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Liability for material and non-property damage caused by an illegal decision and improper administrative procedure, focusing on the content of the non-property damage institute
Zemanová, Klára ; Pítrová, Lenka (advisor) ; Sharp, Vladimír (referee)
Liability for material and non-property damage caused by an illegal decision and improper administrative procedure, focusing on the content of the non-property damage institute Abstract This diploma thesis deals with the topic of state responsibility for damage and non-property damage caused by an illegal decision and improper administrative procedure, with a focus on the institute of non-property damage. The aim of this diploma thesis is to evaluate the current legislation based on a comprehensive interpretation of the given topic, identify its weaknesses and propose possible solutions de lege ferenda. The first part of the diploma thesis is devoted to a general presentation of Act No. 82/1998 Coll., on liability for damage caused in the exercise of public authority by a decision or improper administrative procedure and on the amendment of Act No. 358/1992 Coll. of the Czech National Council, on notaries and their activities (notary code) and a short historical excursion to provide the necessary historical context to the given issue. In the second part of the thesis, I depict the interpretation of the concept of illegal decision and give an example of it from practice, mainly focusing on cases of illegal decision in criminal proceedings, such as illegal criminal prosecution, detention or the restriction of...
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