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The Criminal Responsibility of Legal Entities
JINDROVÁ, Ivana
The work deals with the criminal liability of legal entities in the Czech legislation. Part of the legislation are clearly explained. It includes the definition of a legal entity, criminal offenses and sancktions that may be imposed on a legal entity. Using the comparison is here compared Czech and Austrian legislation, their similarities and differences. Data obtained from the Supreme Public Prosecutor's Office and the Ministry of Justice show the use of this concept in practice.
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Civil emergency planning in Czech republic and its developement and role within North Atlantic Treaty Organization
POPELÁŘ, Ondřej
The presented Thesis deals with Civil Emergency Planning (CEP) in the Czech Republic and its evolution and role within the Alliance. The theoretical section of the main body focuses on CEP at NATO and Czech national levels. In relation to NATO, this Thesis explains the concept of CEP, its origin and evolution within the Alliance. It describes the course of CEP development as NATO strategy concepts, priorities and CEP aims changed over the time due to changes in political situation. The important point to understand the whole issue is the depiction of tasks to be met by CEP within the Alliance, and the Ministerial Guidance being the primary CEP related document. Five basic tasks applicable from the very first edition of the Ministerial Guidance till now have been described in detail. An integral part of the NATO CEP is the visualisation of the organisational structure which is necessary for understanding the practical portion. The other section of the main body focuses on CEP as designed for the Czech Republic. At this level, the CEP is a methodological tool for management of incident and crisis planning guaranteeing their interaction and preventing duplicities with defence planning. It defines CEP´s areas of interest and it depicts legislative and institutional support. The practical portion is mainly focusing on meeting basic tasks by individual responsible entities working within four basic planning groups. To get the best possible view of tasks fulfilled based on the Ministerial Guidance, the following method has been chosen: main tasks defined by the Ministerial Guidance have been divided into three main parts in compliance with the task categories of the Ministerial Guidance. The tasks are coped with within the four planning groups. The planning groups are then assigned to ministries that are the responsible entities in terms of the Czech Republic. The result is a clear picture showing main tasks of public administration central bodies, and how these tasks are met within the Alliance plus their translation into the terms and conditions of the Czech Republic. The system also shows the history of each task depicting its conclusion or processing in which case it is transferred into the period of the next Ministerial, now Political, Guidance. The discussion analyses the issue of task fulfilment and importance of financial support to the CEP. The discussion concludes highlighting the necessity of interconnection between the national and NATO levels. This is ensured via permanent representatives in CEPC and representatives in individual planning groups. An example of some member nations shows, how the communication between CEP representatives works (or does not work) at various levels. The end of this Thesis evaluates legislative and institutional CEP interlinking of the Czech Republic and NATO. Unlike the institutional interlink, the legislative interlink is insufficient. The system of interlinking underlines the important role of the permanent representative in CEPC and representatives in planning groups. The main part of conclusion is dedicated to the facts resulting from outcomes and discussion giving clue whether the aims of this Thesis have been reached. The system, how the Czech CEP is working, has been found very efficient even in comparison with long-term members like Great Britain or France. Despite its clear quality and efficiency, it would be desirable to integrate the CEP into the legal system of the Czech Republic and thus to achieve its self-contained legal form. This change would not impact the work itself, but it could add to CEP´s political importance. At the end, a positive response is given to the research question evaluating whether the current status of CEP functioning in the Czech Republic is covering the needs of NATO.
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Essentially detailing the basic questions of rental and transfer of ownership of cooperative flat
Vaníčková, Klára ; Oehm, Jaroslav (advisor) ; Salač, Josef (referee)
134 Summary The submitted intensive work consists of an extensively processed subject matter in three chapters and 128-pages of my writing. The contents of which is not only extremely interesting, but also very up-to-date. In the first chapter, I address the subject of companies, essentially detailing the basic questions of lease and transfer of proprietary of cooperative housing. Basic body of laws are "concepts of housing cooperatives" and their types, furthermore "membership" in a housing cooperative and finally concepts of "cooperative housing." In the second chapter, I examine problems that are associated with the "lease of cooperative housing." In the third chapter, I investigate the details concerning the "transfer of proprietary cooperative housing." Special attention is given to the lack of legislation on the subject of "housing unit proprietor associations." In the work I comment primarily on the consequences of the opinions of the judicial court (for example fundamental disagreement with the impact of the assessment of transfer rights and responsibilities of a housing cooperative in relationship to the lease of a cooperative unit.) In the final article III./7.2, I express my reservations to proposed new legislation on proprietary housing. The following list contains reference literature.
