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Journal articles on the topic 'Czech system of law'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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1

Kudrna, Jan. "Two preambles in the Czech constitutional system." Acta Juridica Hungarica 52, no. 1 (March 2011): 19–28. http://dx.doi.org/10.1556/ajur.52.2011.1.2.

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2

Yu. Melnikov, Victor, Marina A. Cherkasova, Evgeniya S. Selivanova, Andrei V. Seregin, K. A. Dolgopolov, and Anna V. Aleksandrova. "THE EGALITARIAN PRINCIPLES OF THE OLD BOHEMIAN STATEHOOD AND THE LEGAL SYSTEM." Humanities & Social Sciences Reviews 7, no. 4 (October 5, 2019): 921–25. http://dx.doi.org/10.18510/hssr.2019.74124.

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Purpose: The article is devoted to the study of egalitarian principles of medieval Czech statehood and the legal system. Methods: The authors pay special attention to the peculiarities of family self-government of the Czech communities, the institution of hazing in land law and the mechanism of reconciliation as an alternative to the death penalty. Findings: The paper proves that tribal remnants of the customary law of the ancient Czech people in the medieval era contributed to the preservation of egalitarian democratic principles of public administration and justice.
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3

Valentova, Eva. "Waste Management in the Czech Republic." Journal for European Environmental & Planning Law 2, no. 6 (2005): 502–11. http://dx.doi.org/10.1163/187601005x00507.

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AbstractMajor changes have taken place in the Czech waste management system based on national waste treatment legislation adopted in 2001. This legislation revised the interpretation of essential terms, including "waste", so as to reflect new developments in the field of EU waste management. It also adopted new strategies in the area of waste classification and waste management; as a fundamental principle, waste recovery is now given priority over waste disposal. Waste management plans have become a critical component of the Czech waste management system. The powers and responsibilities of municipal councils and State authorities have also been re-organised.
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4

Osina, Petr. "Legal education in the Czech Republic." Opolskie Studia Administracyjno-Prawne 15, no. 4 (December 10, 2017): 39–51. http://dx.doi.org/10.25167/osap.1231.

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The article deals with the system of legal education in the Czech Republic. It briefly describes four public law schools and their history. It also analyzes basic study programmes which are provided by these law schools. The third part of the article describes the main legal professions and their prerequisites.
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Stejskal, Vojtêch. "Nature Conservation and Landscape Protection Including the Natura 2000 Network in the Czech Legal System." Journal for European Environmental & Planning Law 4, no. 2 (2007): 117–26. http://dx.doi.org/10.1163/187601007x00127.

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AbstractThe Czech Republic has been a party to most of the important multilateral international nature conservation and biodiversity protection agreements. In 1992 there was adopted the Act No. 114/1992 Coll., on nature conservation and landscape protection. This Act is the basic Act in the area of nature and biodiversity protection and management in the Czech Republic. The Act and the providing legislation are only partially compatible with the EC secondary law, namely Habitats and Birds Directives. But the most problematic issue is an enforcement of nature protection law in practice.
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6

Kysela, Jan, and Zdeněk Kühn. "Presidential Elements in Government The Czech Republic." European Constitutional Law Review 3, no. 1 (February 2007): 91–113. http://dx.doi.org/10.1017/s1574019607000910.

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History of the Czech presidency – Constitutional status of the President – Personal powers and powers subject to countersignature by the Premier – Presidency of V. Havel and V. Klaus – Emerging constitutional conventions – Appointment of judges – Resignation of Ministers and Appointment of Premier – Legislative veto – Moderation of the constitutional system rather than implementation of a political programme – Importance of the political context – Parliamentarianism with a relatively influential President.
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7

Koudelková, Petra, Wadim Strielkowski, and Denisa Hejlová. "Corruption and System Change in the Czech Republic: Firm-Level Evidence." DANUBE: Law and Economics Review 6, no. 1 (March 1, 2015): 25–46. http://dx.doi.org/10.1515/danb-2015-0002.

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Abstract Corruption is a widespread phenomenon in all countries undergoing market transition. However, the Czech Republic stands apart, with its incredible entanglement of corruption, politics and business. Although corruption on the firm level in the Czech Republic is heavily criticized, the results of our in-depth interviews conducted with Czech SMEs showed that almost every firm has encountered some form of corruption and even used corruption to either increase sales, help negotiations, or increase production. Most of our respondents admitted that corruption was useful for day-to-day business. This article aims to obtain information about the state of corruption in enterprises in the Czech Republic and map the behaviour of entrepreneurs in companies. Our results offer ways to fight corruption: apart from highlighting the negative traits of corruption, emphasis should be made on determining to what extent corruption would be acceptable for firms and their clients. This could be useful for designing various state policies that might influence system change and market development in CEECs and both directly and indirectly influence the volume of corruption.
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Kocowska-Siekierka, Elżbieta. "Prawo inspirowane życiem — nowy czeski Kodeks cywilny regulacja prawa spadkowego." Prawo 323 (December 29, 2017): 47–56. http://dx.doi.org/10.19195/0524-4544.323.6.

