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Criminal protection and liability of public officials
Kostelanský, Ludvík ; Vokoun, Rudolf (advisor) ; Šámal, Pavel (referee)
The criminal protection and responsibility of persons in authority The topic of this thesis is the criminal protection and responsibility of persons in authority. Owing to the fact that since 1/1/2010 the new penal code has come into effect, the aim of this thesis is to analyse the new legislation of issues in question comprehensively, and to compare this new legislation to the protection and responsibility legislation of persons in authority, which was included in the preceding penal code. Primarily, my general interest in criminal law and also the awareness that particularly the definition of persons in authority was shifted, compared to the older definition of public agents, were the reasons for me to choose this topic. The reality of the person in authority definition shift unquestionably deserves attention and a proper analysis. The thesis is divided into five chapters which - as a whole - should provide a complex description of the criminal protection and responsibility of persons in authority. The first chapter deals with historical contexts of the criminal protection and the responsibility of persons in authority in our territory, refers to the main developmental turning points and tries to compare them to current legislations. The second chapter is focused on the analysis of defining a person in...
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Usury
Sedlmajerová, Tereza ; Moravec, Tomáš (advisor) ; Kostelanský, Ludvík (referee)
This thesis focuses on the analysis of usury as a negative social phenomenon from the perspective of Czech law in the Czech courts. It is mainly focused on examining this issue in a broader context. There is a comparison of usury contained in the new Civil Code modifications as the Criminal Code. Lastly, the thesis aims to determine whether the current legislation of usury is sufficient, or not, and then propose any possible amendments.
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Enforcement proceedings - selected issues
Radnotyová, Nikol ; Moravec, Tomáš (advisor) ; Kostelanský, Ludvík (referee)
The subject of this bachelor thesis are the two latest amendments to the Code of Enforcement Procedure adopted in the year 2015, their impacts on the legal practice and analysis of the legislation preceding and succeeding the adoption of the amendments. The main goal of this work is to examine whether the above-mentioned amendments helped to streamline recovering of debts, to increase the legal protection of debtors and their spouses and whether the amendments have led to increased creditor protection compared to the previous legislation. The work is divided into two parts, each of them is concerned with one of the Code of Enforcement Procedure amendment respectively Code of Civil Procedure amendments.
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Criminal protection and liability of public officials
Kostelanský, Ludvík ; Vokoun, Rudolf (advisor) ; Šámal, Pavel (referee)
The criminal protection and responsibility of persons in authority The topic of this thesis is the criminal protection and responsibility of persons in authority. Owing to the fact that since 1/1/2010 the new penal code has come into effect, the aim of this thesis is to analyse the new legislation of issues in question comprehensively, and to compare this new legislation to the protection and responsibility legislation of persons in authority, which was included in the preceding penal code. Primarily, my general interest in criminal law and also the awareness that particularly the definition of persons in authority was shifted, compared to the older definition of public agents, were the reasons for me to choose this topic. The reality of the person in authority definition shift unquestionably deserves attention and a proper analysis. The thesis is divided into five chapters which - as a whole - should provide a complex description of the criminal protection and responsibility of persons in authority. The first chapter deals with historical contexts of the criminal protection and the responsibility of persons in authority in our territory, refers to the main developmental turning points and tries to compare them to current legislations. The second chapter is focused on the analysis of defining a person in...
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Insolvency crimes
Kňourková, Ivana ; Moravec, Tomáš (advisor) ; Kostelanský, Ludvík (referee)
This thesis deals with insolvency crimes. The aim of this thesis is to evaluate the adequacy of the legal provisions of the Criminal Code. Examined criterion is to confirm or refute the hypothesis that the criminal law should be used as a tool to sanction very serious crimes. The work is divided into four chapters. The first chapter describes the basic concepts of substantive criminal law. The second chapter focuses on the interpretation of terms related to insolvency crimes. The third chapter deals with individual bankruptcy crimes. The fourth chapter deals with bankruptcy crime committed on the territory of the Czech Republic, the end of the chapter is devoted to the evaluation of the adequacy of the legislation.
