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The Issues of unlisted Sources of Air Pollution according to the new Air Protection Act
Trnková, Zuzana ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
Diploma thesis focuses on air protection, especially on the issues of unlisted sources of air pollution according to the czech Air Protection Act. It aims on small stationary sources of pollution that are subject to a softer regulation then huge polluters. Important group of small stationary sources are boilers used in homes to heat them up. In the case, that the operator of the sources does not fulfil his/her responsabilities according to the Air Protection Act, he/she can cause damage to the environment and endanger neighbours health. But because of the right of privacy it is not possible to control the source. The paper analysis the possibilities to resolve the dilemma between three constitutional rights - right of privacy against right to a favourable environment and right to the protection of health. Powered by TCPDF (www.tcpdf.org)
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Legal protection of the ozone layer
Večeřa, Roman ; Žákovská, Karolina (advisor) ; Humlíčková, Petra (referee)
The aim of this thesis is to describe the complete view of protection of the ozone layer. Therefore, it contains information about international, european and national legislation in this area. In addition, international legal aspects of climate change are mentioned. Finally, both ozone regime and climate change regime are compared. The author pays attention to the advantages and disadvantages of legal instruments and tries to find ways how to use ozone legal instruments in climate protection.
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Establishment and Termination of Ownership Right to Land in Light of the New Civil Code
Drábková, Michaela ; Žákovská, Karolina (advisor) ; Franková, Martina (referee)
This rigorous thesis deals with possible ways of establishment and termination of ownership right to land under Act No. 89/2012 Coll., the Civil Code, as amended, in relation to Act No. 40/1964 Coll., the Civil Code, as of 31 December 2013, and certain other aspects connected therewith. After brief analysis of underlying terms, specific features of land (land plots, respectively) and their influence on ownership right are determined. The following part of this thesis is focused on individual ways of establishment and termination of ownership right to land. This part is based on Section 132 of Act No. 40/1964 Coll., which distinguished acquisition of ownership right on the basis of an agreement, inheritance, decision of state body and other legal reasons stipulated by law. The following part of this thesis also briefly analyzes aspects of cadastral registry and entries therein. The last part of this thesis contains a summary of relevant conclusions.
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Legal Protection of Inanimate nature
Hynčicová, Kateřina ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
This thesis comprehensively analyse the issue of legal protection of inanimate nature. The thesis analyses the legal protection of inanimate nature only by Czech law and the primary source of this thesis is the Act No 114/1992 Coll., on the Protection of Nature and Landscape. The thesis is divided into two parts. The first part of thesis focuses on the specific legal protection of particular elements of inanimate nature in the Czech Republic, such as caves, paleontological resources and mineral resources. In this part, thesis analysis how these elements are protected by the law and how effective this protection is in practice. The second part of thesis focuses on territorial protection legal tools in the context of inanimate nature protection in terms of both general and special legal tools. It analysis legal protection of significant landscape elements and landscape character as well as inanimate nature protection through regulation of specially protected areas including Natura 2000 European protected areas. In this context the attention is also paid to protection of inanimate nature elements as protected habitats of animals and plants and their importance for the conservation of biodiversity. In addition to the comprehensive analysis of legal protection of inanimate nature in the Czech Republic...
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Integrated pollution prevention and environmental protection
Bareš, Andrej ; Žákovská, Karolina (referee) ; Humlíčková, Petra (referee)
Thesis describes the latest legislation of integrated pollution prevention and control effective in the Czech Republic after 19 March 2013 including relevant European Union law especially Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control). First two chapters deal with the sources and principles of integrated pollution prevention and control (hereinafter only "IPPC"), focusing on the principle of a comprehensive approach to the environment and its integrated protection, the principle of prevention and on public involvement in the IPPC permit procedure. The fourth chapter explains selected basic terms of IPPC, such as installation, permit and Best Available Techniques (BAT). In the field of BAT thesis deals with the new status of the Reference Document on Best Available Techniques (BREF) in the IPPC permit procedure, with the procedure for the drawing up and reviewing of BREFs, with their structure and with the exchange of information on BAT. The fifth chapter classifies the IPPC permit procedure into the overall process of implementation of the plan and defines its relationship to the environmental medium Acts. The sixth chapter defining the subjects of proceedings evaluates the rules of...