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Life inspired bill for life — the new Czech Civil Code Inheritance LawThe paper aims at investigating how the Czech Republic member of the European Union deals with the problem of recodification of the Civil Law after political system transformation. The paper presents changes in Inheritance Law that strengthening testamentary freedom and modify the pur­view of family protection.
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9

Ronovská, Kateřina, and Vlastimil Pihera. "Foreign trusts in the Czech Republic: mostly recognized and (sometimes) registered." Trusts & Trustees 26, no. 6 (July 1, 2020): 527–33. http://dx.doi.org/10.1093/tandt/ttaa041.

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Abstract In connection with the recodification of private law in effect from 2014, several innovations have appeared in the Czech legal system. Among them were trust funds, i.e. Czech trust-like instruments, as well as rules for recognizing foreign trust structures. Although their position has significantly improved as a result, the operation of foreign trust structures in the Czech Republic still gives rise to some questions to which the current Czech law does not have any clear answers. Drawing attention to those issues, the aim of this article is to suggest some measures that can be taken in order to limit the risks arising in relation to foreign trusts.
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10

Hrnčiříková, Miluše, and Lucia Valentová. "RECOGNITION OF SURNAMES IN CZECH LEGISLATION AND JUDICATURE." Review of European and Comparative Law 29, no. 2 (June 15, 2017): 9–32. http://dx.doi.org/10.31743/recl.4265.

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There are more thent 13 milion EU citizens livinig outside of the country of their nationality and the recognition of their legal status, incl . their names and surnames, is often essential for the maintenance of their personal and cultural identity . This article focuses on the allowed form and recognition of surnames of natural persons in the EU . This question will be examined within the Czech legal system, but the emphasis will be placed on the case-law of European courts that greatly affects and shapes this area of law in the EU member states . The regulation of surnames represents questions of the national, international and European law, as well as privat law, public law and primary and secondary Union law
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11

Crawford, Keith. "A system of disproportional representation: The proposed electoral law for the Czech republic." Representation 38, no. 1 (March 2001): 46–58. http://dx.doi.org/10.1080/00344890108523158.

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12

Syrovátka, P. "Food expenditures of Czechs’ households and Engel’s law." Agricultural Economics (Zemědělská ekonomika) 49, No. 10 (March 2, 2012): 487–95. http://dx.doi.org/10.17221/5437-agricecon.

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The paper analyses the pay system in a particular enterprise in the Czech Republic and proposes a change in this system. The establishment of two scales based on pay classes per month is proposed: one scale that allows for overlaps of pay classes but does not allow for overruns into other categories, and another scale that allows for no overlaps at all.
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13

Сакович, Ольга, and Olga Sakovich. "PLEDGE LAW REGULATION IN THE NEW CIVIL CODE OF THE CZECH REPUBLIC." Journal of Foreign Legislation and Comparative Law 3, no. 4 (August 23, 2017): 87–92. http://dx.doi.org/10.12737/article_598063fadb5351.90879993.

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This article is devoted to analysis of the pledge law regulation in the Civil Code of the Czech Republic. The Civil Code was adopted within a private law reform. The author addresses the fact of renouncing dualistic system of private law. The notion of pledge in Czech law is discussed. The article places special emphasis on the evaluation of the pledge agreement’s position in the pledge relationships together with correlation of the contract and law’s state in course of pledge agreement negotiation. Requirements to the form of contract and its content depending on a pledged assets are esteemed. The article also includes comment on the Czech law approach to the registration of the pledge titles and security interests. The articles of the newly adopted Civil Code are compared with prior legal regulation in the Czech Republic. The author focuses on characteristics of special types of pledge such as pledge of shares, securities, account of paperless securities’ owner, rights in action and special property. The procedure for levying execution is examined in the article in combination of analysis of the role of parties’ declaration of intent in a process of selection of assets disposal method. There are such methods as public sale and enforced sale. Both methods’ procedures are regulated by special laws. The article gives priority of claims in case of asset disposal which is stipulated by the Civil Code.
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14

MacGregor Pelikánová, Radka, Eva Daniela Cvik, and Robert MacGregor. "Qualified Electronic Signature – eIDAS Striking Czech Public Sector Bodies." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 67, no. 6 (2019): 1551–60. http://dx.doi.org/10.11118/actaun201967061551.

