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Nemo tenetur se ipsum accusare principle
Ryger, Tomáš ; Vokoun, Rudolf (advisor) ; Richter, Martin (referee)
Principle nemo tenetur se ipsum accusare Abstract This thesis is devoted to the principle of nemo tenetur se ipsum accusare (the right against self-incrimination), one of the most important rights of the defense in criminal proceedings. This thesis provides a comprehensive view of the principle of nemo tenetur and its application in the Czech legal system, where special attention is paid to the interrogation of the accused and the witness. Thesis begins with an interpretation of the term "principle" in law and includes the principle of nemo tenetur as a basic principle of criminal proceedings, even though it is not explicitly listed in § 2 of the Criminal Code. The second chapter is devoted to the historical development of the nemo tenetur principle in ancient times and its subsequent development on the territory of the Czech state. In the next part of the thesis, international human rights treaties to which the Czech Republic is bound and which contain the principle of nemo tenetur are examined. Furthermore, the legal embedding of the principle of nemo tenetur in Czech national law, both at the constitutional and statutory level, including the new draft of the Criminal code, is discussed in this chapter. This is followed by a chapter devoted to the interrogation of the accused, where the limits between...
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Declaratory principle in contentious and non-contentious proceedings
Mika, Karel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The topic of this diploma thesis is the declaratory principle in contentious and non- contentious proceedings. The aim of this thesis is to describe how the declaratory principle is applied in both forms of Czech civil proceedings, contentious and non-contentious. There are some differences between application of the declaratory principle in a contentious proceedings and application of this principle in a non-contentious proceedings. Parties are much more free to dispose of their claims in contentious proceedings, because the declaratory principle is one of the main principles of this form of civil proceedings. It is necessary to say that legal system in the Czech Republic is the continental legal system and the declaratory principle is traditional for continental legal system. The declaratory principle also means that the court is limited in its decision making. It is not possible to decide more than it has been asked to. The major part of this thesis is about disposition acts. How it was mentioned before, parties are free to dispose their claims in contentious proceedings and the reason for it is that they are able to use many disposition acts. Each of these procedural acts is defined in its own subchapter of this work and there are also mentioned related judgements. Other parts of this diploma thesis are...
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Legal regulation of sale of property-comparison of current civil code and the proposed new wording of Civil Code
Velas, Michal ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis analyzes the problem of real property selling in the legal sense under Act No. 89/2012 Coll. compared to Act No. 40/1964 Coll. and also contains their comparison. Firstly, the definition of real property and its transfer under Act 40/1964 Coll. is being examined. This paper deals particularly with new principle of superficies solo cedit and influence it has on real property selling, as well as with real property definition. Further issues covered are material publicity, note of disputability and requirement of written form upon transfer of real estate. At the end this thesis compares selected legal concepts and pros and cons brought by new legislation. title: Legal regulation of sale of property - comparison of current civil code and the proposed new wording of Civil Code keywords: real property, sale, legal concept of superficies solo cedit, material publicity, land registry
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Principles of taxes and fees
Kouba, Stanislav ; Vybíral, Roman (referee)
Added value of this thesis is to order principles of taxes and fees into a system, which allows its easier application in context of tax law and law of fees. This system then uncurtain joint relations among these principles and enable its further analysis. The result is a system (tree) of principles within which principles are divided according to different criteria. They can be sorted into three groups, namely the principle of regulatory intent (there are mostly the principles of the other disciplines; these principles determine intent, reason and purpose of the regulation), the principles of regulatory instrument (it is created by the principle of legal state; these principles represents legal dogmatic) and the principles of efficient regulation (here everything follows from the principle of economy). Thesis target on material side of problem which it differs from the other thesis on this topic. An essential partial step toward revealing the system of principles is also a definition of tax and definition of fee and also analysis what is the principle.
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The influence of the profession on the lifestyle of midwives
NESTÁVALOVÁ, Anna
This Bachelor Thesis looks into the topic of "The Influence of profession on lifestyle of midwives." It consists of a theoretical and a research part. In the introduction of the theoretical part, the profession of a midwife is outlined, along with health, its determinants and necessities. Some of the aforementioned necessities are dealt with in detail further. The research part consists of three main goals. The first goal of the Thesis was to find out, whether the profession has an influence on lifestyle of midwives. The second goal was aimed to determine, whether midwives keep the rules of a healthy lifestyle. The last goal of the research was to find out, whether the needs of midwives are somehow affected. To follow the aforementioned goals, three research question were formulated. The first question asks, which influence has the profession on midwives' lifestyle. The second question is aimed on the lifestyle the midwives keep, and the third question inquires, which of the midwives' needs are not fulfilled. For the research part, the qualitative inquiry has been chosen, where the data collection was realized using individual, in-depth, partially structured interviews, which were performed in the course of March 2019. For the interviews, 25 question were prepared in advance. The interviews were, with permission of the midwives, recorded on a dictation machine. First part of the interview were four identifying questions. Further, the midwives were expressing their subjective opinions on the topics of lifestyle, their profession and needs. The interviews were converted word-for-word into writing. For data processing, the text coloring method was used, i.e. paper and pencil. After sorting through and color-coding of acquired responses, three main categories and their subcategories were created. The first category named Lifestyle was split into five subcategories that deal with the meaning of the word lifestyle, food, free time, sleep and lifestyle of midwives. In the second category, the midwife's profession was defined, and following subcategories were created: Midwife in practice, Pros and cons of the midwife's profession and Carrier change. The last category deals with the needs of midwives and consists of subcategories of Need as a concept and Unfulfilled needs. The aim of the thesis is to determine, whether the midwives' profession somehow influences the lifestyle of midwives, what kind of health routine the midwives keep, and which needs are not fulfilled as a consequence of them performing their profession. The research investigation shows that the lifestyle of midwives is influenced by the three-shift work plan, but they don't perceive it as limiting in any way, because they have adapted to this kind of work plan. As they took this factor into account when choosing their career, they didn't consider it a serious issue. Further it was discovered that the lifestyle of midwives is influenced by their age and marriage status. The research investigation showed that midwives acquire lifestyle information predominantly from the internet. It further showed that despite the three-shift work plan, the midwives are trying to keep the healthy lifestyle, however their food habits are influenced by their age. In this career, the problem is not the composition of their diet, but the regularity of their nourishment. Here, the results correspond with next aim, which concerned the unfulfilled needs of midwives. The need of sleep is also not always fulfilled due to the night shifts. In their free time, the midwives predominantly relax or pursue their various hobbies. The research also shows that the midwives would decide to change their career only due to serious problems in the family or an attractive job offer.
