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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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Sanctions for administrative delicts and protective measures
Michalička, Martin ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Sanctions for administrative delicts and protective measures Abstract The focus of this thesis is on the phenomenon of administrative punishment. Its purpose is to summarize certain important aspects connected with the imposing of administrative sanctions and to present the classification of administrative sanctions. Thesis is bases on the current doctrine of administrative law and judicial decisions of administrative courts. It characterizes terms of sanction and punishment as understood by law and particularly in the sphere of administrative law, with notion to differences between court and administrative crimes. Thesis further analyses administrative punishment based on its purpose and summarizes the theoretical concepts, which are attributable to the purpose of punishment in criminal and subsequently in administrative law. It identifies preventive and repressive functions of administrative punishments as two most widely applicable functions. Classification of administrative punishment is described and assessed. This classification is based on the classification of administrative crimes. Sanctions connected to each kind of administrative crimes are mentioned. As the most common administrative sanction is fine, therefore most attention is focused on this sanction. Thesis also mentions some of legal...
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Preservation and buildings
Vodičková, Drahomíra ; Staša, Josef (advisor) ; Millerová, Ivana (referee)
The goal of the submitted thesis, "The Monument Protection and Buildings", is the presentation of current legislation on protection of cultural monuments, buildings specifically. After an introduction, containing the goals of the work, a brief history of conservation and resources, follow the chapter explaining the basis terms. The next part includes the question of the declaration of buildings as cultural monuments. The following chapter deals with the care of monuments, especially with the obligations of the owners of the cultural monuments to provide a proper care for these buildings, with the consequences of violation of those obligations and penalties according to the State Monument Act. At the end, the process of cancellation of declaration as a cultural monument is presented, and so is the removal of building. The last part describes the legislation on protection of buildings which are not cultural monuments, but they are situated in a protected area.
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Administrative infraction proceedings: selected issues of the first instance proceedings
Richtr, Aleš ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Resume This thesis deals with the first degree offence proceedings. Taking into consideration a large extent of the topic, the thesis is focused just on few of the most important institutes. Besides a short definition of the basic terms and their contents, the thesis aims its attention to sources in which an adjustment of offence proceedings on international as well as national level is included. Especially European Convention on Human Rights and activity of European Court on Human Rights (ECHR) that is connected to the Convention are important elements in the system. On the basis of ECHR's autonomous interpretation of the term "criminal charge", many fundamental rights formerly designated only for criminal proceedings have been applied within the field of administrative sentencing as well. This dissertation follows up in detail some decisions of the court, its argumentation and considerations that lead to its final conclusion. A signifiant role in this field plays Recommendation of the Committee of Ministers of Council of Europe no. R (91)1 on Administrative Sanctions in which ten basic principles are defined. These principles protect basic rights of a defendant and should be guaranteed during offence proceedings by the state. Then, main sources of the treatment of this area on the internal level are...
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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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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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Obstructions connected to the right to information
Tuláček, Michal ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The master thesis's topic are obstructions connected with the execution of the right to information, both by obligated entities as well as by information requestors. The right to information is a political right anchored in the Charter of Fundamental Rights and Freedoms and also in the international contracts stipulating human rights. Its definition is relatively wide, but not unlimited, because next to it from constitutional order flow other rights, freedoms or legitimate national interests, with which the right to information can be in conflict. In particular, it is concerning the law on protecting privacy or the national interest for protecting secret information, whose disclosure could endanger the national safety. The right to information can collide with other rights, freedoms or interests, therefore can be rightfully restricted and it is possible not to provide the requested information. However, such a restriction has to be anchored in the law and must be proportional and essential to the protection of rights and freedom of others, national safety, public safety, protection of public health and morals.in a democratic society. In reality, the right to information is restricted also for reasons unforeseen by the law. The right to information is nonetheless incorrectly executed even in cases of some...
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