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Eesponsibility of business entities for admnistrative tfenses
Bače, Václav ; Prášková, Helena (advisor) ; Adamec, Martin (referee)
The presented diploma thesis aims to introduce the addressee of the text to the institute of liability of entrepreneurial natural persons for administrative delicts, which was introduced into the Czech legal system as a separate liability regime only with the adoption of Act No. 250/2016 Coll., on Liability for Administrative Delicts and Proceedings. Although an entrepreneurial natural person could, of course, have been the perpetrator of an administrative delict before, it was only with the adoption of the Act that its liability for administrative delicts was completely separated from the liability of a legal person for administrative delict. Therefore, the author of the thesis decided to discuss the regime of liability of an entrepreneurial natural person for administrative delicts in such a way that the addressee of the text would be able to get to know all important aspects of the functioning of the liability regime of an entrepreneurial natural person. The structure of the thesis consists of eight chapters including the conclusion. In the first chapter, the author defined the basic institutes constituting the very concept of liability of an entrepreneurial natural person for administrative delicts. Subsequently, the author portrayed the development of the liability for administrative delicts...
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Public liability of members of municipal bodies in public administration decision-making process
HRUBEŠOVÁ, Patricie
The thesis focuses on the issue of public liability of persons in relation to their membership and decision-making in elected bodies of local governments. The work presents theoretical background related to the issue of public liability of individual members of municipal bodies, while these theoretical findings are further applied in the practical part, which contains the characteristics of available statistics of crimes committed by persons in this position. The overall data is then supplemented by the data obtained in fifty municipalities of the South Bohemia Region, on the basis of which the current situation and developing tendencies in this area are derived, including a demonstration of the possible negative financial impact on municipal finances. The resulting conclusions are critically evaluated with suggestions of examples of adequate responses to the current situation and its improvement in the future.
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Material aspect of Administrative Offences
Scheuer, Jan ; Adamec, Martin (referee)
The thesis is devoted to the examination of the material aspect of administrative offences. It opens with the basic theoretical background, summary of the literature and historical excursion. Main part of the thesis is focused on a detailed analysis of the material aspect of the administrative offences from the perspective of legislation, case law and administrative practice. The author approaches the topic in an analytical manner, identifies possible ambiguities and offers suggestions for their elimination.
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Přestupkové řízení
Skřičková, Martina
This bachelor thesis deals with the misdemeanour proceedings. The theoretical part describes the basic concepts and principles related to the misdemeanour proceedings. It also describes the course of the proceedings and subsequently, gained knowledge of proceedings is applied to the present case. The thesis also refers to the amendments of § Law.
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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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Imposition of Administrative Sanctions
Bušák, Ladislav ; Prášková, Helena (advisor) ; Adamec, Martin (referee)
Imposition of Administrative Sanctions Abstract The master's thesis makes a critical analysis of the current legal regulation of imposing administrative sanctions for infractions under the administrative infractions act and attempts to evaluate its simplicity and efficiency. It is the effort to simplify this regulation with regard to its application by administrative authorities that the legislators had in mind when adopting the new administrative infractions act. The thesis especially deals with the issues of individual aspects which an administrative authority is obliged to take into account when sanctioning the offender, so that an adequate administrative sanction is imposed that takes the circumstances of the case as well as the person of the offender into consideration. Therefore, it looks primarily at the relevant regulation of the administrative infraction act, with partial overlaps into the legal rules introduced in special laws regulating the individual facts of infractions. Apart from this, the work also surveys sanctioning of the multiplicity of infractions when it analyses the recent regulation of imposing administrative sanctions for perpetually committed infractions, as well as concurrent infractions, and explains how an administrative body imposes an administrative sanction in a summary...
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Liability of legal entity for an administrative delict
Bazsová, Melinda ; Prášková, Helena (advisor) ; Adamec, Martin (referee)
The topic of this Master's thesis is the liability of legal entities for administrative delicts. With the adoption of Act No. 250/2016 Coll., on liability for administrative delicts and the proceedings thereon, the legal regulation of administrative delicts and misdemeanours has been unified under a single category, which is misdemeanours. This legislation thus includes both the regulation of delicts committed by natural persons and the regulation of delicts committed by legal persons. The aim of this thesis is to explain the prerequisites for the liability of legal persons for misdemeanours with regard to the specific nature of legal persons and to point out the close connection between the provisions of civil law (in particular the Civil Code) and the legal regulation of the liability of legal persons for misdemeanours under the Misdemeanours Act. The first chapter briefly introduces the sources of legal regulation of administrative punishment in general. The second chapter deals with the regulation of legal persons contained in private law, taking into account the liability of legal persons for offences. It analyses the status issues of legal persons, as well as the individual conceptual features of legal persons and addresses the issue of attributability of acts of natural persons to legal...
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First-instance proceedings for administrative transgressions
Novotná, Martina ; Prášková, Helena (advisor) ; Kopecký, Martin (referee)
The offence proceedings are a special type of the administrative proceedings, through which the administrative body adjudicate on the accused of the offence and his guilt and punishment. The purpose of the offence proceedings is to find out solution of a question, if the offence was committed and who is responsible for that. The offence proceedings are regulated mainly in the code no. 200/1990 Sb., Act on Transgressions, and subsidiary in the code no. 500/2004 Sb., Administrative Procedure Rules. Also legal principles are very important and influencing the offence proceedings. The offence is the object of the offence proceedings. The offence according to the Czech legal system is considered as a wrongful act which is injurious to the public as the crime is, but the difference between them is that the offence is less serious than a crime. The participants and the administrative body are the subjects of this type of proceedings. The offences are heard by the administrative body and the administrative body decides on rights and impose the obligations towards the offender. The participants of the offence proceedings are the accused of the offence, the aggrieved party, the owner of the thing, that might be confiscated, and the applicant, who put the petition. Before the offence proceedings begin, there is a...
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