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Principle of the legality of taxation
Šmejkal, Viktor ; Bakeš, Milan (advisor) ; Novotný, Petr (referee) ; Radvan, Michal (referee)
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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Public Law Regulation of the Activity of Insurance Intermediaries
Vostatková, Lucie ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
The purpose of this thesis on "Public Law Regulation of the Insurance Intermediaries" is the evaluation of the current regulation of the insurance intermediaries with regard to the goals of the public-law regulation of this sector. In the first part using the historical overview both in Czech and Europian context I am concluding the grounds and demands standing in the beginning of express formulation of the public interest that the state power should interfere with the insurance mediation sphere. In the following parts there are the selected provisions of the Act no. 38/2004 Coll. Of Acts, on the insurance intermediaries, and their impact on the practical execution of the intermediation activity analyzed. I am emphasizing the mandatory registration made by the state authority as a condition for entering the industry. An attention is devoted to the requirements of the professional ability and to the evaluation of its proper legal treatment with regard to the scope of competence of individual categories of intermediaries. In the last chapter there is a review of the proposed legislation which is currently in progress within the legislation procedure executed.
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The tax system and agreements on the avoidance of double taxation
Halfar, Jan ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
RESUME This thesis deals with taxation analysis in general and with the Czech taxation system specifically, with the respect to the Czech Republic's membership in the EU and the connected legal regulations harmonization. In the end the thesis is focused on the international taxation rules and the related particular treaties on the avoidance of double taxation. In the beginning of the first part, which is more theoretical, a brief characteristic of basic terms like a tax, a taxation system, a division of taxes, direct and indirect, is contained. Then an analysis of its structural components, that means subject, object, tax exemption, tax rate, tax base and taxation period, is included. Functions of taxation - the allocation one, the redistributional, the stabilizational one and the main function of taxation, the fiscal one. And last but not least it deals with taxation principles - equity, efficiency, beneficial effect on the development of economic processes, legal perfection and political transparency, which forms the basis for a stable, uncomplicated taxation system. The conclusion of the theoretical part is dedicated to the tax harmonization, to the list and a brief description of the most important European legal standards and their short analysis. In the part dedicated to the Czech taxation system the...
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The status and activities of the Czech National Bank in the context of European development
Kočová, Olga ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
Title: The status and activities of the Czech National Bank in the context of European development Abstract The aim of this thesis is to analyze the legal status, power and scope of activities of the Czech National Bank as the central bank of the Czech Republic with regard to the historical development of this institution and the development of European legislation. The main part of the thesis is focused on possible impacts of euro adoption in the Czech Republic, mainly the impact on legislature, the status and activities of the Czech National Bank. Introductory chapters focus on the historical development and institutional framework of central banks in our country, followed by the description of the main features of the Czech National Bank, with a focus on monetary policy, regulation and supervision of financial markets. The last two chapters deal with the issue of the European Monetary Union, the adoption of the common European currency and the fulfillment of the convergence criteria in the Czech Republic. Keywords Czech National Bank, European Economic and Monetary union, monetary policy and euro
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Financial market supervision
Balvínová, Helena ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee) ; Dřevínek, Karel (referee)
This thesis deals with supervision over the financial market and its legal framework. I chose the topic because I have always been interested in the issue concerning the financial market. This thesis enables readers to get familiarized with the current situation of the financial market supervision in the Czech Republic, European Union and three member states of European Union, i.e. United Kingdom, France and Slovakia. The Chapter One is an introduction to the theme. The second chapter deals with the basic terms used in the thesis as financial market, supervision, inspection etc. It is a theoretical part of the thesis. The third chapter examines relevant legislation of the European Union and it is dedicated to the EU financial supervision. A new structure for EU financial supervision was agreed in 2010 following the adoption of the de Larosière report in November 2008. At the beginning of 2011 the European Systemic Risk Board (ESRB) and three European Supervisory Authorities (ESAs) were established. The purpose of the new structure is to ensure effective surveilance of the EU financial market. The ESRB is responsible for monitoring and assessing potential threats to the stability of the financial system. It can issue risk warnings when necessary, and can make recommendations for remedial action,...
