: ownership, specially...
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Temporální vývoj záborů zemědělské půdy ve vybraném území a jeho dopady na krajinu
Marek, Libor
The presented diploma thesis is devoted to the subject of the grabbing of agricultural land for the new construction of a bypass road in the village called Čebín. In the literature review are defined the basic terms and sources of the legal regulation of land grabbing and protection. The focus of the work lies in the analysis of the grabbing of agricultural land for the construction of the Čebín road bypass and its impact on the landscape and biodiversity. In the practical part will be addressed the route of the Čebín road bypass. The data provided by the Administration and maintenance of roads in the South Moravian Region were used in the work. According to the developed results, a comparsion of the creditworthiness of the agricultural land. Furthermore, the road bypass will be evaluated especially from the point of view of the temporal development of land grabbing and its impact on the landscape and the environment. The work is based on spatial plans and transport infrastructure plans. The conclusion of the work brings suggestions de lege ferenda.
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Conceptual tools of spatial planning and its specifics in specially protected areas in Šumava
Komárek, Matěj ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
Conceptual tools of spatial planning and its specifics in specially protected areas in Šumava The thesis concerns with the relation between nature and landscape protection and spatial planning in Šumava. In Šumava we find Czech biggest national park and the whole area is protected with some other territorial protection tools of landscape and nature. Simultaneously we find in Šumava a large number of villages some of them located in the most strictly protected areas. In 2017 an amendment to the act no. 114/1992 Coll., on nature and landscape protection, was approved. The thesis was created at the turn of 2019 and 2020 when some territorial protection tools, such as quiet zones in national park, national park management plans and national parks zoning systems were redefined based on the 2017 amendment. This amendment has changed significantly the protection tools of landscape and nature and strengthen its role in the national parks. The mayors of municipalities were outright against the amendment and argued that as a result of this amendment the development of the villages would be limited. The thesis concerns with specifics of conceptual tools of spatial planning in Šumava, i. e. how the villages are limited in its territorial development by the existence of specially protected areas, also...
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Legal framework of the species protection in the Czech Republic
Vítek, Tomáš ; Stejskal, Vojtěch (advisor) ; Derlich, Stanislav (referee)
Legal framework of the species protection in the Czech Republic Abstract The diploma thesis deals with the legal instruments for species protection of plants and animals applied in the Czech Republic. In the introduction, he defines species protection and its position in the framework of nature and biodiversity protection and addresses the issue of the concept of species in a biological and legal context. The following is a historical overview of the development of species protection in the Czech territory from the oldest legal regulations adopted in the 19th century to 1992, when the current legislation came in force. The general part of the work ends with an overview of current legal regulations relevant to species protection of plants and animals, namely international, European and Czech regulations. The key part of the work is devoted to the description and analysis of the instruments of general species protection and special species protection according to the Nature and Landscape Protection Act. The thesis first discusses the tools of general species protection, including the issue of invasive and non-native species. An integral part of the work is a brief excursion into the otherwise very comprehensive issue of import, export and trade in endangered species, which is regulated in particular by the...
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Specifics of Landownership in Specially Protected Areas
Allohová, Natálie ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
1 ABSTRACT Specifics of Landownership in Specially Protected Areas The thesis deals with specifics of landownership in specially protected areas. The objective is to describe and analyze institutes that a landowner is presumably to encounter in specially protected areas. The thesis also presents the specifics related to the state as landowner in specially protected areas. First chapter as an introduction to the issue presents groundings of specially protected areas in legislation of the Czech Republic. Second chapter firstly provides a definition of landowner in specially protected areas. In connection with the state as landowner in specially protected areas, the rest of the second chapter is dedicated to latter mentioned issue. Followed by an introduction of fundamental institutes that the state implements in terms of achieving the aim of the state being the majority landowner of selected specially protected areas due to its uniqueness. The legal regulation of specially protected areas imposes significant restrictions on ownership rights in real property, more significantly on landownership. After briefly introducing the issue of restrictions on ownership, the third chapter deals with restrictions on ownership (landownership) in part six of Act no. 114/1992 Coll., on Nature and landscape protection. Some...
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Environmental protection instruments in Czech law
Timková, Lucia ; Damohorský, Milan (advisor) ; Snopková, Tereza (referee)
This diploma thesis deals with the instruments of environmental protection which are used in the Czech legal system. Thanks to these instruments, the state and other institutions try to assign the most effective environmental protection possible. We can divide these instruments into two main categories, direct and indirect. The direct instruments are divided into conceptual, administrative - law, vindicatory and voluntary. The indirect are represented by the economic instruments, which can be divided into instruments of positive and negative stimulation. The thesis also contains specification of the particular basic principles of the environmental protection and the concretization of the institutions responsible for the protection. Each chapter also contains a demonstration of how each particular group of instruments can be practically applied in the nature and landscape protection.
