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Restrictions on personal freedom in theory and practice
Pouska, Tomáš ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Restrictions on personal freedom in theory and practice Abstract The subject of this rigorous thesis is the connection of the theoretical and practical concept of permissible interference with the personal freedom of an individual in criminal proceedings, with an emphasis on the protection of the fundamental rights and freedoms of the person concerned. The basis of the thesis is the description and more detailed definition of some specific institutes of criminal law, in the form of detention, arrest, detention and imprisonment, which seriously interfere with personal freedom and are directly connected with the imprisonment of persons. The rigorous thesis compares and analyzes the legal embedding of the above- mentioned criminal law instruments at the national and international level with their application in real life practice and points out some fundamental differences that occur when they are used by law enforcement authorities. Attention is primarily paid to the degree of compliance with the guarantees of permissible interference with personal freedom by public authorities, the legitimacy of individual interference and also their adequacy and proportionality in relation to the goal pursued by these means. The rigorous work examines whether these criminal law institutes are applied rationally, whether...
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Liability for environmental administrative offenses
Pouska, Tomáš ; Stejskal, Vojtěch (advisor) ; Franková, Martina (referee)
Liability for environmental administrative offenses Abstract The subject of this diploma thesis is the institute of liability for environmental administrative offenses, which consists of two separate legal branches, namely environmental law and administrative law, which intertwine and form a comprehensive system of environmental protection and its components. The mechanisms of this protection include, in particular, prohibitions and orders for certain conduct, various forms of preventive action and, in particular, instruments of a sanction character. The concept of legal liability, which occurs in several types, is associated with sanction instruments, while in the protection of the environment the most widespread legal liability is tort legal liability, specifically administrative offence liability. This issue is still very topical, as on 1. July 2017 there was a new legal regulation of this type of liability and the anchoring of important institutes, which have so far been inferred only by analogy of law and court case law. The diploma thesis elaborates the theoretical basis of environmental protection and provides a comprehensive view of the fragmented legal regulation of legal liability in relation to environmental administrative offenses. Due to the considerable scope of the topic, the substantive...
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