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Process of Unification of the Legal Responsibility for Torts in Europe and Its Reflexes in Czech Law
Tůmová Křivohlavá, Petra ; Švestka, Jiří (advisor) ; Dvořák, Jan (referee)
110 Závěr Závěrem lze shrnout, že odpovědnost je nepochybně jedním ze základních pilířů celosvětového společenství, na němž je vystavěna samotná existence lidské pospolitosti, jejích morálních a právních pravidel. V posledních desetiletích sílí nesporně tlak na sjednocení práva, které by umožňovalo zlepšit funkčnost globálního propojení světa.249 Zejména v rámci Evropské unie lze nalézt příklady úspěchů plynoucích z harmonizačního procesu právních úprav členských států. Obdobný cíl si kladou i koncepty PETL a PEL. Ojedinělost předložených návrhů civilní odpovědnosti spočívá zejména v tom, že je vypracovaly dvě na sobě nezávislé skupiny vědeckých pracovníků. Zároveň se Česká republika nyní nachází ve fázi procesu schvalování nového civilního kodexu, jehož případné přijmutí by znamenalo značné koncepční a obtížně revidovatelné změny. Není zřejmě sporu, že nový civilněprávní kodex by měl vstřebat aktuální vývoj, k němuž v oblasti soukromého (deliktního) práva dochází, a tedy i např. zachycovat trendy na celoevropské akademické úrovni.250 Naznačené požadavky na nový soukromoprávní kodex jako celek by samozřejmě měl splňovat i oddíl věnovaný civilní odpovědnosti za škodu. Plánovaná rekodifikace občanského práva v současné podobě bezesporu hluboce zasáhne do samotné podstaty české civilistiky, což je ostatně i...
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The impact of new legal regulation of social services
Pokludová, Jitka ; Šiklová, Jiřina (advisor) ; Holmerová, Iva (referee)
The main topic of diplomma work is the impect of new legal regulation of social services on the institution providing daycare for old peopole. This diplomma work is describing the new law of the social services and it introduces the daily centre for erderly. The work contains research, which is made by interview. The interview was answering on the researching questions about the changes which the law brings to the daily centre. I was asking the employees in the centre, which considers the erderly dementia. The investigation show, that the interviewed agree with the changes of the law. Some of the responsibilities of the law are not acceptable for demented erderly.
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Subsidy fraud in the Czech republic, their detection and legal lability
Štětka, Martin ; Pikola, Pavel (advisor)
My thesis titled ,,Subsidy frauds in the Czech Republic, their revealing and legal responsibility" in its theoretical part describes the legal framework of frauds and subsidy frauds in the Czech Republic. It pays attention in detail to particular Czech laws and compares them with other EU countries legislation.
In practical part of the thesis I have analysed particular criminal acts beig concentrated primarily on types of perpetrators, their motivation and modus operandi. That part of the thesis i also assessing present situation, legislation development and procedures followed by the authorities actice in criminal proceeding within period of time after the Czech Republic joined the EU.
As a conclusion I'm pointing out indispensability of legal responsibility and having a think about future legislation development and changes in actual wording of respektive laws.
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Tenancy spouses and use of the flat spouses in a new arrangement after January 1, 2014
Prantlová, Soňa ; Kadlecová, Eva (advisor) ; Pavla, Pavla (referee)
The thesis is devoted to the topic of tenancy by the spouses, and its use as is specified in the new adaptation of the Civil Code no. 89/2012 Coll. It replaced until functioning Civil Code from the year 1964. The new legislation is specified series of new institutes, whose primary aim is to protect the weaker party, in the case of tenant. The diploma thesis was divided into theoretical and practical part. In the theoretical part, was attention paid to basic concepts which have been defined. There were characterized rights of tenant and landlord, analyzed housing legislation according to the new Civil Code. The practical part was devoted to the interpretation of survey results. There were approached tenants of several apartment buildings in Kralupy nad Vltavou. Based on the findings, were designed some recommendations to raise awareness about the rights and responsibilities of tenants, as well as about the whole issue of housing legally.