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Electronic IDentification, Authentication and trust Services (“eIDAS”) is a standardized system for trustworthiness, effectiveness and efficiency. Since 2018, Czech public sector bodies have to use qualified electronic signatures when officially acting via electronic documents. This calls for a pioneering study entailing three purposes: (i) to identify provisions set by the EU law and Czech law of this duty and to interpret them, (ii) to study and assess how this duty is materialized and observed while using a pioneering Czech micro case study and (iii) to discuss and compare the yielded results with the status quo in other EU member states. A multi-disciplinary and multi-jurisdictional research of primary and secondary sources is performed along with a Czech micro case study exploring the readiness, implementation and consequences of this new duty on five Czech public sector bodies – Prague municipalities. The qualified electronic signature is a reality in the EU, but its standardized use is welcome and materialized with varying intensities.
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15

Holas, J., and M. Konvicková. "Legislative tools in the Czech watershed management policy." Water Science and Technology 33, no. 4-5 (February 1, 1996): 39–44. http://dx.doi.org/10.2166/wst.1996.0486.

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Potential environmental impacts as a result of large-scale farming system in the Czech Republic have created a great deal of concern in recent years. This concern has led to several studies to identify the role of new regulations, directives and other legislative issues in the field of water pollution control. The set of legislative tools related to watershed management policy to promote better agricultural practices is shortly reviewed. The paper emphasises the running water law system amendment with respect to European community water quality regulations.
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16

Chmelíková, Gabriela. "Framework of performance measurement system for Czech small breweries." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 59, no. 7 (2011): 167–76. http://dx.doi.org/10.11118/actaun201159070167.

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In spite of increasing interest on performance measurement systems during last 30 years, there is not visible any significant deviation from widely used financial measures in Czech business environment. These are generally criticized on account of several reasons: lag information content, bad fitting with information age competition and difficult communication to employees. Shift from the financial perspective to the non-financial one within the performance management invoked genesis of different performance measurement systems. The aim of this paper was therefore to establish the status of current knowledge in the area of performance measurement systems for small and medium enterprise. This theoretical phase of the research was based on the study of up-to-date reviews and it focused on the description of the most recent performance measurement systems. Further after considering Czech business specifics suitable base for performance measurement system was chosen and the framework of whole performance measurement system not dissimilar to Balanced Scorecard was designed. After considering the circumstances of the micro-brewing segment in the Czech Republic this article resulted in designing an example system suitable for usage among Czech micro-breweries.
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17

Polčák, Radim. "Stone Roots, Digital Leaves: Czech Law against Unfair Competition in the Internet Era." Review of Central and East European Law 33, no. 2 (2008): 155–80. http://dx.doi.org/10.1163/092598808x262588.

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AbstractThe law against unfair competition is traditionally understood in countries of the Alpine legal system as extraordinary and unconventional. Unlike other legal disciplines, it does not rely on black-letter law; it is less formal and less legislatively elaborative in detail. Thus, progress and development in this area is not a matter for the legislator but for broad practically-driven doctrinal work connected to contemporary case law. When the Internet brought new opportunities in the development of business ventures, Czech law against unfair competition did not react with legislative changes but by the further development of standard interpretational patterns. In this article, we will briefly describe the grounds as well as recent related developments in the Czech law against unfair competition connected to unfair business practices on the Internet.
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18

Moravec, Tomáš, and Petr Valenta. "The Comparison of Efficiency of Disqualification of Directors in New Czech Business Corporation Act and in the Legal System of England." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 63, no. 5 (2015): 1711–17. http://dx.doi.org/10.11118/actaun201563051711.

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The article deals with regulation of director’s disqualification in the new Czech Business Corporation Act and in the Company Directors Disqualification Act in England. The cornerstone of this article is to perform the economic analysis of the disqualification of directors according to the theory of Law and Economics. There are defined common and different points in both regulations. Furthermore this article derives and forecasts the probable number of court proceedings concerning disqualification before Czech courts in 2014. Moreover this article discusses the examples of a situation when the member of company body breaches the law or not. Last point of research is focused on asymmetric information and positive externalities of public register of disqualified persons. The article also provides future recommendation for legislator to create more effective rules.
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19

Coufalová, Bronislava. "Criminal Responsibility and the System of Sanctioning Juvenile Offenders in the Czech Republic and Hungary." International and Comparative Law Review 18, no. 2 (December 1, 2018): 237–50. http://dx.doi.org/10.2478/iclr-2018-0049.

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Abstract The criminal responsibility and the system of sanctioning juvenile offenders is one of fundamental criminal law issues. Individuals who start a criminal career early on are usually not easy to reintegrate into normal life. That is one reason why it is neces­sary to discuss the problem of juvenile justice in depth. The legal literature in the Czech Republic is devoted to this topic on a large scale, however Hungarian legislation has not yet been analysed fo purposes of comparation. The Czech Republic and Hungary fall under the United Nations categorization to Eastern Europe and therefore certain similar features can be assumed. On the other hand any identified differences may be the basis for future changes of the legislation.
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20

Nemec, Juraj, Marek Pavlík, Ivan Malý, and Zuzana Kotherová. "Health policy in the Czech Republic: General character and selected interesting aspects." Central European Journal of Public Policy 9, no. 1 (May 1, 2015): 102–13. http://dx.doi.org/10.1515/cejpp-2016-0005.

