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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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The Power to Moderate in the Czech Administrative Justice
Jílková, Nikola ; Staša, Josef (referee)
The subject of my qualification thesis is based on the institute of moderation right of courts, with its application areas including, apart from other branches of private law (such as civil justice) and public law (such as criminal justice), the area of administrative justice. The qualification thesis consists of eight parts. Part one defines general principles of the mentioned moderation right of courts, with a focus on the right of access to court in administrative justice, and on Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms as the theoretical basis of moderation right of courts. The first part continues with a consideration of the scope and limits of court powers when they review decisions on administrative penalties and the very essentials of the requirement for proportionality of administrative penalty. Part two begins with an analysis of the moderation notion and goes on to explain the purpose proper and the system of the moderation right of courts in administrative justice, with a consideration on how this purpose is seen by administrative courts themselves. Part three describes the individual legislatively defined conditions under which the moderation right may be applied by administrative courts, including a critical analysis of these conditions....
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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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Committing misdemeanors in relation to addictive substances.
Schovancová, Petra ; Fidesová, Hana (advisor) ; Šejvl, Jaroslav (referee)
Background - The thesis deals with the topic of committing misdemeanors related to addictive substances. It focuses on primary and secondary misdemeanors, in particular in the areas of public order, cohabitation, property, health protection from harmful substances and others, sometimes also called "general misdemeanors". A systematic collection of information on this issue is only carried out for some primary misdemeanors, and systematic data collection is not available for secondary misdemeanors. Objectives - The aim of this work is to provide information on the rate of committing misdemeanors in relation to addictive substances, i.e. primary and secondary, and knowledge of the occurence and frequency of specific misdemeanors of this issue. Methods - The research part was conceived as a pilot study. For the purposes of the research, the data were obtained through a content analysis of the files kept at the misdemeanor department of the City of Liberec. In the sample, the method of deliberate selection included files that met the basic criteria, namely that the offender committed an offense in connection with an addictive substance, either under its influence or for its action or against drug legislation, or can be assigned to a group of primary or secondary misdemeanors. Data was evaluated in...
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