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Copyright for audiovisual work and analysis of websites offering audiovisual works
Chrastecká, Nicolle ; Sigmund, Tomáš (advisor) ; Čermák, Radim (referee)
This Bachelor's thesis deals with the matter of audiovisual piracy. It discusses the question of audiovisual piracy being caused not by the wrong interpretation of law but by the lack of competitiveness among websites with legal audiovisual content. This thesis questions the quality of legal interpretation in the matter of audiovisual piracy and focuses on its sufficiency. It analyses the responsibility of website providers, providers of the illegal content, the responsibility of illegal content link providers and legal responsibility of anyone who downloads the illegal content itself. In the end of this thesis the research results are analysed. The practical part of this thesis is devoted to the SWOT analysis of websites providing legal and illegal audiovisual content. The SWOT analysis results support the main idea of this thesis and also give us an outline of possible evolution of the audiovisual piracy. This prediction is mainly focused on the Netflix website. The SWOT analysis and website comparison are based on survey.
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The competition on a passenger car transportation market
Jírů, Michal ; Švarc, Zbyněk (advisor) ; Štěpánek, Petr (referee)
This bachelor thesis analyses newly arose competition on a passenger car transportation market. The main aim of the thesis is to describe this competition by the presentation of concrete services, which are Uber, WunderCar, Liftago, upTAXI and Jízdomat. I also try to appraise the legitimacy of principles, on which these services stand, and to compare main factors of transportation. On these factors I evaluate transport opportunities and benefit of presented services. For better comprehension of the issue there a description and legislation of personal transport and taxi. It results from the thesis, that all presented services are just intermediaries of the transport so they are not responsible for the transport by itself. Drivers, who use these services for offering transport, are responsible for breaking of the rules of passenger car transportation. The main benefits of presented services are: using of new technologies, making this type of transportation more effective and increasing of affordability for passengers.
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Regulation of retailer-supplier relatiohships within the food chain
Mokrejšová, Veronika ; Zadražilová, Dana (advisor) ; Klosová, Anna (referee) ; Zeman, Jiří (referee) ; Vyhnálek, Petr (referee)
This thesis deals with retailer-supplier relationships within the food chain, and with possibilities of their regulation. The aim is to assess the effect of regulation of retailer-supplier relationship, through "Act on Significant Market Power and Abuse thereof" on particular food chain members, and eventually to propose an alternative solution of their regulation. The thesis states the following hypothesis: The Act on Significant Market Power does not change bargaining power between suppliers and retailers. The thesis is divided into five parts. The first of those defines the issue of retailer-supplier relationship, especially the so called "unfair practices". The mind-set of the European Commission which judges the unfairness of a practice, according to its impact on consumer, investment and competition is stressed. When comparing market shares and profit abilities, it is obvious that supplier sector is not disadvantaged in relation to retailing, however, there are cases of small and medium enterprises over which retailers can impose their bargaining power. Retroactive changes and excessive risk transfer on a business partner are then indicated as unfair, which is confirmed by microeconomic analysis. The second part maps means of regulation, through hard and soft law in the EU and its member states with focus on the Czech Republic, where the Act No. 395/2009 Coll., on Significant Market Power in the Sale of Agricultural and Food Products and Abuse thereof is applied. It is found that regulation within the EU is heterogeneous and the results of different regulatory mechanism in different countries differ. The third part talks about self-regulatory possibilities constituted by corporate social responsibility. The main solution of retailer-supplier relationships is represented by stakeholder dialogue, in which contractual parties look for the basis of their antagonistic positions (which are hidden in their interests and needs), and try to identify mutual needs and to create shared value. This approach increases the created value, which is advantageous for both partners, instead of redistributing the value to the benefit of the stronger partner. The fourth part presents the results of a survey conducted among retailers, retailer suppliers and farmers, their opinions about the Act on Significant Market Power, about changes caused by this Act and about particular unfair practices. It was realised that the Act does not help the suppliers very much, in that the bargaining position was improved only with a tiny part of the respondents, and the Act even did not fulfil the role of small and medium sized enterprises protection. The everyday practice of retailer-supplier relationships remains (after changing few legal formulations in the contracts) almost the same as it was before the Act came into force. The only considerable change is shortening the payment period to 30 days; however, there are suppliers that are not content about this provision. The farmers do not feel any consequences of the Act; retailers regard it as business barrier and excessive regulation. Thus, this part confirms the hypothesis. The final part of the thesis proposes a solution to this issue by engaging many stakeholders: the business partners (self-regulation), the State (regulation through general universal act), consumers, non-governmental organisations and media (generating demand for responsible behaviour of firms).
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