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The Topical Issues in Experts Activities
Škoch, Petr ; Bradáč, Albert (referee) ; Telec, Ivo (advisor)
The Diploma thesis deals with general issues in the environment of Czech expertise from the view of ordinary experts. The study fosuses on a critical analysis of expert activities with special regards to remuneration issues, timing of expert fees, expertise, experts‘ inauguration and dismissal from a post and cooperation with government authorities. The methodology used is an array of reactions by experts to individual and specific points, which are then evaluated and possible methods of solution are proposed. The end of the thesis statistically summarises all problems in a graph and highlights the most critical ones.
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Appeals in criminal proceedings
Pícha, Lukáš ; Vokoun, Rudolf (advisor) ; Mulák, Jiří (referee)
APPEALS IN CRIMINAL PROCEEDINGS Abstract This thesis analyses the legal regulation of appeals in criminal proceedings. The introduction describes the author's motivation for choosing this particular topic, as well as the basic goals of the work the thesis. The main intention of the author was to thoroughly analyze the valid legal regulation of the institute of appeal, with the aim of making a comprehensive analysis. For this purpose, the author gradually discusses the inclusion of the institute of appeal in the system of remedies, the basic principles of the remedial proceedings as well as the development of appeals in the Czech Republic. A partial aim of the thesis was to present problematic issues related to the appeal, to argue over them and to propose their de lege ferenda solution. In this context, the views of leading experts, including key court decisions, are also presented. Finally, the aim was to compare the legal regulation of appeal with foreign legal regulations. The author decided to compare the institute of appeal with the regulation in the German and Slovak legal systems. The first chapter of the thesis is devoted to the general characteristics of remedies in criminal proceedings. The author gradually comments on the essence and purpose of the remedial proceedings and continues with...
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Appeals in criminal proceedings
Staněk, David ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
APPELS IN CRIMINAL PROCEEDINGS ABSTRACT The goal of this Diploma thesis is to analyse the legal regulation of appeals in criminal proceedings and the issue of this regular remedial measure in general. Author's goal is to present readers with the historical genesis of the institution of appeal since early feudalism until the adoption of current Criminal Procedure Code, considering the most important amendments of this law, and to put the intrastate legal regulation into the context of international law and embedment of the right of appeal in criminal proceedings in international treatises. The author also aims to explain appeal as regular remedial measure together with other remedial measures in Criminal Procedure Code and to introduce basic and specific principles, that impact the legal regulation. In the main chapter the recent regulation of appeals in Criminal Procedure Code is critically analysed. The author further deals with the admissibility and effects of the appeal, by all parties that are legitimate to appeal, the time limit, place and means of filling it, while listing practical examples of abnegation of the right to appeal to a higher court and withdrawal of the appeal, content requirements and possible problems in practice, the operation of the court of first instance after appealing, and also...
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Political responsibility of directly elected presidents
Brabec, Dušan ; Mlejnek, Josef (advisor) ; Kotábová, Věra (referee)
The controversial performance of the Czech head of state - Miloš Zeman, during his first term in the office, offers reflection on whether the Czech president should or should not be politically responsible for his actions. The absence of mechanisms, by which could be the acting president recalled from his office allows Czech head of state to straighten out the scope of constitutional powers attributed to the head of the state with no real consequences. The master thesis will attempt to present the mechanisms and circumstances that led to the withdrawal of presidents (or governor) of selected countries - specifically Lithuania, Romania and California. The aim of the thesis will be to assess the circumstances in which it would be appropriate to introduce similar mechanisms designated for withdrawing directly elected Czech head of the state from its office, and to analyze the tools for the dismissal of presidents, which have already been used in practice.
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Direct democracy at the municipal level in the Czech Republic
Stejskalová, Eva ; Jirásková, Věra (advisor) ; Suchánek, Radovan (referee)
The objective of the submitted diploma thesis is to analyze the subject of a direct democracy system in the Czech Republic focusing on the local level of governance. The possibility of being able to participate imminently in the municipal government and thus amending the current representative model became the subject of not only political discussions over the last few years. The thesis is composed of a foreword and five chapters, which are hereafter divided to subchapters for better transparency. Findings and author suggestions concerning the possible future forms of the local democracy are summarized in the conclusion. The introductory chapter presents the direct democracy in a theoretical way and shows how it differs from the representative democracy model. It also contains the definition of the five most respected forms of a direct democracy, which are: referendum, plebiscite, citizen initiative, petition and recall. Following two chapters are focused on the situation in Czech Republic, first in general, then with an emphasis on the municipal scene. Efforts to establish an individual form of a direct democracy can be observed already from the year 1918 with various results, new possibilities appeared later as Czech Republic had entered supranational communities. A local referendum still remains...
