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Přestupkové řízení
Skřičková, Martina
This bachelor thesis deals with the misdemeanour proceedings. The theoretical part describes the basic concepts and principles related to the misdemeanour proceedings. It also describes the course of the proceedings and subsequently, gained knowledge of proceedings is applied to the present case. The thesis also refers to the amendments of § Law.
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The time limitation of liability for administrative delicts
Šulc, Lukáš ; Prášková, Helena (advisor) ; Adamec, Martin (referee)
The time limitation of liability for administrative delicts Summary The subject of the submitted diploma thesis is the time limitation of liability for administrative delicts. The research deals with the current legislation which was adopted with Act No. 250/2016 Coll., On Liability for Administrative Delicts and Proceedings. Special legislation relevant to the topic is also included. The aim of the thesis is to analyse applied legal rules, point out the deficiencies and provide improvement suggestions. The chapters in the first part of the thesis are dedicated to the general meaning and properties of the legal institute of time limitation of liability in the Czech law. Following the description of the general meaning the thesis spells out that the used legislative term can represent a different meaning in the field of public law. Then the thesis describes legal properties of the time limitation of liability for public offences and the reason behind the adoption of the institute. The last chapter of the first part summarizes the legal relationship that is the object of the limitation. The second part of the thesis covers the relevant provisions of the No. 250/2016 Coll. The first chapter is dedicated to the length of the time limitation and sums up the expert criticism of the legislation. Then the chapter...
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Administrative penalties for administrative delicts and protective treatment measures
Čvančara, Michal ; Prášková, Helena (advisor) ; Rajchl, Jiří (referee)
1 Abstract - Administrative penalties and protection measures Description of all administrative penalties and protection measures is the primary goal of this thesis. Due to wide extent of chosen subject, this work aims to individual categories of administrative penalties and protection measures, examines every single condition for its imposition a notices possible contradiction within legislation. The thesis does not include the criteria for imposing penalties, noticed set from section 37 till section 44 Contraventions Act which serve as instruments for determination and length of penalties. Concurrence of contraventions is also not included. In the opening chapter the definition and description of an administrative liability is described as well as basic issues of administrative penalization, considered to be a part of administrative authority's activity. The resemblance of principles of criminal and contravention law is described, that leads to using the same principles either in criminal and contravention law. There's explored what basic sources of administrative penalization are. Each of following chapters describes one of the penalties set in section 35 Contravention Act. Every chapter begins with general description of the penalty and then depicts its main purpose for which it is imposed. Then...
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Selected aspects of the offense law
Jiránková, Nikola ; Korcová, Renata (advisor) ; Pavla, Pavla (referee)
The Master`s thesis ,,Selected aspects of criminal law,, deals with the legal regulation of offense procedure and provides a comprehensive view on the issue of the procedure. The introductory part is focused on basic sources of criminal law that are further divided into domestic and international. The mutual relation between Act no. 200/1990 Coll. about offenses, as amended, and Act no. 500/2004 Coll., Administrative Code, as amended that are involved in the infringement proceedings, is analyzed in particular. The second part of the thesis focuses on the general substantive alteration of offenses and the definition of their basic concepts. The third part focuses on the proceedings, the termination of proceedings in the first instance and summary proceedings, including the legal remedies and judicial review. The practical section provides examples of specific solved cases of selected offenses, including an evaluation of the statistical evidence provided by the Infringement commission Municipal Bureau of Zatec. The conclusion of the thesis contains considerations de lege ferenda.
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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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Přestupkové řízení
Skřičková, Martina
This bachelor thesis deals with the misdemeanour proceedings. The theoretical part describes the basic concepts and principles related to the misdemeanour proceedings. It also describes the course of the proceedings and subsequently, gained knowledge of proceedings is applied to the present case. The thesis also refers to the amendments of § Law.
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Legal regulation of misdemeanor proceedings and problems with its application
ZELENÁ, Markéta
The proceedings is a topical and developing component of the state administration. This is the reason why I decided to deal with the issue in my thesis. I refer to theoretical aspects of some phases of proceedings and compare them to the practical ones. The objective of my thesis Legal regulation of misdemeanor proceedings and problems with its application was to conduct a survey of current legal regulation of one of special legal proceedings {--}fine proceedings. The form of fine proceeding is often used in legal proceedings. One of the objectives of my thesis was to suggest possible alterations to current regulation of legal proceedings. The reseearch I conducted was aimed at proposing recommendations of some alterations to legal regulation of legal proceedings. The research was carried out by the interview method with the senior Police officers and Municipal police officers in Ústí nad Labem. I also used the secondary data analysis technique. I analysed statistical data from all district departments of the Police of the Czech Republic in Ústí nad Labem in 2007. In the theoretical section the term legal offence (misdemeanor) is defined because not any behaviour with signs of a legal offence is always classified as the legal offence. Some substantive legal questions related to legal proceedings are dealt with in this section. The issue of the legal proceeding and some phases of it were mapped. The suggestions mentioned to complete some phases of the legal proceeding could be a useful contribution to legal problems solving. As the main achieved results we can consider a survey of some parts of misdemeanor proceedings and suggestions for implementation of some new rules in various phases of misdemeanor proceedings into the existing legal regulation.
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