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Criminal Aspects of Corruption
Urich, Dominik ; Dvořák, Marek (advisor) ; Šelleng, Dalibor (referee)
Criminal Aspects of Corruption This diploma thesis focuses on corruption as a negative social phenomenon which is as old as humanity itself, especially, through the viewpoint of criminal law as a means for ultima ratio. It analyses substantive and processional law aspects of corruption in legal regulations of the Czech Republic as well as in international regulations. This thesis concerns itself with criminal acts of bribery and means used to uncover, investigate, and prove corruptive practices. The introduction of this thesis concentrates on the explanation of its key term "corruption" and terms that directly or indirectly fall under the concept of corruption, as well as the reasons why corruption occurs, its development stages and the structure of corruption, including manners of corruptive behaviour. In the second chapter of this thesis the author looks at corruption from a historical viewpoint by means of an excursion into the global history of this phenomenon. Especially concentrating on the first references to corruption and legal regulations in place on the Czech territory since 1707 up to the Velvet Revolution. The main section of this diploma thesis is contained in the third and fourth chapters. The third chapter provides a detailed analysis of criminal acts connected to corruption,...
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Corruption in health care in the Czech Republic
Kramář, Rudolf ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kuchta, Josef (referee)
1 Corruption in health care in the Czech Republic Abstract The topic of this dissertation thesis is the issue of corruption in health care in the Czech Republic. It is a broad topic with a wide range of related aspects that go far beyond the limited scope of the dissertation. Corruption in the health sector certainly takes a number of forms and can be assumed in a cross-sectional way in almost all areas of which health care consists. From public procurement and the selection of managers of state hospitals, through the conclusion of contracts of health insurance companies and the cooperation of pharmaceutical or supply companies with doctors, to corruption in the relationship between the patient and the provider of health services. The last mentioned area is to some extent specific to health care, and the author elaborates on the reasons in detail. The problem, from the point of view of criminal law, however, lies in the fact that this area of corruption in the health sector is very difficult to detect due to the intimacy of the doctor-patient relationship. After a brief introductory excursion into individual potential areas of corruption in the health sector, the author focuses in more detail on the corrupt environment within the relationships - simply put - of the doctor and the patient, respectively the...
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Penal aspects of corruption
Mottl, Jiří ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
57 Penal aspects of corruption Abstract This thesis deals with the aspects of corruption that are sanctioned under criminal law. The aim of the thesis is to define the current criminal legislation punishing this form of crime, to present its problematic aspects and to propose possible solutions to these issues. In this context, a part of the thesis is also devoted to the definition of the concept of corruption, the historical development of the legal regulation in the Czech Republic in particular, the legal regulation in the field of international and European law, as well as legal comparison with foreign countries. First, the thesis devotes a section to various definitions of corruption by both Czech and foreign academics. Subsequently, the typology of corruption and the factors influencing its occurrence, extent and severity are outlined. Next, the first cases of criminalisation of corruption, the development of legal regulation in the Czech lands, and in particular its regulation within criminal codes are presented in the framework of historical development. Then, the international conventions dealing with the fight against corruption to which the Czech Republic has acceded are presented, as well as the legislation within the European Union. Furthermore, the thesis defines the crimes that are committed...
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Protection against corruption and bribery and their prevention
Faltusová, Eva ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
PROTECTION AGAINST CORRUPTION AND BRIBERY AND THEIR PREVENTION The purpose of this thesis is to analyse the phenomenon of corruption and to describe the relevant legislation, which either states the illegality of the matter or is important as a part of the actions taken against corruption. The main reason why the author has chosen this topic is possibly the frustration about the strong corruption climate in the Czech Republic and also the fear that the country is - concerning this issue - not moving forward at all. The motive was to find out the reasons of this situation and to analyse whether the legislation covering this area is sufficient. This work consists of an introduction, three chapters, each of them dealing with different aspects of the topic, and the conclusion. In the introduction, the author describes the reasons for choosing the topic and summarises the content of the thesis. The purpose of the first chapter, which consists of four parts, is a description of the term "corruption". It gives a number of definitions and tries to further explain the meaning by presenting different types of corruption. The third part states the origins of the phenomenon and the fourth part describes the ways to measure it. The chapter two is focused on the occurrence of corruption within the Czech...
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Protection against corruption and bribery and their prevention
Bergelová, Linda ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
Title: Protection against corruption and bribery and their prevention Abstract This thesis deals with corruption and ways of its prevention. Initial chapter describes phenomenon of corruption in society, defines it and its Subchapter contains kinds of corruption. I try to explain the cause of origin of the corruption and its development phases in Chapter Two. Following Chapter Three is focused on measurement of corruption level and on existing corruption measurement methods also. This chapter concerns with description of Corruption Perception Index (CPI) published by Transparency International. The most important part of this diploma thesis is Chapter Four. This chapter is trying to find the suitable preventive measures that could reduce occurrences of corruption. Because this topic is very voluminous, Subchapter One is focused on preventive anti-corruption measures in subsequent three areas: legislative process (I describe much discussed topic of lobbing today in this part), conflict of interests and corruption in public administration. I try to describe particular measures that can reduce creating of corruption opportunities. Subchapter Two contains legislation of the corruption with put emphasis on anti-corruption tools of criminal law. It describes bribery crimes especially. Chapter Five explores ways...
