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The principle of ne bis in idem in the application of administrative offences
Škopková, Šárka ; Prášková, Helena (advisor) ; Adamec, Martin (referee)
The principle of ne bis in idem in the application of administrative offences Abstract The diploma thesis is devoted to the application of the ne bis in idem principle in administrative punishment, specifically administrative offences. The conditions of application of the ne bis in idem principle have been specified by jurisprudence. The aim of the work is therefore the analysis of jurisprudence especially, both from the ECtHR and domestic courts, dealing with the given issue. The thesis also deals with the analysis of legal regulations in which the principle of ne bis in idem is placed. The introduction of the thesis defines the principle of ne bis in idem itself and lists the most important sources of law in which it is written. The sources of law are distinguished at the international level and at the national level. The main emphasis is placed on the European Convention on Human Rights, which is one of the most important sources of law in which the principle of ne bis in idem is enshrined. The following chapter is devoted to the very conditions of application of the ne bis in idem principle. Specifically, the sub-chapters deal with the nature of the proceedings (the Engel criteria are discussed), the identity of the act, the duplication of proceedings and finally the identity of the subject. In...
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Administrative transgressions against the safety and smooth traffic flow on highways
Sárová, Lenka ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
The presented thesis refers to the administrative transgressions against the safety and smooth traffic flow on highways. This is very actual topic currently, because everybody meets with these administrative transgressions in his life. The thesis is composed of seven chapters. The first chapter introduce us with the history of legislation in the period from the formation of the Czechoslovak republic in 1918 to the presence. The following chapter describes relevant legislation. This chapter contains general regulation of liability for transgressions, as well as discusses the constituent elements of transgressions and ends with characteristic of the constituent elements defined by the Law of highway traffic. In the third chapter, I focused on the comparison of transgressions and crimes. First I compared the general arrangement for liability for crimes and transgressions. Furthermore, I have listed which crimes could be committed in connection with the highway traffic, and then I looked on, in my opinion, mostly committed crimes. The fourth chapter deals with the sanctions that may be imposed for transgressions. The rules on penalties are prescribed by Law of transgressions; the specific amount of sanctions is set by the Law of highway traffic. The administrative transgressions against the safety and smooth...
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Illegal work and penalties for such work
Kmínek, Petr ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
This thesis deals with selected issues of illegal work and its punishment, especially in terms of administrative offences. It focuses, in particular, on terminology related to illegal work, inspection activities of the labour inspection office and punishment of illegal work in administrative proceedings. The main reason why I have selected this topic is because I have been interested in labour law ever since I was studying it as a compulsory subject. There is a broad range of topics to choose from in labour law, but I have chosen the area of illegal work because of my previous experience from working in regional inspectorate of the State Labour Inspection Office, based in Ústí nad Labem, as this topic falls into its scope of authority. The main goal of this thesis is to provide a theoretical definition of illegal work, to describe the inspection procedure of employers and administrative procedure regarding the inspected entities. Furthermore, one of the goals of this thesis is to point out certain deficiency in current legal framework, especially regarding practical problems with the application of law. The prologue introduces the topic of illegal work, defines structure of this thesis and its mains goals. The thesis itself is then divided into four chapters. The first chapter focuses on dependent...
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Administrative infractions in construction law
Kratochvílová, Šárka ; Svoboda, Petr (advisor) ; Rajchl, Jiří (referee)
Administrative infractions in construction law Abstract The diploma thesis entitled "Administrative infractions in construction law" focuses on the law of administrative infractions and the specifics of the basic facts of administrative infractions in the field of construction law. The diploma thesis is divided into two parts, namely the general part and the special part. The general part of the thesis aims to introduce the basics of the law of administrative infraction - it consists of the definition of the concept of an administrative infraction and analyses of its basic attributes, the definition of the conditions of liability of individuals, legal entities, and enterprising individuals in administrative infractions and introduction of the issue of administrative penalties, their functions, principles, and basic principles and aspects of their imposition with a closer focus on the administrative penalty of the fine and the principles of determining its amount, for the fine is an administrative penalty that is imposed for administrative infractions under the Building Act. The special part of the diploma thesis addresses the introduction of the system of administrative infractions in the Building Act and includes a thorough analysis of the facts of administrative infractions under the Building Act with...
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Committing misdemeanors in relation to addictive substances.
Schovancová, Petra ; Fidesová, Hana (advisor) ; Šejvl, Jaroslav (referee)
Background - The thesis deals with the topic of committing misdemeanors related to addictive substances. It focuses on primary and secondary misdemeanors, in particular in the areas of public order, cohabitation, property, health protection from harmful substances and others, sometimes also called "general misdemeanors". A systematic collection of information on this issue is only carried out for some primary misdemeanors, and systematic data collection is not available for secondary misdemeanors. Objectives - The aim of this work is to provide information on the rate of committing misdemeanors in relation to addictive substances, i.e. primary and secondary, and knowledge of the occurence and frequency of specific misdemeanors of this issue. Methods - The research part was conceived as a pilot study. For the purposes of the research, the data were obtained through a content analysis of the files kept at the misdemeanor department of the City of Liberec. In the sample, the method of deliberate selection included files that met the basic criteria, namely that the offender committed an offense in connection with an addictive substance, either under its influence or for its action or against drug legislation, or can be assigned to a group of primary or secondary misdemeanors. Data was evaluated in...