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Legal regulation of nature and landscape protection in relation to location of roads
Chaloupková, Alena ; Stejskal, Vojtěch (advisor) ; Průchová, Ivana (referee) ; Franková, Martina (referee)
Legal regulation of nature and landscape protection in relation to location of roads Abstract: The relationship between environmental protection and road construction often causes conflicts in society. This dissertation contributes to the discussion by focusing on the analysis of the legal regulation relating to nature and landscape protection in the processes of planning and location of new roads in the Czech Republic. This issue has not yet been comprehensively addressed. It, however, includes the following important questions: How is the route of a planned road lo- cated according to Czech law? How are nature and landscape protection requirements integrated into the location process? How is the issue of landscape fragmentation addressed in the process? What implications may have the current changes of the applicable law? The objective of the dissertation is to create a foundation for a formulation of recommendations aimed at optimiza- tion of the legal framework of nature and landscape protection in the relevant processes in order to ensure the most effective protection of this important public interest even if it has been de- cided to carry out the construction. The dissertation is divided into eight Chapters: The first Chapter includes an introduc- tion to the issue and formulates research questions...
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The restrictions of the ownership of real property for the purpose of nature and landscape protection
Víšková, Kateřina ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
The restrictions of the ownership of real property for the purpose of nature and landscape protection Abstract This diploma thesis focuses on restrictions of the ownership of real property for the purpose of nature and landscape protection, which are regulated in Act No. 114/1992 Coll., On nature and landscape protection. The thesis is divided into two parts. The first part focuses on the general bases of the legal regulation of the restriction of the ownership of real property due to nature and landscape protection and contains four chapters. The first chapter defines essential legal institutes. The second chapter contains sources of regulation at international, European and national level. The third chapter discusses generally the conflict of property right with the right to a favourable environment. The fourth chapter deals with individual ways of limiting the property right. The second part discusses specific restrictions on the right to property and is also divided into four chapters. This is the fundamental part of this thesis. The first chapter of this part is devoted to the modification of the subject of property rights to protect nature and landscape. The second chapter deals with the modification of the property rights in terms of disposition limitation. The third chapter divides the individual...
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Conceptual tools of spatial planning and its specifics in specially protected areas in Šumava
Komárek, Matěj ; Franková, Martina (advisor) ; Stejskal, Vojtěch (referee)
Conceptual tools of spatial planning and its specifics in specially protected areas in Šumava The thesis concerns with the relation between nature and landscape protection and spatial planning in Šumava. In Šumava we find Czech biggest national park and the whole area is protected with some other territorial protection tools of landscape and nature. Simultaneously we find in Šumava a large number of villages some of them located in the most strictly protected areas. In 2017 an amendment to the act no. 114/1992 Coll., on nature and landscape protection, was approved. The thesis was created at the turn of 2019 and 2020 when some territorial protection tools, such as quiet zones in national park, national park management plans and national parks zoning systems were redefined based on the 2017 amendment. This amendment has changed significantly the protection tools of landscape and nature and strengthen its role in the national parks. The mayors of municipalities were outright against the amendment and argued that as a result of this amendment the development of the villages would be limited. The thesis concerns with specifics of conceptual tools of spatial planning in Šumava, i. e. how the villages are limited in its territorial development by the existence of specially protected areas, also...
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The Largest Czech Mountain Resort Špindlerův Mlýn and its Prepared Modernization: Interconnection of Areas Medvědín and Svatý Petr
Krempaský, Tomáš ; Novák, Arnošt (advisor) ; Šťovíčková Jantulová, Magdaléna (referee)
1 Abstract This diploma thesis deals with the current plan to connect ski resorts Svatý Petr and Medvědín in Špindlerův Mlýn within a case study. The approval of this plan will not be easy at all, as its realization would involve relatively substantial interventions in the Krkonoše National Park. The aim of the thesis is to find out how the decision- making process is taking place in the case of this plan, which actors are involved in negotiating of its implementation, what are opinions of representatives of the selected actors of the decision-making process and whether residents of Špindlerův Mlýn like or dislike the plan. For answering the research questions that arise from the goal of the thesis, qualitative and quantitative methodology, namely semi-structured interviews and questionnaire survey is used. The theoretical part introduces the reader to a more general context of the realization of the plan, the methodological part describes and justifies the selected research methods and the practical part deals with the results of the research. The conclusion summarizes the main pieces of knowledge. A significant revelation of this diploma thesis is the fact that without many positive side-effects of the project, outside the main motive to allow skiers to ski on both slopes without taking off their skis, it...
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