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Liability for administrative delicts
Hojková, Eva ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This Master's thesis main theme is the liability for administrative delicts and mainly the expiry of the liability for administrative delicts. With the commencement of an act number 250/2016, about the liability for administrative delicts and the proceedings about them, there raised a question about how far this act is complex and unitary. The goal of this thesis is evaluation of the new act and comparison with the old act mainly in the field of the expiry of the liability for administrative delicts. In the second chapter the thesis deals with the development and history of the liability for administrative delicts and with the acceptance of new act. The chapter ends with the sources of the law of administrative delicts. The third chapter is devoted to foundations of the liability for administrative delicts. Reader can find there the basis of the liability of natural persons, legal persons and natural persons who are entrepreneurs and basis about circumstances that exclude the liability. This chapter is the foundation for chapter four which is devoted to the main theme of the thesis - expiry of the liability for administrative delicts. The fourth chapter deals with the reasons for expiry of the liability for administrative delicts. The author introduce and analyze particular problems chained with...
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Development and issues of subjectmatter and territorial jurisdiction in administrative infraction proceedings
Budil, Petr ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The main objective of this master thesis is to provide a view into the development of subject matter and territorial jurisdiction in administrative infraction proceedings as a part of administrative punishment law. The thesis handles this issue in its entirety, that is form its origins up to considerations on the future legal regulation, and, furthermore, analyses the issue into more depth. The thesis relies mainly on legal regulation and relevant literature as its primary sources and is divided into three chapters. The first chapter, firstly, deals with the development of subject matter and territorial jurisdiction in the 18th and 19th century and focuses on the formation of the concept of infraction itself, its division into the categories of administrative and judicial infraction and the gradual obsolescence of the phenomenon of judicial infraction. Secondly, it handles the transfer of subject matter jurisdiction in "judicial" infraction proceedings from administrative authorities to courts and, thirdly, defines the three bodies authorized to conduct administrative infraction proceedings. In the second chapter, the issue of subject matter and territorial jurisdiction in the 20th century is dealt with. Its primary aim is to describe several unsuccessful legislative proposals in the area of...
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Launching medical devices on the market
Dvořáková, Jitka ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
The issue of launching medical devices on the market became more intense in the last few decades in connection to the expansion of the pharmaceutical industry and legal area. This legal area is still mostly undescribed and it stands in the shadow of known and more discussed medical products. Proper legal theoretical analysis is often completely absent. This master thesis aims to complexly describe and analyse theoretical bases of current legislative regulating the launching of the medical devices on the market, including other processes related to this issue. Emphasis is places on the concept of medical device, the responsibility of the manufacturer and the nature of notified body. The author focuses on the subsequent conformity assessment process and process of registration. The process of notification and exemption from this obligation and administrative nature of selected documents. The thesis is divided into eleven chapters and the introductory chapter focuses on a general introduction to the field of pharmaceutical law, namely the regulation of medical devices, including the definition of basic questions in the work under study. The second chapter deals with the analysis of sources of legal regulation of medical devices. The chapter is divided into sources of the law of the Czech Republic and...
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Summary hearing of administrative delicts
Lepáček, Jaroslav ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
This thesis deals with the abbreviated forms of administrative misdemeanour procedure (or summary procedures), which can also be referred to as a special type of administrative proceedings by literature. These proceedings are known as ticket procedure and order procedure. These traditional legal concepts of administrative law were already included in the legal system of Austria-Hungary and later in the legal system of Czechoslovakia. One of the main reasons for regulation of ticket procedure was attempt to affect the offender immediately after the commitment of misdemeanour and thus mitigate the pressure on the respective administrative body. On the other hand, the purpose of the order procedure is to simplify the proceedings regarding offences in cases, where there is no dubiety about the offender. For these reasons, the evidence is not presented and proving of facts and law is absent from both mentioned proceedings. The main legal regulation is contained in the Misdemeanours Act. The Administrative Procedure Code applies subsidiarily. However, other individual subject-matters of misdemeanours possibly fulfilled by offenders are present in special laws, which allow to deal with the offences in ticket and order procedure as well. This thesis is divided into 6 chapters, of which the first one deals...
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Public law context of ownership of a dog
Putík, Miroslav ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
A dog owner does not only have rights, but also (and mainly) a lot of obligations. One of the aims of this work was to look at different areas concerning the ownership (holding) of a dog in relation to the actual public law regulations. Particular chapters reflect possible life situations, which have (especially from a point of view of public law) an effect on coexistence with a dog and (often negative) the impact (penalties) for a dog holder. Thematic areas are addressed, for example, purchasing a dog, his vaccination and other health and life conditions, the possibility of shortening a tail or ears, the admissible conditions and methods that permit the killing of a dog or the conditions and ways to bury a dog. Further mention is made of the possibilities of travelling with a dog (and also abroad), also described are the law regulations of dog fees and the generally binding ordinances of municipalities. Deeper consideration was essential in respect of the areas concerning misdemeanours and criminal offences, which can be commited both on a dog and by a dog (incl. veterinarian demands or animal cruelty). There are follow-up chapters concerning liability for damage and compensation for damage. A part of the work is dedicated to breed specific legislation concerning breeding some (so called "fighting" or...