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Principles of taxes and fees
Kouba, Stanislav ; Marková, Hana (advisor) ; Boháč, Radim (referee) ; Mrkývka, Petr (referee)
Added value of this thesis is to order principles of taxes and fees into a system, which allows its easier application in context of tax law and law of fees. This system then uncurtain joint relations among these principles and enable its further analysis. The result is a system (tree) of principles within which principles are divided according to different criteria. They can be sorted into three groups, namely the principle of regulatory intent (there are mostly the principles of the other disciplines; these principles determine intent, reason and purpose of the regulation), the principles of regulatory instrument (it is created by the principle of legal state; these principles represents legal dogmatic) and the principles of efficient regulation (here everything follows from the principle of economy). Thesis target on material side of problem which it differs from the other thesis on this topic. An essential partial step toward revealing the system of principles is also a definition of tax and definition of fee and also analysis what is the principle.
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Solidarity in the Charter of Fundamental Rights of the European Union
Laciaková, Veronika ; Scheu, Harald Christian (referee) ; Pítrová, Lenka (referee)
The thesis deals with the Chapter IV named Solidarity of the Charter of Fundamental Rights of the European Union which by its innovative way of elaboration based on the principle of indivisibility of rights provides a set of social, economic and solidarity rights. In the introduction, the thesis briefly describes the concept of solidarity rights and sources of their interpretation and subsequently it defines and analyzes specific rights contained in the relevant chapter of the Charter, also taking into account secondary legislation and case law of the Court of Justice. The second part points out concerns of certain Member States about the inclusion of solidarity rights into the Charter and its consequences concerning restrictive measures in the form of differentiation of the provisions of the Charter between rights and principles, as well as the adoption of the Protocol No. 30 on the application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom. The final part of the thesis examines a position of fundamental solidarity rights in the context of fundamental economic freedoms of the internal market and on specific examples from the decision-making of the Court of Justice demonstrates a shift in the perception of their relationship. Key words: the Charter of...
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Legal regulation of sale of property-comparison of current civil code and the proposed new wording of Civil Code
Velas, Michal ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This thesis analyzes the problem of real property selling in the legal sense under Act No. 89/2012 Coll. compared to Act No. 40/1964 Coll. and also contains their comparison. Firstly, the definition of real property and its transfer under Act 40/1964 Coll. is being examined. This paper deals particularly with new principle of superficies solo cedit and influence it has on real property selling, as well as with real property definition. Further issues covered are material publicity, note of disputability and requirement of written form upon transfer of real estate. At the end this thesis compares selected legal concepts and pros and cons brought by new legislation. title: Legal regulation of sale of property - comparison of current civil code and the proposed new wording of Civil Code keywords: real property, sale, legal concept of superficies solo cedit, material publicity, land registry
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Declaratory principle in contentious and non-contentious proceedings
Mika, Karel ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The topic of this diploma thesis is the declaratory principle in contentious and non- contentious proceedings. The aim of this thesis is to describe how the declaratory principle is applied in both forms of Czech civil proceedings, contentious and non-contentious. There are some differences between application of the declaratory principle in a contentious proceedings and application of this principle in a non-contentious proceedings. Parties are much more free to dispose of their claims in contentious proceedings, because the declaratory principle is one of the main principles of this form of civil proceedings. It is necessary to say that legal system in the Czech Republic is the continental legal system and the declaratory principle is traditional for continental legal system. The declaratory principle also means that the court is limited in its decision making. It is not possible to decide more than it has been asked to. The major part of this thesis is about disposition acts. How it was mentioned before, parties are free to dispose their claims in contentious proceedings and the reason for it is that they are able to use many disposition acts. Each of these procedural acts is defined in its own subchapter of this work and there are also mentioned related judgements. Other parts of this diploma thesis are...
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Principals of tax administration and tax law
Lapková, Veronika ; Klazar, Stanislav (advisor) ; Brabcová, Pavlína (referee)
This thesis deals with main principals of tax administration and tax law, their compliance or violating in particular situations. Presenting of their content and real meaning is provided by description and explanation of their (wrong) application under various circumstances. The Supreme Administrative Court´s case laws and jurisprudence of the Constitutional Court are significant sources of information in this part. Along with accompanying effects arising from violating the principles this thesis continues with analysis of Working pensioners affair, especially the case n. Pl. ÚS 31/13. Here the provision of § 35ba art. 1 l. a) Income Tax Act has been contested according to which the tax of a taxpayer, who is a recipient of an old-age pension benefits from statutory pension insurance scheme or similar abroad one at 1st January of the taxable period, shall not be reduced by the basic amount of 24 840 CZK. There are not omitted demographical, legal and economic aspects of the affair in this thesis as well as relevant regulatory development for the years 2000 to 2015. The thesis brings evaluation of compliance or violating of the principles of tax administration and tax law through the analysis of key elements in own review.
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