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Delictual liability of legal persons in environmental protection
Johnová, Markéta ; Stejskal, Vojtěch (advisor) ; Snopková, Tereza (referee)
This thesis deals with both categories of delictual liability of legal entities within the environmental law. The aim of this thesis is the analysis of the terms of delictual liability of the legal entities and evaluation of the effective legal regulation with emphasis on the environmental protection. Legal entities in the Czech Republic are subjects of administrative liability for a long time, while criminal liability was set by adopting the act of No. 418/2011 valid from 1st January 2012, dealing with criminal liability of legal entities and its related proceedings. The thesis is divided into five chapters. The first chapter describes the basic terms which this thesis works with and are necessary for understanding the issue, such as environment, environmental law, legal liability and legal entities. Second chapter deals with sources of law, firstly national law, then EU legislation and at the end international law. The third chapter is focused on administrative liability, its institutes and its formulation in chosen environmental acts. Chapter four of this thesis characterises criminal liability, describes its historical development, the current conditions and characteristics of individual environmental crimes, which legal entities can commit. At the end of the both chapter three and four there...
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European and Czech Atomic Law in the Context of Energetic Law and Environmental Law (Rennaissance or Declaine)
Klobouček, Eduard ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Tomoszková, Veronika (referee)
European and Czech Atomic Law in the Context of Energetic Law and Enviornmental Law (Rennaissance or Declaine) Abstract This dissertation thesis deals with recent developments in atomic law in the Czech Republic, the European Union and in international field. In the Czech Republic, the new Act No. 263/2016 Coll., The Atomic Act, which became a public codex of atomic law, is a legislation that encompasses nuclear safety, radiation protection, radioactive waste management, shipments of nuclear materials and other radioactive sources, security of nuclear materials and nuclear facilities, radiation emergency management, radiation monitoring and non- proliferation of nuclear weapons. Atomic Act replaced the old Act No. 18/1997 Coll. in which only civil liability for nuclear damage remained in force. At European Union level, a serious development can be observed lately, when new directives have been adopted to regulate radioactive waste management, nuclear safety and radiation protection. Recently, the Convention on Supplementary Compensation for Nuclear Damage and the Annex to the Convention on the Physical Protection of Nuclear Material has entered into force internationally. The new Atomic Act attempted to respond to these European and international documents and to implement and transpose their demands into...
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Legal regulation of hunting management
Pečinka, Jan ; Stejskal, Vojtěch (advisor) ; Snopková, Tereza (referee)
The goal of the submitted thesis: "The legal regulation of hunting and gamekeeping" is to evaluate the hunting legislation in the Czech Republic and to propose possible solutions leading to eliminate their lacks. The thesis describes the development of hunting law from 16th century up to the present, including EU legislation and international conventions on the environment related to hunting. It compares also hunting legislation in the Czech Republic and the Slovak Republic.
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Delictual liability of natural persons within environmental protection
Vebr, Tomáš ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
10. Resume The main goal of this thesis was to demonstrate importance of protection of the environment. Natural environment is the fundamental presumption of the next evolution of human population. But people have not taken it seriously and damaged the environment. In present time, the effective protection of the environment is unthinkable without resources of law. There are various forms of applied protection: economic, educational, technical, scientific and, last but not least, law. The basic aim of all legal forms of environment protection is the prevention of pollution, environment harm and natural restitution . Liability plays very important role among the legal means. Law is the effective form of protection, which includes sanctions and lucid indication of consequences for infringement of rules. Liability of natural persons plays among the legal means the specific role. Nowadays, the main burden of regulation is in administrative law, but to the future it is advisable to delegate the main burden to criminal liability of persons. There is the need to involve the enterprises into liability too. The regulation of liability in administrative law in the field of Czech environment law is very broad, disunited and not codified. Opposite this, the criminal liability is codified in one legal enactment, penal...