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Abstract Transformation of the health care system was a task faced by all formerly socialist Central and Eastern European countries. The years of changes revealed a large number of problems, including those induced by the limited capacity of governments to formulate and implement health care reforms. The goal of this article is to reflect the Czech situation. We start by summarizing the historical development of the Czech health care system in the context of government capacity for implementing health policy. In the core parts of this article, we highlight the main features of Czech health policy making and implementation and present an in-depth analysis of two selected country-specific issues - a low level of patient co-payments and a pluralistic insurance-based financing of health services.
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Сакович, Ольга, and Olga Sakovich. "NONPROFIT LEGAL ENTITIES IN THE LEGISLATION OF CZECH REPUBLIC AND SLOVAKIA." Journal of Foreign Legislation and Comparative Law 2, no. 1 (March 16, 2016): 0. http://dx.doi.org/10.12737/18184.

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The author observes different stages of legal regulation of nonprofit organization activities from 1990 till our days in Czech Republic and Slovakia in presented article. The author attends the reforms of civil legislation, which were carried out in this states, and notes the differences in methods of carrying out the reforms in Czech Republic and Slovakia, in spite of existing dualism of private law in both countries. The article reveals the results of Czech reforms of legislation, regulating nonprofit legal persons. The author examines the established system of common and special laws, regulated nonprofit organizations in Czech Republic and Slovakia and points out their identity and differences. Author reviews the law terms which are used in legislation and science literature of both states. Also author underlines that in the civil codes of Czech Republic and Slovakia legal persons are not divided into commercial legal entities and nonprofit legal entities. The types of nonprofit organizations in Czech Republic and Slovakia are examined in the present article and the main attention author pays to government legal persons and their structure. Author explores legislative regulation of commercial activities of nonprofit organization. Also author of the article pays attention to fundraising of nonprofit organizations and their taxation. On the basis of the research the author defines the trends of legal regulation of this category of legal persons, and underlines the importance of the nonprofit sector in social and economic life in the Czech Republic and Slovakia.
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Vojtěch, Jakub. "Islamic Banking: Regulatory Background from the Czech Perspective." International and Comparative Law Review 15, no. 2 (December 1, 2015): 123–34. http://dx.doi.org/10.1515/iclr-2016-0039.

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Abstract The term “Islamic banking” denotes the banking services in compliance with Islamic law and is nowadays a rapidly expanding, global industry based on a traditional fourteen centuries old legal system. The European market is witnessing growing Shari’acompliant assets especially in the last few years and even non-Muslim countries have been trying to find legal solutions to accomodate Islamic financial institutions. This new academic and business field is raising important issues that merit discussion and this text serves as a contribution to the debate. In the paper I am trying to depict the key and distinguishing features of the Islamic banking model and reflect its law regulation from the point of view of the Czech legislation in the light of the continuing growth and expansion of Islamic banking and finance. The main objective of this article is to find out whether the legal framework of the Czech Republic covers the practice of Islamic finance and also to consider and identify potential legal obstacles.
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23

Ščerba, Filip. "The Use Of Alternative Measures In The Czech Republic." Baltic Journal of Law & Politics 6, no. 1 (June 1, 2013): 89–105. http://dx.doi.org/10.2478/bjlp-2013-0005.

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ABSTRACT This article deals with Czech legal regulation of alternative measures and their use in practice within the Czech criminal justice system. Attention is focused on procedural alternative measures, i.e. diversions in criminal proceedings, as well as on alternative punishments. The development of Czech criminal law has been strongly influenced by the conception of restorative justice, which was the base for the effort to spread the scope of alternative measures and to reduce the number of the imprisoned. But the introduction of new measures (diversions, community service, house arrest, etc.) was accompanied by some problems regarding their use in practice; some of them were connected with legal regulation, other ones were caused by incorrect use. The article identifies these problems (also through analysis of statistical data) and also describes solutions to the problems.
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Ščerba, Filip. "The Concept of Plea Bargaining Under the Czech Criminal Law and the Criminal Law of Other Countries Within the Region of Central Europe." International and Comparative Law Review 13, no. 1 (June 1, 2013): 7–22. http://dx.doi.org/10.1515/iclr-2016-0055.

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Abstract The article deals with the specific instrument used in criminal proceedings called as plea bargaining, or agreement upon the guilt and punishment (in the Czech legal regulation). This instrument is considered as one of the main measures used for acceleration of criminal proceedings and for criminal justice rationalization. Plea bargaining originally belongs to the system of criminal law in the countries belonging to the Anglo-Saxon legal order, but it has been implemented also into the legal orders of countries in Middle Europe region during last decade. Such implementation in connected with some important problems related to the different characteristics of criminal proceedings. The article solves some of these problems, primarily the collision with the basic principles of continental system of criminal law.
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25

Radvan, Michal. "Tax Law as an Independent Branch of Law in Central and Eastern European Countries." Lex localis - Journal of Local Self-Government 12, no. 4 (October 6, 2014): 813–27. http://dx.doi.org/10.4335/12.4.813-827(2014).

