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Environmental protection within specific proceedings pursuant the Building Act
Šimák, Filip ; Sobotka, Michal (referee)
Environmental protection within specific proceedings pursuant the Building Act Unrestrained construction activity damages natural resources and diverse environmental components in irreversible or in difficult-to-repair ways, thereby further thwarting thriving or even surviving of the World population. In the Czech legal system, the regulatory measures of administrative bodies, along with the participation of the affected stakeholders, contribute to the environmental protection of the individual development project. This dissertation examines the methods, means, and tools of environmental protection within the framework of designated proceedings regulating the construction. Specifically, it analyzes the possibilities of implementing protective environmental measures within the construction-permitting procedures enshrined in the provisions of Sections 103 to 117 of the Building Act. Five construction-permitting regimes are examined separately: the building permit process; notification; public law contract; notification with certificate of the authorized inspector and projects requiring neither building permit nor notification. If followed lawfully, each of the regimes allows the prospect applicant to commence a relevant construction project. Permitting procedures are significantly influenced by...
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Environmental protection within specific proceedings pursuant the Building Act
Šimák, Filip ; Sobotka, Michal (referee)
Environmental protection within specific proceedings pursuant the Building Act Unrestrained construction activity damages natural resources and diverse environmental components in irreversible or in difficult-to-repair ways, thereby further thwarting thriving or even surviving of the World population. In the Czech legal system, the regulatory measures of administrative bodies, along with the participation of the affected stakeholders, contribute to the environmental protection of the individual development project. This dissertation examines the methods, means, and tools of environmental protection within the framework of designated proceedings regulating the construction. Specifically, it analyzes the possibilities of implementing protective environmental measures within the construction-permitting procedures enshrined in the provisions of Sections 103 to 117 of the Building Act. Five construction-permitting regimes are examined separately: the building permit process; notification; public law contract; notification with certificate of the authorized inspector and projects requiring neither building permit nor notification. If followed lawfully, each of the regimes allows the prospect applicant to commence a relevant construction project. Permitting procedures are significantly influenced by...
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Binding opinions as an instrument of the natural and landscape protection
Štěpánková, Jana ; Franková, Martina (advisor) ; Pokorný, Jiří (referee)
This thesis focuses on the binding opinion and defines its key role in nature and landscape protection. From the author's viewpoint construction activity is an activity with the greatest impact on nature and landscape and the submitted work focuses, among other things, on the evidence that the purpose of issuing binding opinions is the regulation of construction. The thesis consists of introduction, conclusion and five chapters divided into subchapters according to logical and well-arranged structure. The first chapter discusses the role of the body concerned in the protection of the public interest, which is the protection of nature and landscape. The second chapter is structured into several subchapters and is devoted to the description of the binding opinion. The author analyzed its definition features, its legal nature and its content requirements. The last part of this chapter is devoted to the process of issuing binding opinions. Furthermore, the author focused on the review mechanism of binding opinions, namely its legislation in the Code of Administrative Procedure, the Code of Administrative Justice, including a deviation from the general regime laid down by the Building Act. The fourth chapter is devoted to the definition of the involved authorities concerned by the law on nature and...
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Environmental protection within specific proceedings pursuant the Building Act
Šimák, Filip ; Stejskal, Vojtěch (advisor) ; Pekárek, Milan (referee) ; Tomoszková, Veronika (referee)
Environmental protection within specific proceedings pursuant the Building Act Unrestrained construction activity damages natural resources and diverse environmental components in irreversible or in difficult-to-repair ways, thereby further thwarting thriving or even surviving of the World population. In the Czech legal system, the regulatory measures of administrative bodies, along with the participation of the affected stakeholders, contribute to the environmental protection of the individual development project. This dissertation examines the methods, means, and tools of environmental protection within the framework of designated proceedings regulating the construction. Specifically, it analyzes the possibilities of implementing protective environmental measures within the construction-permitting procedures enshrined in the provisions of Sections 103 to 117 of the Building Act. Five construction-permitting regimes are examined separately: the building permit process; notification; public law contract; notification with certificate of the authorized inspector and projects requiring neither building permit nor notification. If followed lawfully, each of the regimes allows the prospect applicant to commence a relevant construction project. Permitting procedures are significantly influenced by...
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Source Administrative Acts in Proceedings Relating to the Environment
Štekr, Pavel ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
1 Abstract This diploma thesis deals with source administrative acts, which serve as a means of protection of the relevant area of the environment. The term "source administrative act" as used herein denotes various types of acts issued by administrative bodies which are then used as the ground for the final decision in administrative proceedings. The thesis does not focus only on binding source administrative acts, but also on other source acts of lower legal force. The thesis includes a section on the special legal regulation of source acts used in administrative sanctions proceedings. The main source materials for the thesis are the following: legal regulation of this issue currently in force, literature, methodologies of administrative authorities, decisions of administrative courts and the author's own professional experience. The beginning of the work includes the contents and a list of abbreviations. The third chapter contains an introduction where the author presents the reason for choosing the topic of the work, i.e. the frequent use of source administrative acts in the environmental field of public administration and their influence on administrative proceedings. Other reasons for choosing this topic were varying degrees of binding effect and problematic nomenclature of these acts and the bodies...
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