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Procedure of application for a planning permission
Třešňák, Michal ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
Thesis title: Procedure of application for a planning permission This diploma thesis deals with the planning permission proceedings, which is a proceeding to render the planning permission that is one of all instruments of land-use planning. The aim of this thesis is to cover the planning permission proceedings and to outline problematic aspects that are relevant in legal regulations. Beside relevant legal regulations the author results from literature and jurisdiction above all of the Highest Administrative Court of the Czech Republic. In introduction defines basic terms and subsume the topic into legal context and covers the goals and aims of land-use planning, as well as individual conceptual and realization instruments. In second chapter describes individual types of planning permissions and cases, when they are needed and on the contrary, cases, when it is possible to place projects into land without these planning permissions. Third and the most comprehensive part of the thesis dedicates to the most important institutes of the planning proceedings and analysis actual legal regulation, focusing provisions that can be problematic to apply correctly. Especially deals with the positions of juristic persons as defined in Building act, ways of delivering and proceeding of discussion of civil...
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Clinical trials of pharmaceuticals
Nedvědová, Michaela ; Svoboda, Petr (advisor) ; Millerová, Ivana (referee)
This master thesis is a description of the clinical trial, which is part of medical law un- der the law aspects. This thesis is split to topic, whose a brief outline is in the introduction. Process of the clinical trial and their institutions are discussed under the law and medical aspects. Resources of this thesis are a professional literature, knowledge of experts from pharmaceutical company and my own experience from part-time job in this type of com- panies. Aim of the thesis is to bring more resources and information about that topic to experts and other people who are interested in. This thesis is devided into five chapters. First chapter is speaking about a general insti- tute in the clinical trial. There are listed sources of the law. In the next chapter I deal with the process of the clinical trial from the begining i.e. from the development of a new sub- stance through the clinical trial to the final registration. The chapter about the european law regulation is following. In the fourth chapter I deal with the ethical aspects, which are conected with clinical trial. In that part I emphasised the influence of the international ethical documents. The last chapter is conclusion, where I describe the goal of this master thesis and also I am linking to the opinions of authorities regarding the...
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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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Personal data protection while carrying on business
Hricová, Kateřina ; Kryska, David (advisor) ; Millerová, Ivana (referee)
Personal data protection is only one of many specific fields of administrative law. In everyday life, personal data and their protection are quite wide area that deserves our full attention and it's possible to study it extensively. This diploma thesis deals specifically with personal data protection while processing them. First of all, it defines the right to privacy and the term personal data. Further, it deals with basic legal requirements concerning personal data processing based on Act no. 101/2000 Coll., on the protection of personal data, including transfer of personal data to other countries and its recent development in Safe Harbor principles that are rules for transfer of personal data into United States of America. Besides personal data being a unique tool to distinguish individuals from each other, they are a very useful and valuable tool in business too. Therefore the most common way of personal data processing is while carrying on a business. At the end of this thesis, some specific situations were chosen to demonstrate how entrepreneurs process personal data of their customers and other persons they come into contact with. Then the basic obligations of data processing are analyzed with respect to real situations.
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Powers of municipalities
Mráčková, Jana ; Kopecký, Martin (advisor) ; Millerová, Ivana (referee)
Resüme Titel: Die Zuständigkeit der Gemeinden Das Hauptziel dieser Diplomarbeit besteht darin, die Zuständigkeit der Gemeinden in der Tschechischen Republik zu beschreiben. Die heutige gesetzliche Regelung schließt sich seit 1990 wieder an die ehemals Ősterreichisch-Deutsche kommunale Tradition des gemischten Vollzugs der öffentlichen Verwaltung an. Nach einer nötigen kontextuellen Einführung (in der Form der Abgrenzung des Begriffes der "Zuständigkeit" und in der Form eines kurzen historischen Exkurses des Verlaufs der gesetzlichen Regelung bis zum Jahr 1990), folgt das Kapitel über den übertragenen Wirkungskreis der Gemeinden. Das Ziel dieses Kapitels ist die Verankerung dieser Zuständigkeit innerhalb der Rechtsordnung der Tschechischen Republik, ihre Prinzipien und ihre Funktionieren zu zeigen. Der eigene Schwerpunkt dieser Arbeit ist in den Kapiteln zu finden, die den eigenen Wirkungskreis der Gemeinden beschreiben. Erst beschäftigt sich die Arbeit mit der verfassungsrechtlichen Verankerung und mit dem Vergleich des Rechts auf die Selbstverwaltung in der Tschechischen und Deutschen Rechtsordnung. Danach ist die Konzeption und die eigene Regelung des eigenen Wirkungskreises der Gemeinden in der Tschechischen Republik und in der Bundesrepublik Niedersachsen beschrieben. Der Vorsatz der Beschreibung der...
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