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First instance proceedings on administrative infrantions of legal entities
Bubelíny Černá, Barbora ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
1 Proceeding on administrative offences of legal persons in first instance Abstract: The administrative law represents wide and significantly fragmented area of the law system. There is no doubt the part of administrative law are also rules of administrative punishment including the corresponding procedural regulation. This thesis provides the basic analyses of selected aspects of the legal regulation of the proceeding on administrative offences of legal persons in first instance affective in Czech Republic. The basic source of law in this area is Act no. 250/2016 Coll., on the responsibility for administrative offences and on procedure on it, as amended (in this thesis also referred only as "act on administrative offences"). However, that act is not the only on regulation governing the proceeding on administrative offences. The special partial regulation of proceeding on administrative offences may be basically found in all acts within the area of administrative law which rule the administrative offences. This shall be not considered as exclusive mark of administrative law. The fragmentation, however not so significant is also present in the criminal law. Under the section 5 of the act on administrative offences as the administrative offence shall be understood socially harmful unlawful act which is as...
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Legal regulation of weapons and ammunition in the Czech Republic and implementation of EU regulations
Mach, Jan ; Staša, Josef (advisor) ; Prášková, Helena (referee)
in English The introduction of this thesis explains the basic concepts of the legislative regulation of weapons and ammunition in the Czech Republic and their use in specific cases. This part also briefly presents the legal history of selected institutes of weapons legislation in the Czech Republic with EU law, in particular conditions and possession of weapons, business in the field of weapons and categorization of weapons. The next part analyzes Act No. 288/1995 Coll. again focusing on selected institutes important in the context of the implementation of EU law. The following are comparisons of Council Directive 91/477 / EEC in its original version with Act No. 119/2002 Coll. in the original wording and Council Directive 91/477 / EEC as amended by Directive 2008/51 / EC of the European Parliament and of the Council with Act No. 119/2002 Coll. as amended by Act No. 222/2017 Coll., with an overlap into certain legal regulations. The thesis also describes and analyzes the reasons for the adoption of Directive (EU) 2017/853 of the European Parliament and of the Council, the process of its adoption and the Czech Republic's lawsuit for its invalidity and describes the subsequent proceedings in front of the EU Court of Justice. Due to the lawsuit rejection, Czech Republic was forced to adopt an...
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Expropriation for the purposes of construction of transport, water and energy infrastructure
Sharapaev, Vladimír ; Prášková, Helena (referee)
Expropriation for the purposes of construction of transport, water and energy infrastructure Résumé This thesis deals with expropriation under the regime of Act No. 416/2009 Coll. on accelerating the construction of transport, water and energy infrastructure and electronic communications infrastructure (Act on Acceleration of Construction). The thesis provides an analysis of selected provisions of this Act, evaluates the possibilities of interpretation of questionable provisions and proposes possibilities of de lege ferenda optimisation of the existing legislation. The thesis also responds to the recent amendment to the Act on Acceleration of Construction implemented by Act No. 169/2018 Coll. and analyses the potential impacts of the new legislation on the procedural position of the parties to the proceedings as well as the conformity of the selected provisions of the amendment with the constitutional order. In the first chapter, the reader is acquainted with the notion of expropriation, with the content of this term, the relevant legal regulation and the substantive conditions of expropriation. The following second chapter contains a brief description of the Act on Accelerating Construction and its contextualisation in the terms of historical and political circumstances of its adoption. The third chapter...
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Expropriation for the purposes of construction of transport, water and energy infrastructure
Sharapaev, Vladimír ; Prášková, Helena (referee)
Expropriation for the purposes of construction of transport, water and energy infrastructure Résumé This thesis deals with expropriation under the regime of Act No. 416/2009 Coll. on accelerating the construction of transport, water and energy infrastructure and electronic communications infrastructure (Act on Acceleration of Construction). The thesis provides an analysis of selected provisions of this Act, evaluates the possibilities of interpretation of questionable provisions and proposes possibilities of de lege ferenda optimisation of the existing legislation. The thesis also responds to the recent amendment to the Act on Acceleration of Construction implemented by Act No. 169/2018 Coll. and analyses the potential impacts of the new legislation on the procedural position of the parties to the proceedings as well as the conformity of the selected provisions of the amendment with the constitutional order. In the first chapter, the reader is acquainted with the notion of expropriation, with the content of this term, the relevant legal regulation and the substantive conditions of expropriation. The following second chapter contains a brief description of the Act on Accelerating Construction and its contextualisation in the terms of historical and political circumstances of its adoption. The third chapter...
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Relations between courts and public administration in statutory construction
Fronc, Jaromír ; Staša, Josef (advisor) ; Prášková, Helena (referee)
Relations between courts and public administration in statutory construction Abstract Judicial review of administrative decisions (and statutory construction contained in them) may use divergent standards (strictness). The classical continental concept of administrative justice follows from the notion that courts answer questions of law independently of the administrative body. The goal of the thesis is to cast doubt on this concept and to define situations where it can be considered that courts could be deferential towards the public administration, i.e. leave certain space to the administration for its own interpretation, which the court would accept even though the court itself might not see the interpretation as the best one. The comparative part of the thesis shows that such an approach of administrative courts regarding interpretation made by public administration is not totally rare. That is mainly the case of the United States of America, where in the instance of ambiguous statutes or secondary legislation, the interpretation made by the agency charged with administering the law is rewarded with deference if such interpretation is at least permissible. Czech administrative courts (and the Constitutional Court) also often concede that there is a plurality of equally convincing legal interpretations....
