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Price documentation of construction works
Malečková, Monika ; Tolášová, Pavla (referee) ; Tichá, Alena (advisor)
In the first part of this thesis, the assembly of particular types of building work price documentation is solved, depending on the state of the in-process project documentation. Consequently, the utilization of the documentation in particular administration types is presented, and possibilities of the building work funding are adduced. Specific types of the building work price documentations are configured for the public buildings, housing projects, transportation and water-management buildings. The last part of this thesis is devoted to the overview of particular price and project documentation types that should be elaborated in different phases of building work life cycle.
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The grounds for administrative expulsion
Yarish, Viktoria ; Kryska, David (advisor) ; Pítrová, Lenka (referee)
The grounds for administrative expulsion Abstract This thesis focuses on an important instrument of migration policy, which is administrative expulsion, or more precisely the grounds for which a decision on administrative expulsion may be issued to a foreign national. The Act on the Residence of Foreign Nationals exhaustively covers the individual grounds for administrative expulsion, but their content is not always clear at first glance. Although administrative expulsion is a specific instrument of immigration control, and not a tool for punishing the foreign national for violation of the established obligations, it has a tangible impact on the foreign national's life. The main purpose of this thesis is to define and characterize the individual facts of the grounds for administrative expulsion and to organize them according to common features systematically. For these purposes, it is important to examine the individual facts using the terminology of the doctrine of criminal law i.e., in particular the definition of the typical features of the facts - object, objective aspect, subject and subjective aspect. The characterisation should reflect the meaning and origin of the legal regulation of the specific facts, the identification of the essential features of the undesirable conduct of the foreign national...
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Administrative Decision as a Result of the Activity of the Administrative Body
KREJČOVÁ, Iveta
This bachelor thesis deals with administrative decisions as one of the most important outputs of the practice of the administrative body. The aim of this thesis is to describe administrative decisions with regard to legal theory as well as legal regulation. The first part of this thesis deals with the theoretical background, such as the elements of a decision or defects of a decision, the legal regulation of administrative proceedings and the methods of review and redress of administrative decisions. The second part of the thesis focuses on the practical aspects of administrative decision-making. It analyses nature and landscape protection decisions issued by the Czech Environmental Inspectorate in 2016-2020 with regard to the frequency of appeals and the way the Ministry of the Environment decides on appeals, in order to test eight hypotheses. The statistical results obtained from the decision analysis are presented in graphs and tables. The thesis concludes with a discussion of four problems occurring in practice in relation to decision-making on nature and landscape protection and possible ways of solving them.
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Proceedings for administrative delicts of legal entities
Hyldebrant, Pavel ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
A heated debate was going on during the past few years among Czech lawyers concerning punishment of legal entities. It culminated as the law on criminal liability of legal entities and proceedings against them was passed. However, this has not solved all the problems of legal regulation of delicts committed by legal entities. The question of reform of administrative punishment remains relevant, although not urgent. The current legislation suffers certain defects, in particular its incompleteness, which has to be addressed in legal practice by using laws whose primary field of application lies elsewhere; those laws do not address all peculiarities of administrative punishment of legal entities. While the main discussion is centered on substantive law, proceedings for administrative delicts of legal entities deserve attention as well. My thesis is divided into four parts. The first part briefly outlines the historical development of the proceedings for administrative delicts of legal entities. The second part provides a brief overview of the current state of legislation, focusing on the sources of law. The third part deals with general principles of law relevant for proceedings for administrative delicts of legal entities, especially the right to a fair trial, as described in the Convention for the Protection...
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Application of administrative proceedings in private and public nursery and primary schools
Lukešová, Iveta ; Kitzberger, Jindřich (advisor) ; Trojan, Václav (referee)
The thesis deals with the issue of administrative law in reflection of the new Education Act and court judgments in recent years, according to which the administrative procedure should apply in all schools and beyond complete list of cases referred to in the Education Act. The topic concerns the implementation of rights of children and students in public and private schools. Diploma thesis brings brief analysis of the development of public administration in education from 1990 to present with a focus on specific role of the school principal in the state administration. The thesis describes problematic areas in headmaster's decision about rights and duties of children and pupils especially in the application of Law no. 89/2012 Coll., the Civil code and the Law no. 258/2000 coll., on protection of public health and amending some related laws as subsequently amended. Diploma thesis provides a summary of the basic principles in the director's decision in state administration and headmaster's insight on the issue of administrative proceedings in nursery and primary schools.