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Legal regulation of hunting management
Kolmanová, Lenka ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee)
The purpose of my diploma thesis is to analyze the hunting legislation in the Czech Republic. The legislation regulates the hunt and game keeping as one part of the environmental law. It is also closely connected to administrative law. This thesis consists of eight chapters. First two chapters provide an introduction to historical traditions, principles and development of Czech hunting legislation. The Czech Republic is a member of the European Union, so the third chapter deals with the hunting legislation in the international and European context and describes the international cooperation between states. The most important international organizations protecting wildlife are also mentioned. The fourth chapter contains the analysis of the effective Hunting Law. This chapter provides legal definitions connected to game management and the division of the wild game. Divided into eight parts it describes the main areas of the hunting legislation. It focuses on the use of the hunting plots, rights of landowners, protection of game management and wild game. It also regulates liability of the owners of hunting plots to damages, criminal liability and liability according to the administrative law. Liability of the state for damages caused by especially protected animals is also regulated. This chapter...
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The protection of international watercourses
Janoščíková, Markéta ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
Protection of International Watercourses The purpose of the Thesis is to analyze the present degree of the protection of international watercourses and to describe three main levels: international law, European law and Czech law. Although the issue of environmental protection and sustainable use of international watercourses is considered to be one of the most significant problems of the present society, the topic has been rather neglected by Czech scholars. Analytical, logical and historical methods were primarily applied in the study. The thesis is composed of four chapters, which are furthermore divided into sections and subsections. The term "international watercourses" usually designates rivers, lakes and groundwater sources shared by two or more states. Chapter one deals with international customary law (especially equitable utilization and no harm principle), international treaty law (global and regional cooperation as well as non- binding documents) and selected major cases important for the evolution of protection of water. In the past, international water law concerned mostly with allocating water supply between riparian states. Nowadays the law concentrates more on permissible uses of watercourses and preventing pollution of freshwater resources as well as water ecosystems. The second...
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Legal regulation of the disposal of genetically modified organisms
Musílková, Jana ; Stejskal, Vojtěch (advisor) ; Žákovská, Karolina (referee)
Legislation of genetically modified organisms treatment This thesis deals with the problems of genetically modified organisms (GMOs), especially with the legislation that governs handling them, including international conventions, community law as well as Czech law. At first, an outline of the term GMO is sketched, continued by the description of its use, possible risks and their mitigation. A genetically modified organism (GMO) is a viable organism whose genetic material has been altered using genetic engineering techniques for the sake of obtaining new desired properties or eliminating undesired ones. GMOs have widespread applications. They are used in biological and medical research, production of pharmaceutical drugs, experimental medicine and, especially in agriculture and food production. They may have many advantages such as resistance against herbicides and insects and high nutrition content, but they use of GMOs may possess risks as well. The concern about the harm to human health or the environment revolves around disputed or unavailable evidence on the risk posed by GMOs. GMOs also provoke a complex range of ethical, political and socio-economical changes. That's why it seems be necessary to regulate it legally to reach peace in this area. Two different attitudes to GMOs have evolved. The first...
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Legal instruments of territorial protection of nature in the CR and Federal Republic of Germany
Růzha, Filip ; Stejskal, Vojtěch (advisor) ; Snopková, Tereza (referee)
The aim of the diploma thesis is the analysis and comparison of the elementary legal instruments of territorial nature protection in the Czech Republic and the Federal Republic of Germany. This diploma thesis is divided into 8 chapters including the introduction and the conclusion. The second and the third chapter deal with the most important sources of legal regulation of the territorial nature protection in both international law and law of the European Union and emphasises their influence on the creation of legal regulations of national law. The fourth chapter is concerned with the historical development of the territorial nature protection in both countries in question and focuses mainly on the development of legal regulations since the 30's. The fifth chapter provides an elementary overview of the legal sources of the territorial nature protection in national law. The sixth and the seventh chapter deal with general and special nature protection respectively and provide comparison of the respective legal institutes. The conclusion is concerned with the comparison and the evaluation of common and different features of Czech and German legal regulations and provides proposals for constituent changes of the provisions in question.
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