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Juvenile liability for the administrative delicts
Tvrzník, Martin ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
Juvenile liability for the administrative delicts Abstract In my thesis, I deal with juvenile liability for the administrative delicts. The goal of my thesis is to analyze and to evaluate the current administrative delicts legislation and to propose certain measures I would personally take regarding these issues. In the first part, I define some key terms for my thesis, which are liability, administrative delict, age and juveniles. The second part is dedicated to the principles of imposing punishments upon juveniles. The purpose of imposing administrative punishments upon juveniles is so that they would live proper life and so that they would not repeat illegal acts. While imposing punishments upon juveniles, the administrative body must consider many factors, the main goal is so that the punishment would fulfill its educational purpose and at the same time so that it would not disturb juvenile's further development. In the third part, I introduce what differences regarding punishments upon juvenile transgressors are comprised in the current legislation. I am also concerned with the administrative procedures specifics leading to the imposition of punishments upon a juvenile transgressor in this part. In the fourth part, I deal with the specifics of a hearing of an administrative delict with a juvenile,...
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Basic principles of imposing administrative penalties with special regard to the "ne bis in idem" principle"
Mach, Kevin ; Prášková, Helena (advisor) ; Vedral, Josef (referee)
This diploma thesis discusses the topic of the basic principles of offence proceedings, whereas attention is primarily focused on the principle of ne bis in idem (not twice against the same thing). The purpose of this work is to present the key principles that should be applied during an offence proceeding, or during the process of punishment in general. For this purpose I chose the method of analysis, during which I compared a list of individual principles of offence (criminal) proceedings and their content according to individual authors. After establishing that no accord has been reached in this doctrine in regard to which principles should be applied during an offence proceeding, I endeavoured to synthesise these differing opinions by selecting the individual principles on which most authors agree and add additional principles, which should be applied during an offence proceeding in my opinion. On the basis of these selected principles I subsequently created a unique list of the key principles of an offence proceeding, e.g. principles that should certainly be applied during an offence proceeding. I added a brief commentary to the individual principles in order to explain the issue to the reader. On the basis of this list of key principles applicable to offence proceedings I chose the principle...
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First instance hearing of an administrative delict of natural person
Štádler, Jiří ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
First instance hearing of an administrative delict of natural person Abstract Subject of this thesis is first instance hearing of an administrative delict of natural person. It is focused on procedural rules which are provided mainly in Act No. 250/2016 Coll. on Liability for Administrative Delicts and Proceedings on Them. In addition to the act on administrative delicts this thesis analyses subsidiary application of Act No. 500/2004 Coll. Administrative Procedure Code and Article 6 of the European Convention on Human Rights focused on legal status of an accused person. This thesis aims to: define proceedings of administrative delicts; define differences between proceedings of administrative delicts and proceedings of criminal delicts; define individual subjects of proceedings regarding administrative delicts and their procedural rights and obligations focused on rights and obligations of an accused person; analyse individual stages of proceedings of administrative delicts including actions preceding the initiation of proceedings. In accordance with the goals, this thesis characterises proceedings of administrative delicts as a special type of public proceedings in which an administrative body determines guilt of a particular person. It compares proceedings of administrative delicts and proceedings of...
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Basic principles of imposing administrative penalties with special regard to the "ne bis in idem" principle"
Mach, Kevin ; Prášková, Helena (advisor) ; Pítrová, Lenka (referee)
This diploma thesis focuses on the topic of the principles applied during proceedings regarding offences, mainly the principle of non bis in idem, which this thesis focuses on. The non bis in idem principle means that a matter cannot be judged twice, because it is generally accepted that two punishments for the same crime are unfair. This principle is applied in proceedings on criminal charges and because the concept of criminal charges is autonomous according to the European Court for Human rights, i.e. it has specific objective content, I chiefly discussed interpretation of this concept. According to the European Court for Human Rights, in order for the issue to be criminal charges within the meaning of Article 4(1) of the Protocol to the European Convention on Human Rights, the charges must fulfil the so-called Engel criteria, which I have endeavoured to explain to the reader. These criteria were created by the European Court for Human Rights in the case of Engel and Others v. the Netherlands (1976), whereas these criteria were developed before the same court in the case of Bendenoun v. France (1994). These criteria are decisive in regard to whether the issue is criminal charges and whether the guarantees offered by the European Convention on Human Rights must be applied during the proceedings,...
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Proceeding of Action against Decision of Administrative Authority
Kozelka, Pavel ; Prášková, Helena (advisor) ; Mates, Pavel (referee) ; Staša, Josef (referee)
Proceeding of Action against Decision of Administrative Authority Abstract The subject-matter of this dissertation thesis is the analysis of the legislation providing protection to public subjective rights in proceeding of action against the decision of an administrative body defined in Code of Administrative Justice, and assessment as to whether the protection provided to public subjective rights by the legislation is sufficient, including certain recommendations of possible changes. The basic method applied consists of the logical methods in combination with the normative approach, involving a detailed analysis and synthesis of the existing legislation and empirical examination of the offered protection in the problem areas on the basis of past judicial proceedings and also comparison of the discussed concepts with foreign legal regulations. The first model was the "traditional" German administrative justice legislation, which is the legislator's usual source of inspiration. In relation to this issue, one must not also disregard the newly adopted legislation on administrative justice in Slovakia. Even though stemming from the historical roots of the judiciary of the First Czechoslovak Republic, the Slovak approach to a number of concepts is different. The administrative justice system by far exceeds the...
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