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Punishment of disqualification and its control
Chovancová, Anna ; Šelleng, Dalibor (advisor) ; Dvořák, Marek (referee)
Punishment of disqualification and its control Abstract The topic of the thesis is the punishment of the disqualification and its control. The main goal is to analyse the punishment of disqualification and its control in the Czech legislation and to focus on possible deficiencies but also on possibilities of correction or other legal solutions. The thesis is fact-based from the beginning with specific examples from case law to illustrate the breadth of the topic. The text of this thesis is divided into six chapters. In the conclusion I summarise the findings of the whole thesis and suggest possible solutions to the problems. The first chapter deals with the topic of punishment in general and is divided into five subchapters. The first subchapter deals with the history of punishment in general. The second subchapter is devoted to the purpose of punishment as such. The third subchapter deals with the system of punishments in Czech legislation and the fourth subchapter deals with the possible classification of punishment. The last fifth subchapter deals with the concept of alternative punishments, which defines what constitutes an alternative punishment. Alternative punishments are associated with the performance of the Probation and Mediation Service of the Czech Republic. It is an important institution that...
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The Fight against Doping in Sport in Interaction with European Union Law: Proportionality of Ineligibility and Anti-Doping Education
Exner, Jan ; Tomášek, Michal (advisor) ; Ondřejek, Pavel (referee) ; Kornbeck, Klaus Jacob (referee) ; Viret, Marjolaine (referee)
Dissertation: The Fight against Doping in Sport in Interaction with European Union Law: Proportionality of Ineligibility and Anti-Doping Education Author: JUDr. Jan Exner This dissertation researches the interaction between the fight against doping in sport and the law of the European Union. It particularly analyses whether the World Anti-Doping Agency and other anti-doping organizations respect the proportionality of ineligibility for doping and related role of anti-doping education. The findings of this dissertation demonstrate that anti-doping organizations have crossed the borders of their conditional autonomy and good governance under European Union law through breach of the proportionality of ineligibility in interaction with anti-doping education. In particular, it concludes that they underestimate the role of education as an anti-doping element, which interacts with proportionality of ineligibility. Anti-doping education raises awareness, informs, communicates, instills values, and develops life skills and decision-making capability to prevent intentional and unintentional doping and its consequences, including a potentially disproportionate ineligibility. As such, it also enables the deterrence effect of anti-doping rules and sanctions. On top of that, the level of anti-doping education is...
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Punishment of disqualification and its control
Makovička, Jaroslav ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Punishment of disqualification and its control Abstract The topic of this diploma thesis is the punishment of the disqualification and its control. The main goal of this work is to analyze the regulation of the disqualification of activity in the Czech legal system, to describe the control of its execution and especially the pitfalls associated with control and, last but not least, to propose changes in legislation. The text of the thesis is divided into nine chapters, some of which contain subchapters. In conclusion, I summarize and assess the results of the work set out in its introduction. The first chapter discusses the theoretical nature of punishment and its purpose in general and then specifically the punishment of disqualification itself. The second chapter traces the historical development of the punishment of disqualification. The third chapter is divided into three subchapters. The first of them represents the system of punishments in the Czech legal system, the other specifically focuses on alternative punishments and the last is focused only on the punishment of disqualification. The fourth chapter, divided into four subchapters, is devoted to the imposition of the punishment of disqualification and its imposition. This part of the work outlining the practice of the courts is based mainly on...
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Proportionality of a four-year ineligibility for the first intentional anti-doping rule violations and its impact on professional athletes' careers
Plevková, Tereza ; Exner, Jan (advisor) ; Štědroň, Bohumír (referee)
Title: Proportionality of a four-year ineligibility for the first intentional anti-doping rule violations and its impact on professional athletes' careers Objectives: The aim of this thesis is to ascertain whether the four-year ineligibility for the first intentional anti-doping rule violations has liquidation impact on professional athletes' careers. Methods: For quantitative research, I have used the electronic interrogation method and for qualitative research the in-depth semi-structured interview. Results: I have found that most athletes really do perceive a four-year ineligibility for the first intentional anti-doping rule violations as disproportionate. Only 24 % of surveyed athletes said that a four-year ineligibility is an appropriate punishment. 82 % of surveyed athletes would end their careers after receiving a four-year ineligibility, and just 30 % of them think that It's realistic to go back to an active career after a four-year break. Moreover, athletes have consistently said that the most crucial obstacles to their return are financial distress, loss of motivation and lack of racing mode. On the basis of these results, I have also developed my own solution to ineligibility for the first intentional anti-doping rule violations. Keywords: proportionality, sanction, ineligibility,...
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Punishment of disqualification and its control
Raus, Pavel ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
Punishment of disqualification and its control Abstract The topic of this diploma thesis is the punishment of the disqualification and its control. The main goal is to describe and evaluate the legal regulation of this punishment in Czech criminal law and its application. This diploma thesis also proposes possibilities for improvements of the regulation in this field. In the first chapter the thesis deals with the place of the disqualification in the criminal law system, the purpose of this penalty and its possibilities as an alternative non-custodial measure. It also describes other legal institutions in different fields of law which also restrict freedom to perform some activities. The second chapter is focused on imposing the penalty of the disqualification. This chapter deals with the conditions under which this penalty may be imposed, its content and scope or its length. This part offers a view on application of this punishment via case law and Ministry of Justice statistics. The third chapter is focused on the specifics of the disqualification imposed on minors and on the differences of the punishment of the disqualification imposed on legal persons. The fourth chapter analyses the enforcement of judgments imposing punishment of disqualification. In this chapter, attention is paid to the period of...
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Administrative penalties for administrative delicts and protective treatment measures
Čvančara, Michal ; Prášková, Helena (advisor) ; Rajchl, Jiří (referee)
1 Abstract - Administrative penalties and protection measures Description of all administrative penalties and protection measures is the primary goal of this thesis. Due to wide extent of chosen subject, this work aims to individual categories of administrative penalties and protection measures, examines every single condition for its imposition a notices possible contradiction within legislation. The thesis does not include the criteria for imposing penalties, noticed set from section 37 till section 44 Contraventions Act which serve as instruments for determination and length of penalties. Concurrence of contraventions is also not included. In the opening chapter the definition and description of an administrative liability is described as well as basic issues of administrative penalization, considered to be a part of administrative authority's activity. The resemblance of principles of criminal and contravention law is described, that leads to using the same principles either in criminal and contravention law. There's explored what basic sources of administrative penalization are. Each of following chapters describes one of the penalties set in section 35 Contravention Act. Every chapter begins with general description of the penalty and then depicts its main purpose for which it is imposed. Then...
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Punishment of disqualification and its control
Váchová, Lucie ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
This thesis focuses on the punishment of disqualification, as well as on its execution, control and related institutes. The main objective of the thesis defined in the Introduction is making a comprehensive summary of the issue with a focus on decision- making practice of the Czech courts. The text itself is divided into eleven chapters, some of which are divided into subchapters. In the Conclusion, the results of my thesis are summarized and evaluated. Besides that the thesis includes Content, Index of Abbreviations and Bibliography. The first chapter deals with general term of the punishment and it is divided into four parts. The first subchapter summarizes the concept of a punishment; the second one explains the nature of the punishment of disqualification. The third subchapter analyses the purpose of a punishment. The fourth subchapter focuses on the purpose of the punishment of disqualification. The second chapter explicates the status of the punishment of disqualification in the Czech penal system of penalties. The third chapter covers the topic of alternative punishments and it is divided into three subchapters. The first subchapter describes the concept of alternative punishments in its general sense, the second one summarizes their causes and the third subchapter shows disqualification as...
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