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Reviewing of the administrative acts under the Act on the service relationship of members of the security corps
Paulík, Petr ; Vedral, Josef (advisor) ; Staša, Josef (referee)
Reviewing of the administrative acts under the Act on the service relationship of members of the security corps Abstract The subject of this thesis is an analysis of the provisions of Sections 190 to 194 and 196 of the Act No. 361/2003 Coll., on the service relationship of members of the security corps (referred to as the "Service Act"), as well as comprehensive view of the proceedings on appeals and supervisory remedies conducted under this Act, highlighting problematic aspects and interpretative ambiguities in the application practice, their critical evaluation and proposing possible solutions in the form of proposals de lege ferenda. The first part of the thesis deals with the service relationship of members of security corps in general, summarizes the historical development of the legislation concerned and offers a brief look at the service relationship of members of security forces in neighbouring countries Slovakia and Germany. The second part defines the subject matter of the service relationship proceedings conducted under the Service Act and introduces partial aspects of the proceedings in the form of the definition of a service officer, the specifics of service and the formalities of the decision in the proceedings conducted under the Service Act, and also states the Code of Administrative...
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Selected Problems in Evidence
Bečvářová, Darina ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Various problems which relate to the obligation of assertion and obligation of evidence and corresponding burden of assertion and burden of evidence and activity of a court connected with them are the topic of my diploma thesis. The first part concentrates on the definitions of basic terms, which appear in the field of evidence, for example the evidence as a complex process, the subject of evidence, means of evidence and also key terms as burden of assertion and burden of evidence. The next part of the thesis is focused on the description of the institute, which was introduced to the legal system in 2009 and the aim of which is to make civil procedure faster and more effective. This institute is the concentration of the procedure, principle of which is to bring about the state of termination of facts and evidence, which means that parties of the civil procedure are allowed to present facts important for the decision of the court and evidence connected with them only until a certain moment, if they present them later, they will not be relevant for the court. In the present, the parties are obligated to fulfill these obligations until the end of the preliminary procedure happens, respectively until the end of the first procedure in front of the court happens or when the parties are given an additional...
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Selected Problems in Evidence
Bečvářová, Darina ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Various problems which relate to the obligation of assertion and obligation of evidence and corresponding burden of assertion and burden of evidence and activity of a court connected with them are the topic of my diploma thesis. The first part concentrates on the definitions of basic terms, which appear in the field of evidence, for example the evidence as a complex process, the subject of evidence, means of evidence and also key terms as burden of assertion and burden of evidence. The next part of the thesis is focused on the description of the institute, which was introduced to the legal system in 2009 and the aim of which is to make civil procedure faster and more effective. This institute is the concentration of the procedure, principle of which is to bring about the state of termination of facts and evidence, which means that parties of the civil procedure are allowed to present facts important for the decision of the court and evidence connected with them only until a certain moment, if they present them later, they will not be relevant for the court. In the present, the parties are obligated to fulfill these obligations until the end of the preliminary procedure happens, respectively until the end of the first procedure in front of the court happens or when the parties are given an additional...
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Administrative torts and misdemeanors according to the construction law
Svoboda, František ; Cvik, Eva Daniela (advisor) ; Jan, Jan (referee)
This degree thesis deals with administrative torts and misdemeanours according to the construction law in the Czech Republic. First, the paper describes in general the development of imposition of administrative sanctions together with legislation currently in force, focusing on individual facts of administrative torts and misdemeanours according to the construction law. In compliance with its objective the degree thesis is focused namely on the legislation in force, basic principles and rules of administrative proceeding, application of relevant legal regulations and procedures within administrative proceedings differentiated according to the nature of the person being sentenced. The procedures and possible decisions in administrative proceedings are presented in the thesis both from the view of the first-instance authority and the appellate authority, including other methods of defence against decisions issued. Based on the data obtained from employees of building authorities the degree thesis also describes the development of behaviour of persons in the Region of Pilsen while respecting the construction law and summarizes the problems occurring in administrative proceedings. It also follows up the relations of administrative proceedings and factors causing infringement of the construction law and offers possible solutions for better general awareness of the existence of legal regulations and possible sanctions imposed for the breach thereof.
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