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Legal regulation of air pollution on municipal level
Dvorská, Michaela ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
The thesis deals with the legal regulation of air protection on the municipal level. It is focused on providing an overview of legal instruments which are available on the municipal level, as well as the evaluation of their sufficiency and efficiency and point out the most significant instruments and some shortcomings of recent legislation. Some chosen instruments embodied in Czech law are compared with relevant German regulation. Also some specific, arguable constitutional aspects are taken in consideration and evaluated. The thesis provides a comparison of the old and the new Act on the Protection of Air at the field of interest.
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Legal principles of environmental protection
Kučerová Tvardíková, Tereza ; Damohorský, Milan (advisor) ; Žákovská, Karolina (referee)
The main purpose of this thesis is to analyze and discuss different aspects of six selected environmental legal principles and to describe their role in three legal systems: international law, EU law and the Czech law. The chosen principles are: complexity and integrity principle, prevention principle, precautionary principle, access to information and public participation principle, and liability principles including polluter pays principle. The thesis is divided into three main chapters. Chapter One is introductory, defines legal principles from several points of legal - theoretical view and sets basic terminology used in the thesis. Chapter Two focuses on environmental law in its entirety and consists of two parts. The first one describes the system of environmental law and the role of legal principles within, part two enumerates environmental principles expresse d, explicitly or implicitly, in legal theory and crucial documents. Chapter Three is a key part of the thesis as it examines fundamental selected environmental principles in six separate sub-chapters. Each principle is firstly defined and its genesis, importance and significance described , then the author examines legal documents (including court decisions) to show how the given principle behaves in International, European and Czech Law.
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Restrictions of the land ownership (causes and legal forms)
Kratochvíl, Jan ; Franková, Martina (advisor) ; Žákovská, Karolina (referee)
In the context of efficiency the new legislation particularly of the private law and also within the changes regarding public law this thesis attempts to substantiate and specify various forms of restrictions of land ownership. It also deals with the specification of causes that lead to these restrictions and emphasize the nature of ownership. Emphasis is besides explaining of necessary legal concepts devoted also to the analyse new legal principles, institutes and provisions as well as their impact on the regulatory environment. According to the factual division the thesis analyzes and explains by the existing and new legislation selected restrictions of land ownership within the private and public law. Evidence of these various restrictions and even the potential harm compensations also have their importance, and are therefore also in the thesis included.
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New legal regulation of the protection of air quality
Drastíková, Lenka ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
The theme of the theses is the new legal regulation of air quality protection in Czech Republic, which is mainly represented by the Act no. 201/2012 Coll. on Air Protection. The opening chapters deal with the definitions of the basic terms in this legal area, the characteristic of the main air pollutants and the development of the air protection legal regulation in Czech Republic. The treatise on the new legal regulation is divided by the legal instruments of air quality protection - the individual chapters deal with conceptual, administrative-legal and vindicatory, economical and specific instruments. The final chapter contains the summary of the major changes and the evaluation of the new legal regulation.
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Nuclear waste deep repositories in the law
Kasl, Jakub ; Humlíčková, Petra (advisor) ; Žákovská, Karolina (referee)
The thesis deals with nuclear waste deep repositories in the law. With exception of long- term storage the nuclear waste deep repositories represent the only technical solution currently available to deal with the increasing volume of highly radioactive waste and spent nuclear fuel. The planning and construction of nuclear waste deep repository entails number of problems and challenges, both from technical and legal perspectives. The thesis aims to describe current legislation regarding the management of radioactive waste and spent nuclear fuel within the territory of the Czech Republic with a particular focus on planning and construction of a nuclear waste deep repository. There is step by step described procedure of planning and constructing a nuclear waste deep repository under the current legislation. Within this description the author evaluates the current legislation and identifies its major issues. Subsequently, the author reflects on the cause of these issues and proposes their solutions.
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