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Illegal work and penalties for such work
Kmínek, Petr ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
This thesis deals with selected issues of illegal work and its punishment, especially in terms of administrative offences. It focuses, in particular, on terminology related to illegal work, inspection activities of the labour inspection office and punishment of illegal work in administrative proceedings. The main reason why I have selected this topic is because I have been interested in labour law ever since I was studying it as a compulsory subject. There is a broad range of topics to choose from in labour law, but I have chosen the area of illegal work because of my previous experience from working in regional inspectorate of the State Labour Inspection Office, based in Ústí nad Labem, as this topic falls into its scope of authority. The main goal of this thesis is to provide a theoretical definition of illegal work, to describe the inspection procedure of employers and administrative procedure regarding the inspected entities. Furthermore, one of the goals of this thesis is to point out certain deficiency in current legal framework, especially regarding practical problems with the application of law. The prologue introduces the topic of illegal work, defines structure of this thesis and its mains goals. The thesis itself is then divided into four chapters. The first chapter focuses on dependent...
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An analysis of the decision making of the Office for the protection of competition
Šipkovská, Silvie ; Ochrana, František (advisor) ; Stehlík, Petr (referee)
The thesis deals with the nature of the decision-making of the Office for the Protection of Competition (hereinafter "the OPP") in the area of public procurement. The theoretical part describes the various methods used, the legislative framework for the decision-making processes of the OPP (from the point of view of the currently effective legislation and the new Act on public procurement), and summarizes theoretical assumptions. In the analytical part, selected decisions of the OPP from the years 2005-2015 are analysed, using descriptive and interferential statistical methods. In terms of the subject matter, the OPP most often conducts proceedings in relation to complaints against alleged violation of the prohibition of discriminatory practices. Decisions of the OPP are challenged before administrative courts in only 4% of cases, in spite of the fact that contracting authorities are found guilty of committing an administrative offense in almost 80% of the cases. Commonly imposed penalties are fines. The trend of decisions on guilt, as well as the imposition of fines, is growing, however, the level of fines remains unchanged. A contracting authority which awards a public works contract is more likely to be found guilty than a contracting authority awarding other public contracts. It is also more...
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Administrative Punishment of Corporates
Hejtmánek, Ladislav ; Prášková, Helena (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
- English This paper is focused on new legal institute, starting to grow and practised relatively very late, during the period of the socialist regime. Such institute is new, but nowadays has grown to substantial dimensions which is connected not only with the practical point of view, but also with the development of the society and economics. Very similar development can be observed also in other law cultures; the administrative penalty has everywhere the rising intensity, also in Anglo-American law, both in law in books, as well as in law in action. Our law order has the traditional classification of such institute to Administrative Law, not Criminal Law. Such classification has its advantages, but also disadvantages - as advantage it is very easy to apply the law in books, relatively free procedural law, effectiveness and speed of the punishment. As disadvantage it is the absence of guaranty of fundamental righst of defendant (offender), unsufficient observation of the facts of liability, a quantity of specific law rules organized by every ministry, and moreover very poor catalogue of administrative punishment. With the respect of such deficiency of this part of Administrative Punishment this paper is prepared with the traditional point of view of the Criminal Law concentrated on the particular...
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Sanctions for administrative delicts and protective measures
Michalička, Martin ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
Sanctions for administrative delicts and protective measures Abstract The focus of this thesis is on the phenomenon of administrative punishment. Its purpose is to summarize certain important aspects connected with the imposing of administrative sanctions and to present the classification of administrative sanctions. Thesis is bases on the current doctrine of administrative law and judicial decisions of administrative courts. It characterizes terms of sanction and punishment as understood by law and particularly in the sphere of administrative law, with notion to differences between court and administrative crimes. Thesis further analyses administrative punishment based on its purpose and summarizes the theoretical concepts, which are attributable to the purpose of punishment in criminal and subsequently in administrative law. It identifies preventive and repressive functions of administrative punishments as two most widely applicable functions. Classification of administrative punishment is described and assessed. This classification is based on the classification of administrative crimes. Sanctions connected to each kind of administrative crimes are mentioned. As the most common administrative sanction is fine, therefore most attention is focused on this sanction. Thesis also mentions some of legal...
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Administrative transgressions against the safety and smooth traffic flow on highways
Sárová, Lenka ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
The presented thesis refers to the administrative transgressions against the safety and smooth traffic flow on highways. This is very actual topic currently, because everybody meets with these administrative transgressions in his life. The thesis is composed of seven chapters. The first chapter introduce us with the history of legislation in the period from the formation of the Czechoslovak republic in 1918 to the presence. The following chapter describes relevant legislation. This chapter contains general regulation of liability for transgressions, as well as discusses the constituent elements of transgressions and ends with characteristic of the constituent elements defined by the Law of highway traffic. In the third chapter, I focused on the comparison of transgressions and crimes. First I compared the general arrangement for liability for crimes and transgressions. Furthermore, I have listed which crimes could be committed in connection with the highway traffic, and then I looked on, in my opinion, mostly committed crimes. The fourth chapter deals with the sanctions that may be imposed for transgressions. The rules on penalties are prescribed by Law of transgressions; the specific amount of sanctions is set by the Law of highway traffic. The administrative transgressions against the safety and smooth...
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