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Comparison of the Czech and Russian trial proceeding costs regulation
Rozhdestvenskiy, Dmitry ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This diploma thesis aims to compare the Czech and Russian regulations of the costs of civil proceedings, to identify and compare the differences in favor of this or another legislation. The thesis is divided into three chapters. The first chapter is devoted to the costs of civil proceedings in the Czech courts. First of all, the concept of costs of proceedings and its function is defined. Then the individual types of costs of proceedings are analyzed according to its demonstrative list in § 137 of Act No. 99/1963 Coll., Code of Civil Procedure, as amended: expenses of participants and their representatives, including court fee, lost earnings, interpreting, evidence costs, compensation for value added tax, remuneration for representation and remuneration for the mediator. Subsequently, the principles of payment and reimbursement of costs of proceedings are discussed, taking into account the moderating right of the court and the decision on reimbursement of costs of proceedings. The second chapter focuses on the description of the legal regulation of costs in the Russian Federation. Like the first chapter, it deals with the concepts of costs of proceedings and related legal institutes in Russian law. In particular, it focuses on the description of the court fee, exemption from the court fee,...
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Decisions on the award and amount of costs in civil proceedings
Srbová, Gabriela ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
Decisions on the award and amount of costs in civil proceedings Abstract This thesis deals with the issue of costs of civil proceedings. The scheme of the thesis follows the scheme of the Code of Civil Procedure and is supplemented by references to judicature, in particular the Constitutional Court's judicature. It deals almost exclusively with costs of proceedings at the first-instance procedure. The thesis in its introduction highlights the importance of the issue of costs of proceedings and the significant impact of the cost statement on the individual parties involved. It sets out the basic distribution of costs for general and special costs and lists their basic functions, ie the preventive and sanctioning function. The introduction also describes the role of the Constitutional Court in relation to costs of proceedings. After a short introduction to the issue of costs of proceedings, the list of the types of costs, their description, their functions and legal regulations are listed. More capacity is devoted to the court fee and issues related to it. These include the amount and extent of the charge, the exemption (and its types) from the payment of the court fee as an expression of the right to judicial protection and others. Subsequently, the thesis deals with the question of payment and reimbursement...
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Reimbursement of costs in trial proceedings and enforcement proceedings
Mařík, Jiří ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
1 Summary This thesis investigates the main perspectives of the reimbursement of costs in trial proceedings and enforcement proceedings. During the process of the judicial decision- making is often the issue of reimbursement of costs in trial proceedings and enforcement proceedings considered as of lesser importance. Nevertheless, the extent of professional discussion and frequent amendments of relevant legal regulations testify the very opposite. For this reason, one of the basic aims of this study was to perform a solid analysis of relevant legal adjustments, to point out the real problems while applying them and also to bring the suggestions of possible changes of particular legal regulations. The parts of this thesis are as following - introduction, five chapters, and conclusion. In the introductory part, the author defines the issue and aims of the work which are further described in following chapters. It also contains a definition of basic and key terminology. The first chapter introduces an overview of types of particular costs in trial proceedings, which are essential for understanding the principles and their consequent reimbursements. Alongside with a summary of historical evolution, the author also included practical enforcement and last but not least - the most frequent difficulties of...
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