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Negligent Obstruction of Duty of Public Official
Kohoutková, Iva ; Richter, Martin (advisor) ; Bohuslav, Lukáš (referee)
Negligent Obstruction of Duty of Public Official Abstract The thesis deals with the analysis of the facts of the criminal offence of negligent obstruction of duty of public official which is contained in Section 330 of the Criminal Code. The thesis also compares it with Polish and German legislation. The thesis aims to provide a comprehensive interpretation of the offence in question. It is divided into four parts. The first part deals with the historical development of the crime of negligent obstruction of duty of public official. It covers the development from the period of the First Republic to the legislation until 2009. The second part contains the analysis of the actual facts of the offence of negligent obstruction of duty of public official. This part is divided into two larger subchapters. The first deals with the interpretation of the basic elements of the offence. Here, one of each feature is subsequently discussed - the object of the offence, the objective aspect of the offence, the subject of the offence and the subjective aspect of the offence. The second subchapter is devoted to the analysis of the circumstances that condition the application of a higher criminal rate. The following section deals with a comparison with the Polish legislation. It first discusses the Polish criminal law in...
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Abuse of power by a public official
Vydra, Tomáš ; Richter, Martin (advisor) ; Vokoun, Rudolf (referee)
The diploma thesis focuses on a detailed analysis of the criminal offence of abuse of power by a public official. The thesis is divided into two continuous parts. The first part refers to the historical development of the offence of abuse of power by a public official and the process of formation of the concept of a public official on the territory of the Czech state since the second half of the nineteenth century. Within this framework, historical criminal laws are analysed, as well as unsuccessful attempts at codification of substantive criminal law from the period of the First Republic, which included this type of offence. Along with this genesis, the legal-historical context accompanying the formation of the researched offence and the public official is also described. The aim of the first part of the thesis is mainly to identify the specific conceptual features of the analysed institutes, which were gradually transposed into subsequent legal regulations and resulted in the construction of the currently valid and effective form of the offence of abuse of power by a public official. The second part, in direct continuity with the first part, analyses the current concept of the offence of abuse of power by a public official with the related conceptual features. In particular, the current...
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Conflict of interest of public officials
Kapras, Jiří ; Kysela, Jan (advisor) ; Kudrna, Jan (referee) ; Syllová, Jindřiška (referee)
1 Abstract The dissertation is focused on the topic of conflict of interest as a decision-making problem in the performance of public functions, when the public interest, which the public official has to promote or defend by virtue of his position, and his private interest come into conflict. The existing institutes of the Czech legal system, which regulate situations of conflict of interest, are divided into several groups, to which chapters of the dissertation are dedicated. Specifically, it concerns i) the pivotal and overarching duty of prevention and prioritizing the public interest over personal interest; ii) so called 'genuine incompatibility' and iii) 'non-genuine incompatibility'; iv) reporting obligations; and v) a category of other institutes focusing foremost on cooling-off period and regulation of lobbying. The dissertation focuses specifically on the following areas of problems: i) in the case of genuine incompatibility (Chapter 4) on the issue of the cumulation of the function of a member of Parliament of the Czech Republic with the function of a member of the council of territorial self-governing units and certain negative manifestations associated with it in the process of adoption of laws affecting the territorial self-governments; ii) in the case of non-genuine incompatibility (Chapter...
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Conflict of Interest - International Recommendations and Czech Approach
Kala, Jiří ; Vymětal, Petr (advisor) ; Smetanková, Daša (referee)
The aim of this work is to describe the area of the conflict of interest in the public sector in general and then in the Czech Republic. Firstly, it works with international overview on this problem. It defines the purpose of the conflict of interest and the public officials. It also presents recommendations refer to this policy, mainly accepted in the Organisation for Economic Cooperation and Development (OECD). Next, it is presented, how the conflict of interest is managed in the Czech Republic. The work also analyzes Czech conflict of interest act and the activities, which carries out the global civic society organisation Transparency International. Finally, it is evaluated the efficiency of the measures which were accepted in the Czech Republic.
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