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Tax law science has a longstanding tradition in the USA and Western Europe and is sufficiently advanced that the question is hardly even posed whether tax law can be considered an independent branch of law. In contrast, Central and Eastern European legal science has only recently admitted the independent existence of financial law. Financial law, however, is a very broad area of law covering public finance, the financial sector (banking, insurance, capital markets), currency and foreign exchange, accounting, etc. In the next phase of development of financial law it will be necessary to react to these facts, which will without doubt lead to a diversification of financial law. The main goal of this article is to confirm or refute the hypothesis that tax law is an independent branch of law in Central and Eastern European countries, specifically in the Czech Republic, Slovakia, Poland and Hungary. For that purpose the criteria for being considered an independent branch of law are analyzed, namely: separate and specific object of legal regulation, method of legal regulation, system and system coherence of legal norms, and social acceptance of the branch.
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Hamuľák, Ondrej, and Tanel Kerikmäe. "Indirect Effect of EU Law under Constitutional Scrutiny – the Overview of Approach of Czech Constitutional Court." International and Comparative Law Review 16, no. 1 (June 1, 2016): 69–82. http://dx.doi.org/10.1515/iclr-2016-0005.

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Summary The paper deals with the non-normative impacts of the EU law in the national legal systems (Czech Republic in particular) and focuses on the approach of the Czech Constitutional Court (CCC) towards the so-called principle of indirect effect of EU law. The authors examine the case law of CCC and offer the conclusions about the place, constitutional relevance and (national) limits of the EU-consistent interpretation of national law. CCC up to date case law clearly indicates that a EU-consistent interpretation is the most ideal tool for meeting the Czech Republic’s membership obligations. But it is simultaneously a tool for preserving the autonomy of the national authorities applying law and reduces possible tensions between supranational and nation law. CCC accepts the indirect effect broadly and used this concept even in controversial cases (European arrest warrant, State responsibility for damages etc.). But still it does not approach this effect without reservations. CCC points on the necessity to protect the fundamental constitutional values (‘Solange’ concept) even in connection with the duty of EU-consistent interpretation.
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Junova, Iva, and Gabriela Slaninova. "Topical questions of the substitute family care in the Czech Republic with a special attention to the process of foster families preparation." SHS Web of Conferences 51 (2018): 03002. http://dx.doi.org/10.1051/shsconf/20185103002.

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Authors deal with the substitute family care in the Czech Republic. Attention is concentrated on a conception of the substitute family care as a form of a children care in that children are raised by “substitute” parents in an ambience that is very similar to a natural family life. In the Czech Republic, the substitute family care is always preferred to an institutional upbringing. The aim of the article is to describe the system of the substitute family care in the Czech Republic and to introduce a foster care as one of the institutes of the substitute family care. Authors paid attention to a foster care and to a temporary foster care in the context of a professional preparation of foster families. The professionally led preparation in the Czech Republic is legally regulated by performing some law provisions of the social and legal children protection.
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Feldek, Michael. "Guarantee for the value added tax." Financial Law Review 20, no. 4 (2020): 35–52. http://dx.doi.org/10.4467/22996834flr.20.019.13091.

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The paper examines legal disputes arising from the questionable implementation of article 205 of the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax into the Czech legal order. The main aim of the paper is to find out whether the provisions resulting from that implementation are applicable, and if so under what conditions. Author draws conclusions mainly from case law of the Court of Justice of the European Union and Czech Supreme Administrative Court and uses analysis, synthesis and descriptive method.
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Otavová, Milena, and Veronika Sobotková. "VAT application in travel services pursuant to the Czech and EU legislations and a proposal for amendments in the Czech value-added tax law." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 58, no. 6 (2010): 345–54. http://dx.doi.org/10.11118/actaun201058060345.

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The domain of value-added tax has been already fully harmonized. Its regulation dwells on the Council Directive 2006/112/EC on the common system of value-added tax, and all member countries of the European Union are obliged to provide for the implementation of this Directive into their national legislations similarly as the Czech Republic, which entered the European Union on 1 May 2004. The Act no. 235/2004 Coll. on the value-added tax as amended (hereinafter „value-added tax law“) should be therefore in line with the Directive. In reality however, some issues in the VAT law have not been fully harmonized yet. One of these issues is for example the application of a special routine for travel services according to §89 of the VAT law, which is in essential contradiction with the Directive in question, the controversial point being definition of the person of customer whom the Directive understands in a different way than the VAT law. Thus, the characterization of the problem based on the Czech and EU legislations with respect to jurisdiction of the Court of Justice of the European Community forms a framework of the paper. Based on a comparative analysis of the application of special and ordinary routines in providing travel services to the customer by the taxpayer, tax incidence in his assessment base is determined. At the same time, the paper also includes a proposal for the change of the definition of customer in the VAT law so that the application of the given routine is fully in line with the EU Directive.
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Gwoździewicz, Sylwia. "THE MINORS IN PENAL SYSTEMS IN SELECTED COUNTRIES OF THE EUROPEAN UNION." International Journal of New Economics and Social Sciences 1, no. 1 (June 30, 2015): 0. http://dx.doi.org/10.5604/01.3001.0010.3758.