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Violation of environmental standards by companies based in the EU
Ambrušová, Tímea ; Grmelová, Nicole (advisor) ; Kostelanský, Ludvík (referee)
In this bachelor thesis are discussed in detail selected types of pollution - air and soil pollution. The work mainly focuses on two currently most socially debated environmental cases: 1) excessive production of emissions via vehicles manufactured by Volkswagen 2) the use of harmful chemicals in agriculture by Monsanto The thesis stresses the need to protect selected areas of the environment. It analyses the causes of the origin and also the development of given affairs. Then it seeks eventual solutions of the problems. The first chapter contains a theoretical concept of the issue - a brief chronological overview of the development of standards and a description of the bodies of the European Union in relation to the protection of the environment. The second part defines the protection of air from a broader perspective, and then specifies the car case more in detail. The third part focuses on soil conservation - on the general analysis of the issues, but also on specific points of the selected case.
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Public auctions and court distrainers auctions
Ondráček, Tomáš ; Štěpánek, Petr (advisor) ; Kostelanský, Ludvík (referee)
A creditor has the possibility to settle a claim not only with the help of a court distrainer, but also with a system of public auctions. In my opinion, the first option is much more used because the public does not know the advantages of public auctions. In my bachelor's thesis I compare the public auctions under the Act on Public Auctions to the court distrainer auctions under the Civil Procedure Code and Execution Procedure. In the first and second part I describe both auction systems. In the other part I highlight the major differences of both systems. In the last part I assess chosen elements, explain the advantages and disadvantages of both systems and suggest possible modifications for greater effectiveness of the auctions.
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Schengen System and Current Issues of its Realization
Klesnil, Jan ; Grmelová, Nicole (advisor) ; Kostelanský, Ludvík (referee)
The aim of this diploma thesis lies in detail description of the whole Schengen system including its links to the general EU legal framework and in critical analysis of selected issues that the Schengen system is currently facing. The first chapter of the thesis deals with a general legal framework of the free movement of persons and the area of freedom, security and justice. The second chapter is devoted to the formation, development, actual legal framework and territorial scope of the Schengen system. Further there is a detail description of schengen cooperation with emphasis put on the protection of external borders and FRONTEX agency. By using a journal articles and relevant case law of the Court of Justice of the EU the third chapter is aiming to analyze selected issues of realization of Schengen system and to name its current challanges.
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Insurance fraud
Kabátová, Kateřina ; Moravec, Tomáš (advisor) ; Kostelanský, Ludvík (referee)
This bachelor thesis is about Insurance fraud and is therefore divided into three chapters. FIrst chapter is dedicated to property criminal acts in general. Two major problems this chapter deals with are: law explanation of property and facts of the case. Second chapter adresses to the insurance fraud. In the begining of this chapter is included the introduction to insurance fraud and after that in the last chapter there are more concrete informations about how this fraud is recognized, how it is investigated, by who and how can we prevent our society from dealing with such frauds.
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Framework Contracts and General Terms and Conditions
Koukalová, Simona ; Moravec, Tomáš (advisor) ; Kostelanský, Ludvík (referee)
The thesis deals with the meaning and use of so-called the framework agreements and general business conditions in contracts in business relations between entrepreneurs. Besides the initial issues related to legislation and the ways of concluding agreements in the new Civil Code, no. 89/2012 Coll. Attention is paid to the interpretation of the meaning and practical application of the concept of so-called framework agreements as a specific type of unnamed contract, with an emphasis on so-called general purchase agreements and distribution agreements. This work then provides analysis of the importance and forms of use of general terms and conditions, which are in the nature of indirect and secondary contractual arrangements, both in terms of the overall framework of contractual relations (long-term business cooperating parties), as well as the determination of specific parts of the content of individual contracts. Particular attention is paid to the possible application of more general business conditions in the contract as part of a new way of solving the so-called "battle of the forms", and related commercial and contractual risks. The forgoing is the setting for the object of this thesis, which is to confirm or refute the hypothesis that the new modification of obligations, and especially general business conditions, in the business environment brought major legal uncertainty and confusion. The conclusion is devoted to the problem of the hierarchy of the advantages of both the use of framework agreements and also general business conditions and individual contracts, as well as specific issues of the use of framework agreements and the general conditions in international trade.
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