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The admissibility of evidence in the Czech criminal proceedings
Zaoralová, Petra ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Říha, Jiří (referee)
This PhD thesis focuses on the admissibility of evidence in criminal proceedings. Appropriate setting of limits of admissibility of illegally obtained evidence in the criminal proceedings is not only regarded as one of the main guaranties of fair justice system, but also represents topical and vital issue which raises number of legal dilemmas. The importance of the topic has been increasing recently as gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals that are subject to severe limitation on constitutional and especially international level and that are broadly endangered during the process of collecting evidence. The core of the thesis lies in the in-depth analysis of current legislation, jurisprudence and case law dealing with the issue. Within the framework of that analysis, all of the important and disputed questions relating to the general aspects of admissibility of evidence are examined from the perspective of jurisprudence and case law; the knowledge is enriched with real practical impacts on domestic judicial practice. Special attention is paid to the issues related to the exclusion of illegally obtained evidence from the process of evaluating evidence and forming final decision on the case. The thesis does not overlook the problems...
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Principle of the legality of taxation
Šmejkal, Viktor ; Bakeš, Milan (advisor)
The tax might be identifiable with a tax-law relationship or make it subject to such a relationship, i.e. it could be definable as a public obligation of a participant in the legal relationship, or might be able to both approaches. The starting point is the economic definition of taxe and precisely the functional definition used in economic theory and financial science, neatly summarized commonly available knowledge about the principles of tax, operand the analysis of the economic construction of the tax in terms of legal doctrine, by the structural elements of the tax, since the legal definition of tax lies on them. Contrary to what is commonly recognized, tax procedural rules in Czech Republic contain a general legal definition of tax. Refuted can be the view that this definition is merely a legislative abbreviation. After a relatively long exploration of the concept tax, forced by an insufficiency of theoretical knowledge on this subject, tax jurisdiction of the state is examined as the ability to impose taxes and at a same time the general requirement of legality on all levels of exercising that power of every sovereign state. KEY WORDS Tax - Legality - Tax principles - State - Tax sovereignty - Protection of property
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The admissibility of evidence in the Czech criminal proceedings
Zaoralová, Petra ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Říha, Jiří (referee)
This PhD thesis focuses on the admissibility of evidence in criminal proceedings. Appropriate setting of limits of admissibility of illegally obtained evidence in the criminal proceedings is not only regarded as one of the main guaranties of fair justice system, but also represents topical and vital issue which raises number of legal dilemmas. The importance of the topic has been increasing recently as gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals that are subject to severe limitation on constitutional and especially international level and that are broadly endangered during the process of collecting evidence. The core of the thesis lies in the in-depth analysis of current legislation, jurisprudence and case law dealing with the issue. Within the framework of that analysis, all of the important and disputed questions relating to the general aspects of admissibility of evidence are examined from the perspective of jurisprudence and case law; the knowledge is enriched with real practical impacts on domestic judicial practice. Special attention is paid to the issues related to the exclusion of illegally obtained evidence from the process of evaluating evidence and forming final decision on the case. The thesis does not overlook the problems...
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Detention proceedings
Andělová, Kateřina ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
The detention proceedings constitutes a heavy intervention into the individual's right to personal freedom guaranteed by the Czech Constitution in a way of involuntary stay in hospital. The basis of present legal regulations of detention proceedings is necessary to see especially in the Czech Declaration of Human Rights And Freedoms (article 8, clause 6) that continues European Convention on Human Rights (article 5, clause 1e) specifying that (only) law constitutes, in which events individual may be kept in a hospital without his acceptance.
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Andrej Vysinskij - a legal scholar of the Stalin era
Kraft, Valeria ; Maršálek, Pavel (advisor) ; Kühn, Zdeněk (referee)
Andrey Vishinsky - a legal scholar of the Stalin era Abstract The aim of the thesis is to examine the basic categories of the Marxism-Leninism theory of law from the point of view of Andrey Januaryevich Vishinsky. The thesis is composed of four chapters. Chapter One (named "Marxism, Russian revolution and Law") is based on the idea that it is not possible to understand the Soviet law without analysis of the relationship between Marxism and legal theory. Subchapter 1.1 gives a brief overview of Marx's school of thought. At the same time it points out the absence of the self-contained concept of law in writings of Marx and Engels. Chapter Two is devoted to the life of Andrey Vishinsky, his academic and scientific career. The following subchapters are subsequently mapping the individual stages of his life. It contradicts some of the untruths and myths surrounding Vishinsky. Chapter Three (named "Vishinsky's contribution to the basic categories of the Marxism-Leninism legal theory") is concentrating on the four fundamental concepts of legal thinking: Law, State, Legality and Justice. It points out that Vishinsky's approach to these categories was only purpose-built and dogmatic. Chapter Four deals with criticism which Andrey Vishinsky targeted against the theorists of "withering away of law and the state":...
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Characteristics of the facts of the criminal offence
Chudíková, Jana ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
This bachelor thesis deals with the characteristic of the facts of the criminal offence according to the Criminal Code. The introduction deals with the concept of criminal law and it's main principles (legality and subsidiarity). It also covers the aspect of "social harmfulness". The main part of the thesis deals with the facts of the criminal offence and its classification. In the very end is the analysis of few criminal offences.
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Legal consciouness of kindergarten workers.
BAREŠOVÁ, Vladimíra
This Bachelor Thesis deals with the issue of scholl and labour law in the practice of kindergartens. It analyses the basic concepts of law which should form the basic of legal consciousness of every kindergarten worker as well as the fundamental legal regulations relating to the profession of kindergarten workers and the knowledge and application of these legal regulations in practise. The thesis focuses on legal consciousness of kindergarten headmasters and teachers and their copying with the laws that are constantly being amended.The thesis includes a proposal of an information system of kindergarten workers in the sphere of law. The work also contains a brief overview of the basic legal regulations concerning the activity of kindergartens and their employees.
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Legality of Kosovo intervention
Lachi, Olesea ; Kalová, Zuzana (advisor) ; Pospěchová, Lucie (referee)
Údery NATO, hned po jejich zahájení, vyvolaly velké debaty na celém světě: dilema spočívala v tom, že snaha zastavit ?etnické čistky? kosovských Albánců ze strany Bělehradu měla tak nejistý právní základ: zásah NATO v Kosovu totiž neměl mandát Rady bezpečnosti OSN. Zákaz použití síly je jus cogens v mezinárodním právu a výjimky které vyjmenovává Charta OSN zásah neospravedlňují. Přesto, mezinárodní společnost považuje zásah legitimním. Ve své práce bych se chtěla zaměřit právě na otázku legality kosovského zásahu NATO, částečně i legitimity, nebo nakolik se dá vykompenzovat ?neúplnou? nebo ?nedostatečnou? legalitu právní legitimitou.
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