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Legal regulation of firearms
Flax, Lukáš ; Millerová, Ivana (advisor) ; Rajchl, Jiří (referee)
in english: The thesis sets up three main objectives. Firstly to enrich the public debate by verifying numerous historical arguments, which objectivity and relevancy is unclear. Three chapters of the thesis delve in to these matters, presenting cultural, historical and scientific context for evaluating legal regulation in Europe at large. For substantial demography the right to own and carry a weapon is a symbol of their freedom, while the restrictions represent authoritarian breach of their rights. To an extend this thesis verifies this notion based on historical analysis of past czech and czechoslovakian legal regulation. On the other hand presented outcome of sociological research brings up the fact that weapon at the societal level private possession of firearms does not increase the safety of individual citizens. Sociology also offers enlightement on the reasons why we seek to own and carry weapon and why we fear them. Often these reasons are similarily questionable. The second objective was to provide the thesis with prolonged usefulness and utility to the public. Thesis contains extensive exposition of many unclear provisions of our gun law. Practice of the courts, and numerous jurisprudential commentaries and literature were used as resources. To ilustrate the appliacations several...
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Expropriation of real property
Havelka, Rostislav ; Salač, Josef (advisor) ; Millerová, Ivana (referee)
RÉSUMÉ This master's thesis examines the legal institute of "Expropriation of Real Property", i.e. severe interference with the inalienable absolute right to own property, which is guaranteed by the Constitution of the Czech Republic as well as the European Convention for the Protection of Human Rights and Fundamental Freedoms. This thesis concentrates on the basic principles of the institute of "Expropriation", the current legal framework, its comparison to earlier institutes and to the institutes implemented in various EU member states; it also examines current and past court cases and analyses court rulings of all levels of jurisdiction dealing with the subject of "Expropriation". This thesis also comments on the current legal framework, indicates its potential problems and attempts to find a solution taking into account that there is hardly any literature covering the current legal framework and that there have not been many court rulings dealing with this subject in contemporary Czech history, which on the other hand gives enough space for the reasoning of the respective authors covering the given subject. Moreover, given the lack of the aforementioned sources, it is difficult to grasp the subject and come to grips with it properly. This offers a whole range of possible interpretations and differing...
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Legal regulation of the public library system
Koubová, Blanka ; Vopálka, Vladimír (advisor) ; Millerová, Ivana (referee)
Legal regulation of public librarianship Abstract: This diploma thesis focuses on legal regulation of public librarianship. It is divided into two main parts. Part I deals with the actual state of legal regulation in this field. It presents an overview, a detailed analysis and evaluation of all librarianship-related legislation. Following chapters are dedicated to copyright aspects of library services, personal data protection and the institute of obligatory copy. This first part concludes with suggestions where and how the current regulation could be improved. Part II brings historical comparison of three library acts. Czech librarianship was from the very beginning of the existence of independent Czechoslovakia influenced by special legal regulations - library legislation. Fundamental directives, which were adopted in the course of approx. 80 years [Law No. 430/1919 Coll. - The General Public Libraries Act, Law No. 53/1959 Coll. - the Unified System of Libraries Act (Librarian Act) and Law No. 257/2001 Coll., on Libraries and Terms of Operating Public Library and Information Services (Library Act)] were very dissimilar; each addressed the issue differently and from a different perspective depending on the political and social situation of the time. The circumstances under which the particular laws were...
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First-instance proceedings for administrative transressions
Novotná, Martina ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Offence proceedings in the first instance Resumé The offence proceedings are a special type of the administrative proceedings, through which the administrative body adjudicate on the accused of the offence and his guilt and punishment. The purpose of the offence proceedings is to find out solution of a question, if the offence was committed and who is responsible for that. The offence proceedings are regulated mainly in the code no. 200/1990 Sb., Act on Transgressions, and subsidiary in the code no. 500/2004 Sb., Administrative Procedure Rules. Also legal principles are very important and influencing the offence proceedings. The offence is the object of the offence proceedings. The offence according to the Czech legal system is considered as a wrongful act which is injurious to the public as the crime is, but the difference between them is that the offence is less serious than a crime. The participants and the administrative body are the subjects of this type of proceedings. The offences are heard by the administrative body and the administrative body decides on rights and impose the obligations towards the offender. The participants of the offence proceedings are the accused of the offence, the aggrieved party, the owner of the thing, that might be confiscated, and the applicant, who put the petition....
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Proceedings for administrative delicts of legal entities
Hyldebrant, Pavel ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
A heated debate was going on during the past few years among Czech lawyers concerning punishment of legal entities. It culminated as the law on criminal liability of legal entities and proceedings against them was passed. However, this has not solved all the problems of legal regulation of delicts committed by legal entities. The question of reform of administrative punishment remains relevant. The current legislation suffers numerous defects, in particular its incompleteness, which has to be addressed in legal practice by using laws whose primary field of application lies elsewhere; those laws do not address all the peculiarities of administrative punishment of legal entities. While the main discussion is centered on substantive law, proceedings for administrative delicts of legal entities deserve attention as well. My thesis is divided into four parts. The first part briefly outlines the historical development of the proceedings for administrative delicts of legal entities. The second part provides a brief overview of the current state of egislation, focusing on the sources of lw. The third part deals with general principles of law relevant for proceedings for administrative delicts of legal entities, especially the right to a fair trial, as described in the Convention for the Protection of Human Rights...