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The financial market and its instruments
Aldorfová, Markéta ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
The legal regulation of the financial market and its instruments has become increasingly important for both the economy and the financial system. In view of the globalization of the financial markets, a local stock-market crash might exert a strong influence on the social as well as economic life all over the world. Therefore I have decided to analyze the topic of financial market and its instruments in my thesis. The goal of my thesis is to analyse the legal regulation of securities, financial instruments and derivatives in order to illustrate provisions leading to ambiguous interpretation and to examine the possibilities for improving the current legal regulation. Finally, the thesis is aimed at as well highlighting the recent development in the supervision over the financial market. In my thesis, I have used qualitative research methods, especially analysis and synthesis. A comparative method is used in order to find out whether the Czech legislator could draw inspiration from foreign legal regulation. The thesis is composed of five chapters, each of them dealing with different aspects of the financial market and its instruments. Chapter one is introductory ant it is concerned with the term of financial market and its segments. It is followed by the enumaration of the financial market...
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The Czech National Bank, its legal status and scope of activities
Kočová, Olga ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
Title: The Czech National Bank, its legal status and scope of activities Abstract The aim of this thesis is to analyze the current status of legislation of the Czech National Bank, its content operations and powers with regard to the historical development of this institution, focusing on the banknotes and coins, monetary policy, financial stability, financial market supervision and possible impacts of euro adoption in the Czech Republic. The first part of the thesis will be devoted to the historical development and fundamental characteristics of the Czech National Bank as the central bank and its organizational structure, management and independence will be determined as well as the objectives pursued. The following chapters will deal with particular areas of activities which the Czech National Bank practices in accordance to its primary objective. More detailed focus in the thesis is on the emission function, the conduct of monetary policy and its instruments, analysis of financial stability and supervision of individual financial market segments. The last part of the thesis will be devoted to the issue of adopting the common European currency in the Czech Republic and to the changes which would be connected to that currency adoption. Keywords Czech national bank, central banking, monetary policy,...
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State supervision over financial activities in the European Union
Michalec, Filip ; Bakeš, Milan (advisor) ; Novotný, Petr (referee)
Main purpose of this thesis is to compare the financial supervision methods chosen in particular countries and to analyze contemporary and past legislative developments regarding the financial supervision over financial activities in the European Union. This thesis also analyzes method of financial supervision chosen in the Czech Republic with respect to financial supervision methods used in different countries and current legislative developments regarding the financial supervision over financial activities in the European Union.
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Czech national bank, legal status and content of activity
Semecký, Petr ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee) ; Karfík, Zdeněk (referee)
disertační práce Petr Semecký Česká národní banka, právní postavení a náplň činnosti 5 Abstract A. Objectives The main goal of the dissertation "The Czech National Bank, legal status and content of activity" is to quantify, qualify and draw as exact as possible conclusions about some aspects of the development, status and activities of the Czech National Bank in the future. To solve this task, the author has used in the introduction of this work three following key questions: 1. What are the implications for the Czech National Bank of the new bodies supervising the financial markets at european level? 2. What are the benefits and negatives of adopting the euro for the Czech Republic and should the Czech Republic actually join the European Monetary Union? 3. What impact will have the amendment of the Capital Adequacy Directive (the "Basel II") on the activities of the Czech National Bank? B. Methods By creating this work was used a wide range of research methods to ensure that there will be drawn conclusions with the best possible informative value. It is possible to mention particularly the method of recherche, abstraction, comparison and synthesis. C. Sources As the most important sources used by creating the work can be mentioned ecpecially, scientific publications, monographs, articles published...
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The Czech National Bank, its legal position and scope of activities
Čechová, Jana ; Bakeš, Milan (advisor) ; Kohajda, Michael (referee)
This thesis uses the available resources to analyze the current legal status of the Czech National Bank. Key parts of the thesis include chapters relate to monetary and economic policy and CNB trades as well as to the emission activity. The later chapter includes description of the legal tenders and its protective elements. The thesis also includes description of the legal aspects of the central bank's role and position with a particular emphasis on the recent accession of the Czech Republic to the European Union and contemplated introduction of Euro as the new Czech currency.
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