|
|
Liability for Damage Caused by Exercise of Public Authority Focusing on the Institute of Regress Damages
Vyskočilová, Martina ; Sládeček, Vladimír (referee)
Liability for Damage Caused by Exercise of Public Authority Focusing on the Institute of Regress Damages This thesis focuses on liability for damage caused by exercise of public authority with an emphasis on the institute of regress damages as stipulated by Act. No. 82/1998 Sb. The institute of regress is emphasized throughout my paper as the fundamental research questions are: How is the institute expressed by positive law? Is it being used or is it only an empty provision? And how exactly is it being used? What is the success rate? If it is not used, what are possible reasons? The text is divided into four parts with subparts of first and second level. First part analyzes the key terms such as liability, damage, public authority and its entities. There is a disctinction between the public authority entity, who is liable for the damage, and the actual bodies, who exercise the authority. I also included a brief subchapter related to damage caused by lawful exercise of public authority. Second part analyzes how liability for damage caused by public authority is enshrined in the Czech Republic. First I addressed constitutional and international aspects, followed by provisions of Act. No. 82/1998 Sb., which is the foundation stone of the regulation. Third part is dedicated to the institute of regress...
|
|
|
Liability for Damage Caused by Exercise of Public Authority Focusing on the Institute of Regress Damages
Vyskočilová, Martina ; Pítrová, Lenka (advisor) ; Kopecký, Martin (referee)
Liability for Damage Caused by Exercise of Public Authority Focusing on the Institute of Regress Damages This thesis focuses on liability for damage caused by exercise of public authority with an emphasis on the institute of regress damages as stipulated by Act. No. 82/1998 Sb. The institute of regress is emphasized throughout my paper as the fundamental research questions are: How is the institute expressed by positive law? Is it being used or is it only an empty provision? And how exactly is it being used? What is the success rate? If it is not used, what are possible reasons? The text is divided into four parts with subparts of first and second level. First part analyzes the key terms such as liability, damage, public authority and its entities. There is a disctinction between the public authority entity, who is liable for the damage, and the actual bodies, who exercise the authority. I also included a brief subchapter related to damage caused by lawful exercise of public authority. Second part analyzes how liability for damage caused by public authority is enshrined in the Czech Republic. First I addressed constitutional and international aspects, followed by provisions of Act. No. 82/1998 Sb., which is the foundation stone of the regulation. Third part is dedicated to the institute of regress...
|
|
|
The influence of compensations for damages occurring during tax administrative procedure on administrative expenses
Divišová, Tereza ; Vančurová, Alena (advisor) ; Pšurná, Pavla (referee)
This diploma thesis deals with compensation for damages occurring during tax administrative procedure due to maladministration or unlawful decisions. The main aim of this thesis was to disclose influence of compensations for damages and administrative expenses of compensation procedure to the state's budget. Thesis concerns legal frame of compensations for damages, the first part of the compensation procedure which is held by the Ministry of Finance of the Czech Republic, specifically analysis of number of submitted applications for compensation, extent of acknowledged compensations and the most frequent reasons for acknowledgement of compensation. Further thesis deals with court proceedings and recourse against civil servants, which are eligible of causing damages. Significant part of thesis focuses to the estimation of administrative expenses spent in connection with compensation procedure and compares these expenses in years 2010 and 2011 considering the change in organization of state administration since 1. 1. 2011.
|
guest ::