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In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the different traditions of legal systems, and partly due to various axiomatic justifications formulated in these matters. Review of legislation on minority in selected European countries: Poland, Slovakia and the Czech Republic shows that in terms of the approach to the problem of minority in all legal systems, specific interaction of children and young people who come into conflict with the criminal law are included, as well as those that show signs of corruption, making their proper personal and social development threatened. Adoption of selected concepts of minors legislation, however, does not mean more or less severe approach to the liability of minors.Both discussed issues the theoretical and practical ones, are the subject of the deliberations beneath, their structure includes: <br/>1. Problems of minors in the European countries <br/>2. Minors in Polish criminal justice system <br/>3. Minors’ responsibility in Slovakian criminal justice system <br/> 4. Czech criminal justice system in relation to a minor
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31

Branis, Martin. "A system of certified environmental impact assessment experts in the Czech Republic." Environmental Impact Assessment Review 14, no. 2-3 (March 1994): 203–8. http://dx.doi.org/10.1016/0195-9255(94)90035-3.

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32

Školkay, Andrej. "Can a “Lone wolf ” quasi-investigative journalist substitute low functionality of the law enforcement system?" Central European Journal of Communication 9, no. 2 (August 17, 2016): 197–212. http://dx.doi.org/10.19195/1899-5101.9.2(17).4.

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The present article analyzes a relatively unusual case, in which a quasi-investigative journalist, working in an entirely independent capacity, succeeded in uncovering and foiling an international money laundering attempt. This extremely significant story reveals the existence of a complex legal framework for tackling money-laundering operations in the EU. In this particular instance, local police and prosecutors were unable to take action against the perpetrator of illegal activity, as the case did not fulfill conditions of local legislation. The present study thus draws attention to the weakness of anti-corruption and anti-money laundering legislation. It provides evidence that a non-affiliated journalist can also be a great asset to society, although the actual mostly low coverage of the case indicates a poor media understanding of the social implications of crime detection across both the Czech Republic and Slovakia.
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Gejdoš, Miroslav. "PECUNIARY PENALTY AS AN ALTERNATIVE CONCEPT OF PUNISHMENT IN THE CRIMINAL LAW SYSTEM IN SLOVAKIA." International Journal of Legal Studies ( IJOLS ) 1, no. 3 (June 30, 2018): 111–20. http://dx.doi.org/10.5604/01.3001.0012.2162.

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In this expert contribution, the author deals with the description of alternative penalties in a broader sense and with their meaning. In particular, the author focuses on the issue of pecuniary penalty by its definition and position in the criminal law system in Slovakia. The contribution professionally explains the execution and imposition of this alternative penalty in the conditions of the Slovak Republic as well as a comparison with the Czech Republic. The role of the pecuniary penalty is to keep the convict out of prison and to impose such a type of pen alty that will prevent the convict from committing further criminal offences, will protect the society and, last but not least, will meet demands of the victims of the crime. The aim of the alternative concept of punishment is to consolidate the perpetrator’s habits and attitudes necessary for leading a proper life.
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34

Radvan, Michal. "New Tourist Tax as a Tool for Municipalities in the Czech Republic." Lex localis - Journal of Local Self-Government 18, no. 4 (October 29, 2020): 1095–108. http://dx.doi.org/10.4335/18.3.1095-1108(2020).

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The Czech Republic is one of many states where the new legal regulation of tourist taxes was introduced to limit the shortcomings of the original regulation. The aim of this paper is to define the opportunities and threats of the new regulation in the Czech Republic in the area of tourist taxes. To achieve the purpose of this article, the tourist tax is defined and Czech legal regulation valid until the end of 2019 and since 2020 in the given area is analysed. The hypothesis that the new regulation is perfect and ideal for the tax administration and for the municipalities was confirmed only partially. While most of the critical issues were solved and the new tourist charge is a good step for both municipalities and the tax administration, the charge rate of 21 CZK in 2020, resp. 50 CZK in the following years is not adequate. With the new regulation, municipalities got new opportunities, primarily to increase their revenues. The single tourist charge makes the system easier for all stakeholders: for municipalities, for tourists, and for quartermasters. Issues arise especially concerning the simplified evidence and the non-chargeable long-term stays. Municipalities should be particularly careful when defining the exemptions and differentiating the charge rate for specific dates in the year, or specific parts of the municipality. The unequal treatment might be seen as discrimination or even unfair public incentive.
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Potůček, Martin, and Veronika Rudolfová. "Czech pension reform: how to reconcile equivalence with fiscal discipline." Central European Journal of Public Policy 9, no. 1 (May 1, 2015): 170–82. http://dx.doi.org/10.1515/cejpp-2016-0008.