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Appeal in civil procedure
Vaníčková, Zuzana ; Frintová, Dita (advisor) ; Zoulík, František (referee)
The aim of this thesis is to describe and analyse the legal institution of appeal in Czech civil procedure. The goal of this thesis is to provide both - (i.) an overview of the issue of appeal in civil procedure and (ii.) an outline of its practical problems and their solutions. Czech legal order distinguishes ordinary and extraordinary legal remedies. The only ordinary legal remedy according to positive law is the appeal. It represents the most frequently used form of a review of judicial decisions. The legal regulation of the appellate procedure in civil cases is enshrined in Act No. 99/1963 Coll. on the Civil Procedure, as amended. The thesis is divided into thirteen chapters, each of them dealing with different aspects of the legal institution of appeal. The first one focuses on its historical development. The next chapter deals with the importance of this procedural institution within the framework of legal remedies. Thereafter the thesis provides a general (theoretical) explanation of an appeal. It is the only ordinary remedy in Czech civil procedure. The concept of an appeal in our national legal system is based on the appellate principle. In the current Czech civil procedure the complete and incomplete appellate systems are both determined and applied. The remaining chapters are devoted to...
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Main Principles and Elements of Roman Procedural Law
Škeříková, Jana ; Skřejpek, Michal (advisor) ; Blaho, Peter (referee) ; Židlická, Michaela (referee)
My doctoral thesis is focused on the main principles and elements of Roman procedural law. However, during my research I realised the terms are very similar. One of the main points of my thesis is dedicated to the constitutional system of Roman republic and its norms, including the very important law codex, the Twelve Tables Law. Moreover, I take the Justinian Codification of Roman law into focus. A very important source is also antique literature, texts of prominent lawyers and various types of administrative acts. A vast inspiration can be found in many European museums. The main principles and elements are applicable to actions, defendants and plaintiffs, to judicial hearing and to the days when judicial hearings could be held. I focus on principle of equity, good faith, and necessity of defense, res judicata, principle of appellation, pecuniary condemnation, and principle of assessment of evidence. The last chapter reviews other principles. It is also important to mention that different types of procedural cases are specific in their own way. I focused on describing the differences as well. My thesis analyzes seven most important principles. The first and the most important one is equity. My research shows that this principle is common to all areas of roman procedural law. I tried to explain...
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Appeals in criminal proceedings
Dvořáková, Radka ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Appeals in criminal proceedings Abstract This diploma thesis deals with appeals in criminal proceedings. The aim was mainly to analyse the current legislation on appeals and the problematic areas of this institute from the perspective of experts in the field of criminal law, where the thesis offers their different views on fundamental issues related to appeals. These questions concern in particular the functioning of this institute in practice, its effectiveness, economy and efficiency, as well as the evaluation of the principles on which the appeal is based with de lege ferenda considerations. For better orientation of this criminal institute the thesis first maps the development of appeals in criminal proceedings during the second half of the 20th century and the 21st century, when three criminal codes and fundamental amendments gradually came into force, in which the regulation of appeals sometimes changed fundamentally to the current form. In order to get acquainted with the essence of the functioning of this institute of work, it also presents the basic principles and principles that are applied in appeal proceedings. The thesis also introduces the reader to the current legislation of the appeal, when it deals with its nature, characteristics and basic properties, discusses the subject, content and...
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The system of remedial measures
Musilová, Markéta ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Theme of thesis The system of remedial measures Abstract This master's thesis deals with the issue of correction systems and remedial measures based on them in the Czech legislation. The aim of this work was to describe individual aspects of the appeal, cassation and revision correction system on the current regulation. This thesis includes the characteristics of correction systems from a theoretical point of view and the application of the principles of correction systems in the Czech legal regulation of remedial measures. The master's thesis consists of seven chapters. The first chapter is a general introduction to the correction procedure. It explains the concept of a correction system and describes the general features according to which the individual systems are divided. The second chapter characterizes the individual correction systems. The chapter is divided into three parts. First, the appeal system is characterized, which is divided into the complete and incomplete appeal system, then the cassation system and finally the revision system. The third chapter is devoted to remedial measures in our legislation. Remedial measures are characterized and proceedings of individual remedial measures within the current legislation are further discussed. This chapter has two parts. The first one is about a...
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