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Proceedings for administrative delicts of legal entities
Hyldebrant, Pavel ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
A heated debate was going on during the past few years among Czech lawyers concerning punishment of legal entities. It culminated as the law on criminal liability of legal entities and proceedings against them was passed. However, this has not solved all the problems of legal regulation of delicts committed by legal entities. The question of reform of administrative punishment remains relevant. The current legislation suffers numerous defects, in particular its incompleteness, which has to be addressed in legal practice by using laws whose primary field of application lies elsewhere; those laws do not address all the peculiarities of administrative punishment of legal entities. While the main discussion is centered on substantive law, proceedings for administrative delicts of legal entities deserve attention as well. My thesis is divided into four parts. The first part briefly outlines the historical development of the proceedings for administrative delicts of legal entities. The second part provides a brief overview of the current state of egislation, focusing on the sources of lw. The third part deals with general principles of law relevant for proceedings for administrative delicts of legal entities, especially the right to a fair trial, as described in the Convention for the Protection of Human Rights...
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The position and activities of the Czech Trade Inspectorate
Vojtek, František ; Staša, Josef (advisor) ; Millerová, Ivana (referee)
Thesis deals with the position and proceedings of the Czech Trade Inspection (CTI). The introductory chapter discusses the theoretical and general bases associated with the role and activities of the CTI in public administration as a public authority, forms of administrative activities and administrative supervision. Afterwards, the work describes the history of consumer's protection legislation and freely moves in a special section dealing with on the above mentioned theoretical aspects in a practical context. First, it discusses the status of the CTI in public administration and organizational structure including the structure of the particular inspectorates and then powers and authority under applicable law. The following section is devoted to an inspection process systematically as the main activity of the CTI, including the description of the rights and duties of inspectors in its exercise. During the inspection inspectors determine the facts that are recorded in the inspection report, which serves as the main basis for eventual administrative proceedings. This section presents a number of my practical experiences, but also the decisions of administrative courts, which may provide some guidance on how to proceed when revising in ambiguous cases. Furthermore, specific remedies, including...
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Electronic signature in administrative procedure
Jandora, Tomáš ; Handrlica, Jakub (advisor) ; Rajchl, Jiří (referee)
1 Abstract As a topic of the diploma thesis I have chosen the issue of electronic signature in relation to administrative proceedings. The field of electronic communication is incredibly diverse and it is growing very dynamically. For this reason, I found the topic interesting and usable in the future. There have not been many theses on this topic yet, so I did not have to solve the problem that it was not original. I have always had a positive attitude towards digital technology. At the same time, I was fortunate that I could have always been informed about information technologies by someone who was interested in the issue much earlier. No matter whether it was more experienced family member, high school teacher who by far exceeded the capacities of the educational institution, or patient colleague at work. As stated at the beginning, this work could not have been finished without the contribution of my father, who has been involved in the issue of electronic signatures for a long time, and who brought me to the idea of choosing this topic. The aim of this work was to describe possibilities of application of electronic signing in administrative proceedings, or in communication with public authorities. However, a simple description of the legislation, which is presently in practice, would not be...
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Inaction in Proceedings before the Administrative Authorities
Adamec, Martin ; Prášková, Helena (advisor) ; Pítrová, Lenka (referee) ; Malast, Jan (referee)
Inaction in Proceedings before the Administrative Authorities - abstract The dissertation thesis deals with the issue of inactivity of administrative authorities in proceedings before them, which from the point of view of legal doctrine and application practice represents the most widespread form of inactivity in public administration. It can be considered as one of the most serious negative phenomena in public administration and its execution. Public administration is primarily seen as an executive (active) activity aimed at fulfilling its tasks set by or based on the legal order and carried out within its limits. As a rule, both legislation and scholarly literature contain material concerning public administration activities and their forms. The issue of inactivity often remains neglected, while in application practice it is a relatively common undesirable phenomenon, which the addressees of public administration encounter relatively often. The dissertation thus represents another source of reflection on this topic. The author interconnected two levels - theoretical and application, which allowed him to examine the issue of inactivity of administrative bodies in a broader context. There are often fundamental differences in approaches to legal doctrine and practice, but there is no reason to always have...
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Administrative Expulsion Proceeding
Kubáková, Pavla ; Kryska, David (advisor) ; Svoboda, Petr (referee)
Administrativě Expulsion Proceeding Abstract The diploma thesis entitled "Administrativě Expulsion Proceeding" deals with a detailed analysis of the applicable legislation on the institute of the administrativě expulsion including its related aspects. The content of the entire thesis is divided into six chapters. The first chapter defines the institute of the administrative expulsion as such with the emphasis on its non- punitive character. The second chapter emphasizes the analysis of the individual situations which the act on the residence of aliens defines as reasons leading to the delivery of administrative expulsion decision. These reasons are analysed considering the fact whether the alien is a national of an E U member state or the alien is a third-country national as well as whether the alien stays on the territory of the Czech Republic on the basis of the temporary, long-term, or permanent residence. As the lawmaker defines the significant part of reasons by an indeterminate legal concept, i.e., the public order, the third chapter gives an interpretation of this indeterminate legal concept introduced by the Nejvyšší správní soud ČR (the Supreme Administrative Court of the Czech Republic) and, at the same time, aims at delivering the answer to the question whether as conduct, seriously disrupting...
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