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Abstract One of the recent changes in the Czech Republic’s pension system was provoked by a petition to the Constitutional Court. The setting of bend points for determining the amount of pensions depending on the insured person’s previous earnings was contested as discrimination against higher income categories. The Constitutional Court granted the petition. The result was an approval and implementation of an amendment to Act No. 155/1995 Coll., on Pension Insurance, that for the purposes of calculating the level of old-age pensions favoured the highest income decile at the expense of most other insured persons, namely those with middle incomes. Simultaneously, the political criterion of fiscal discipline was applied to ensure the financial sustainability of the pension system. In analysing this case, we critically adopt the theory of actor-centred institutionalism and the theory of the policy cycle. From the nature of the analysed case it follows that we pay attention mainly to the legislative process which resulted in the amendment. Our methodology is dominated by analysis of documents (legal norms, court decisions, political programmes, official publications) and political and administrative communication (including debates on legislative drafts in the executive and legislature).
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Burzec, Marcin. "TAX PREFERENCES IN THE CZECH AND POLISH PERSONAL INCOME TAXES." Review of European and Comparative Law 30, no. 3 (September 15, 2017): 89–105. http://dx.doi.org/10.31743/recl.4262.

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Article presents tax preferences in Czech Republic and Poland in the comparative aproach. The aim of the comparative study is to show how particular problems can be tackled by different countries by different measures. Both in Poland and the Czech Republic it is possible to identify common problems in the area of the tax law. One of such problems is an appropriate shape of tax preferences within the income tax contruction. The aim of the present article is to demonstrate how Poland and the Czech Republic, by shaping tax preferences within the construction of the income tax, tackle the problem of the taxpayer’s ability to pay. Further, it is shown how the two countries, by means of tax instruments, supplement their policy in areas as important as pro-family policy, supporting subjects implementing public tasks, the pension system, policy on people with disabilities, and housing policy.
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Veselý, Arnošt, and Anna Zelinková. "Public Policy Programmes and Policy Analysis Instruction in the Czech Republic." Central European Journal of Public Policy 9, no. 1 (May 1, 2015): 50–63. http://dx.doi.org/10.1515/cejpp-2016-0003.

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Abstract The aim of the paper is to provide the first systematic review of instruction in public policy programmes (PPP) in the Czech Republic and examine the role and nature of policy analysis therein. First, the Czech higher education system is briefly described. Second, an overview of PPP in the Czech Republic is provided. This analysis is based upon a publicly available list of degree programmes accredited by the Ministry of Education, Youth and Sports, an internet search, e-mail correspondence with public policy and policy analysis instructors, and syllabuses. It is shown that while a diverse set approaches is used, the classical “positivist” perspective is clearly dominant. Third, using survey data (N = 192) we analyse the views of Public and Social Policy graduates on the importance of competences in practice and the quality of actually learnt competences. Last, preliminary conclusions on public policy/policy analysis instruction in the Czech Republic are discussed. It is shown that public policy instruction is rather fragmented and is institutionalized under different disciplines. The respondents were most satisfied with gaining skills in the areas of policy analysis, ability to orient oneself and acquire new knowledge, and strategic and analytical thinking. In contrast, they were least satisfied with acquiring organizational skills, practical professional experience and skills, and computer literacy.
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38

Bobek, Michal. "Landtová, Holubec, and the Problem of an Uncooperative Court: Implications for the Preliminary Rulings Procedure." European Constitutional Law Review 10, no. 1 (April 15, 2014): 54–89. http://dx.doi.org/10.1017/s1574019614001047.

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The ultra vires judgment of the Czech Constitutional Court in Holubec and its significance - Evolution and unfolding of Czechoslovak pension saga - Landtová judgment of the Court - Later developments and approaches of the various actors - Holubec as a revolt that did not take place - Broader structural implications for the preliminary ruling procedure and its reform - The functions of the preliminary rulings procedure - Atomisation of national judicial hierarchies and its consequences - Voice and representation before the Court - The role of governmental agent in proceedings before the Court - Law-making without representation - The position of constitutional courts in the European judicial system - When judicial cooperation turns uncooperative - Conceptualizing judicial non-cooperation and disobedience.
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Soukup, Marek, and Libor Žídek. "Growth Decomposition in the Socialist Czech Economy." DANUBE 12, no. 1 (March 1, 2021): 1–12. http://dx.doi.org/10.2478/danb-2021-0001.