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Protection of Personal Data
Šolc, Martin ; Millerová, Ivana (referee) ; Kopecký, Martin (referee)
This rigorous thesis deals with the protection of personal data. This is an issue relating to each of us, thereby personal data and its protection becomes very significant legal phenomenon. The thesis includes alongside the initial part, where a concept of personal data and a sense of its protection is described, also treatise on historical development of international law on protection of personal data and on constitutional ground too. The largest part is devoted to the Act on the Protection of Personal Data and its legal regulation of protection of personal data, which is also the main formal source of its legislation. It is followed by the part dedicated to the protection of personal data according to selected special laws. And the last part of the thesis is a treatise on the possibilities of judicial protection. The thesis strives for comprehensive and thoroughgoing analysis of protection of personal data in terms of generally binding legal regulations, and for the identification of weaknesses in the legislation on protection of personal data, as well as for its clear and logical submission eligible also for use of law laymen.
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Fine and other penalties for administrative transgressions
Špotová, Jana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The topic of this thesis is fine and other penalties for administrative transgressions. The thesis deals mainly with various types of sanctions which can be imposed for committing an administrative delict, as well as with facts that have to be considered while imposing a sanction. The first chapter deals with theoretical aspects of the topic, namely with legal liability, definition of the term sanction, the characteristics of administrative punishment as well as the functions of punishment. The second chapter focuses on the basic conditions and rules for sanctioning the administrative delicts. The chapter deals with legislation of sanctions, the rules for sanctioning administrative delicts in terms of time applicability and also with the current system of sanctions. A part of this chapter is dedicated to releasing from imposing a sanction as a possibility of dealing with administrative delicts without the need to impose a penalty. The third chapter contains an analysis of particular types of sanctions. Each sanction is analysed in terms of its nature and purpose, the conditions for imposing them as well as their effectiveness. The fourth chapter pays attention to the comprehensive topic of determination of the type and rate of a sanction. The first part of this chapter provides the description of the...
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Fixing maximum prices, an amount of, and conditions for reimbursing medical drugs
Tetiva, Jan ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
The aim of this thesis is to create an integrated document that presents problems of fixing maximum prices, the amount of and conditions for reimbursement of pharmaceuticals. The thesis itself does not only deal with administrative proceedings in which the maximum prices, the amount of and conditions for reimbursement of pharmaceuticals are fixed, but it also includes description of the price and reimbursement regulation before 1st January 2008. Logically, the thesis can be divided into two parts. The first part presents historical insight into the legislation in effect before the groundbreaking judgement of the Constitutional Court of the Czech Republic, file number Pl. ÚS 36/05, with the supplement of constitutionally legal analysis of the issue of passing the legislation governing individual cases. The second part focuses on the description of the current system of price and reimbursement regulations and the related administrative proceedings. Besides the introduction and conclusion, the thesis consists of five chapters, which are then further divided into relevant subsections. The first chapter defines basic terms, which are frequently used in this thesis, and also the basic categorization of these terms. These terms are pharmaceutical, active substance and medicine. In addition, the first...
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The position and activities of the Czech Trade Inspectorate
Vojtek, František ; Staša, Josef (advisor) ; Millerová, Ivana (referee)
Thesis deals with the position and proceedings of the Czech Trade Inspection (CTI). The introductory chapter discusses the theoretical and general bases associated with the role and activities of the CTI in public administration as a public authority, forms of administrative activities and administrative supervision. Afterwards, the work describes the history of consumer's protection legislation and freely moves in a special section dealing with on the above mentioned theoretical aspects in a practical context. First, it discusses the status of the CTI in public administration and organizational structure including the structure of the particular inspectorates and then powers and authority under applicable law. The following section is devoted to an inspection process systematically as the main activity of the CTI, including the description of the rights and duties of inspectors in its exercise. During the inspection inspectors determine the facts that are recorded in the inspection report, which serves as the main basis for eventual administrative proceedings. This section presents a number of my practical experiences, but also the decisions of administrative courts, which may provide some guidance on how to proceed when revising in ambiguous cases. Furthermore, specific remedies, including...
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Public law aspects of municipal waste management
Chmelík, Václav ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
The thesis called Public law aspects of municipal property management deals with the topic of property management of the territorial self-governing units. The basic units are municipalities and the higher-level territorial administrative units are regions. Municipalities and regions have a legal personality and are public corporations which may have their own property and manage their own budget. Management and disposal of the self-governing units own property and it is one of the fundamental aspects of local government in the Czech Republic. The aim of this thesis is to provide an analysis of the main public law aspects disposition of the property of self-governing units. The thesis is composed of the three sections. The first two sections are focused on the general terms and principles, without which it would be impossible to comprehend more details the disposal of municipal property itself which is discussed in the third section. The first section describes the definition of territorial self-governing units, especially its position as a subject of property rights. There is also described the definition of property and division of property according to the different criteria. The second section deals with the management of municipal property. There are described basic obligations of the...
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