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Protection against corruption and bribery and their prevention
Kovařík, Petr ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
Title: Protection against corruption and bribery and their prevention Abstract My diploma thesis should describe the contemporary issues of corruption and then it should show us the differences between corruption and lobbying. After that I would like to focus on the current legislation which mentions corruption. Finally, I would highlight the necessity of prevention. Initially, I would try to define corruption, describe the origin reasons of corruption and its dividing. The next part of the first chapter includes the methods of measurement, which are used for taking an imagination about the extent of the corruption in this age. The following chapter describes lobbying and the other terms which belong to it. The main goal is an effort to distinguish the situation when it is still lobbying and the situation when the legal line of lobbying is already broke. The next chapter includes current legislation which concerns the problem of corruption. Because of the quite extensive legislation I try to focus on the regulation in the criminal law and in the business law. One part of this chapter discusses the effective repentance, which could again appear in our legislation. The fourth chapter points to necessity of prevention in this issue. Corruption is a global problem and the solving of problem with corruption is...
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Protection against corruption and bribery and their prevention
Novák, Martin ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
THE PROTECTION AGAINST CORRUPTION AND BRIBERY AND THEIR PREVENTION The purpose of my thesis is to analyse basic instruments provided by the criminal law for investigation and prosecution of bribery and find out how they are applied in everyday practice within criminal proceeding. The main reason why I chose this topic is frequent complaining of the public, blaming the law enforcement authorities from dismal state of corruption in the Czech Republic. The motive was to find out whether these complaints are legitimate or the criminal law does not provide sufficient means for effective regulation of the corruption. The main aim of the thesis is therefore to answer the question, whether the instruments provided by the criminal law are sufficient for effective regulation of bribery and corruption in the Czech Republic. The thesis is composed of five chapters. Chapter one is devoted to the brief explanation of historical development of the phenomenon of corruption. Aim of this chapter is to show the issue of corruption as never-ending struggle which was present in the society since its very beginning. Chapter two is introductory and defines basic terminology. Purpose of this chapter is to explain the main distinction between corruption and bribery and define the basic classification referred in the...
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Criminal aspects of the public procurement
Novák, Martin ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
147 Summary: The subject of this work, as it follows from its title, is the issue of crimes committed in connection with public procurement. The author emphasizes that it is a problem more than actual. Crime in connection with the public procurement has significant economic and social impacts and is subject of a long-term criticism and constant interest of media. The aim of this work is to present the main features of this form of crime, not only through a detailed analysis of the applicable criminal regulations, but also, using practical experience and analysis of the current case-law of general courts, through identification of the most significant legal or forensic problems in detection and investigation of this type of crime. The work is divided into five parts, which are further divided into sub-chapters and sections. The first part is dedicated to a valid criminal regulation. It defines in detail the various constituent elements of the relevant offenses and the most important legal concepts. The criminal liability of legal persons is not omitted. The second part, though still focused on the criminal regulation, has been concentrating on the applicable regulations of the Public Procurement Act, rather than the Criminal Code, with focus on legal concepts contained in this Act that are also normative...
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Corruption and bribery from the point of view of criminal law
Kučerová, Karolína ; Jelínek, Jiří (advisor) ; Galovcová, Ingrid (referee)
The rigorous thesis is focused on the phenomenon of corruption, which is one of the most serious problems of today's society. Given that the issue of corruption is quite broad, the aim of the work is not to cover all its aspects and not to solve the problem of corruption as such, as these goals would be more than ambitious. On the other hand, the work aims to clarify corruption from the perspective of criminal law and to cover at least some of its basic aspects. The work is divided into a total of five chapters. The first chapter deals with corruption in general and primarily seeks to define the concept of corruption as such and demonstrate the diversity of forms of corruption activities, as well as their prevalence. The second chapter then deals with a brief historical excursion, which aims to introduce corruption in previous criminal law, thus providing a comparison with the current legislation. The following third chapter focuses on the current criminal law regulation of corruption offenses. Attention is focused mainly on bribery offenses, which form the core of the criminal law of corruption. However, it also briefly deals with some other selected corruption offenses. Chapter four then deals with selected anti-corruption instruments, which it not only describes, but also evaluates in terms of...
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Types of corruption and anti-corruption strategies in Ukraine
Smorodina, Sofia ; Frič, Pavol (advisor) ; Ochrana, František (referee)
The thesis investigates corruption and the anti-corruption strategies. Focusing on the case study of Ukraine, it is shown how corruption can affect society and what particular measures can be undertaken for tackling this phenomenon. It is illustrated that the current level of corruption in Ukraine is high in all fields of public management: the customs and taxation systems, law enforcement agencies, the judicial system, business, and so on. The analysis of the Ukrainian government's anti-corruption strategies reveals that they are based primarily on deregulation, demonopolization, the creation of a strong institutional environment, and digitalization. In recent years, Ukraine has been able to achieve institutional advancements through the creation of new anti-corruption bodies and has initiated digitalization as a new strategic direction against corruption. However, none of these activities have brought tangible results so far. The thesis analyzes why the government's anti-corruption strategies have been fruitless to date and how the situation might develop in the future. Keywords anti-corruption strategies, bribery, corruption, European Union, institutional reforms, public officials, Ukraine. Abstrakt Práce zkoumá korupci a protikorupční strategie se zaměřením na případovou studii Ukrajiny. Je...
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