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Abstract Economic growth in centrally planned economies was declining with the duration of these economic systems. There were multiple reasons for this development. Deeper insight can be provided by dividing economic growth into extensive and intensive parts. The goal of this article is to estimate the share of extensive and intensive aspects of economic growth in the socialist Czech economy in the last two decades of the socialist era (1970–1989). We conclude that the extensive growth in this period stood for approximately 55% of the overall growth. This figure is broadly twice higher than comparative numbers for the post-communist period.
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Ondřejek, Pavel. "A Structural Approach to the Effects of Fundamental Rights on Legal Transactions in Private Law." European Constitutional Law Review 13, no. 2 (May 26, 2017): 281–304. http://dx.doi.org/10.1017/s1574019617000062.

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Horizontal effect of fundamental rights – Legal principles – Dichotomy between private and public law – Systemic or anti-systemic elements in legal orders – Conflict between contractual autonomy and fundamental rights – Coherence in law – Balancing – Cases of permissibility of bank charges in the Czech and German legal systems – General clauses on good morals and good faith in private law
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41

Cavero, Icilio, Jean-Michel Guillon, and Henry H. Holzgrefe. "Reminiscing about Jan Evangelista Purkinje: a pioneer of modern experimental physiology." Advances in Physiology Education 41, no. 4 (December 1, 2017): 528–38. http://dx.doi.org/10.1152/advan.00068.2017.

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This article reminisces about the life and key scientific achievements of Jan Evangelista Purkinje (1787–1869), a versatile 19th century Czech pioneer of modern experimental physiology. In 1804, after completing senior high school, Purkinje joined the Piarist monk order, but, after a 3-yr novitiate, he gave up the religious calling “to deal more freely with science.” In 1818, he earned a Medical Doctor degree from Prague University by defending a dissertation on intraocular phenomena observed in oneself. In 1823, Purkinje became a Physiology and Pathology professor at the Prussian Medical University in Breslau, where he innovated the traditional teaching methods of physiology. Purkinje’s contributions to physiology were manifold: accurate descriptions of various visual phenomena (e.g., Purkinje-Sanson images, Purkinje phenomenon), discovery of the terminal network of the cardiac conduction system (Purkinje fibers), identification of cerebellar neuronal bodies (Purkinje cells), formulation of the vertigo law (Purkinje’s law), discovery of criteria to classify human fingerprints, etc. In 1850, Purkinje accepted and held until his death the Physiology chair at Prague Medical Faculty. During this period, he succeeded in introducing the Czech idiom (in addition to long-established German and Latin) as a Medical Faculty teaching language. Additionally, as a zealous Czech patriot, he actively contributed to the naissance and consolidation of a national Czech identity conscience. Purkinje was a trend-setting scientist who, throughout his career, worked to pave the way for the renovation of physiology from a speculative discipline, ancilla of anatomy, into a factual, autonomous science committed to the discovery of mechanisms governing in-life functions.
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42

Stolitnii, Anton. "The Adversarial System in the Criminal Process of Ukraine: Technical and Legal Aspects." Russian Law Journal 7, no. 1 (March 22, 2019): 154–77. http://dx.doi.org/10.17589/2309-8678-2019-7-1-154-177.

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This article substantiates the author’s scientific concept of electronic criminal proceedings, as regards the use thereof in the adversarial system, which would involve the formation of criminal proceedings as an electronic file, and the procedural interaction of the subjects of proceedings in an electronic law enforcement environment. The tasks of this article are as follows: analysis of issues that may arise when establishing such adversarial system in the criminal process of Ukraine; study of foreign experience of involving a defense lawyer in electronic criminal procedural processes; and development of proposals for improving the domestic practice of law enforcement.The Uniform Register of Pre-trial Investigations (URPI) has been defined as an electronic procedural document and an integral segment of criminal proceedings. The analysis of the electronic segment of the pre-trial investigation shows that the lawyer’s procedural status needs to be improved by his/her involvement in the URPI. Based on the analysis of the experience of electronic criminal proceedings in the province of Alberta (Canada), the Czech Republic, Sweden, and Kazakhstan, proposals have been drawn up to bring the defense to the URPI.As a result of the study, the author identified the legal and technical aspects of involving an attorney in electronic criminal proceedings, which suggested successive practical steps in creating personal virtual accounts, an algorithm for involving a defense lawyer in proceedings, and reforming the Uniform Register of Lawyers of Ukraine (URLU) as an electronic procedural legalization instrument.
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43

Zygmunt, Aleksandra. "Do Human Resources and the Research System Affect Firms’ Innovation Activities? Results from Poland and the Czech Republic." Sustainability 12, no. 6 (March 23, 2020): 2519. http://dx.doi.org/10.3390/su12062519.

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Strong relationships between innovation of firms and sustainable development of regions and countries have priority in issues related to firms’ innovation performance. In this paper, particular emphasis is given to Poland and the Czech Republic as countries with similar innovation performance. Specifically, it seems interesting to identify the extent to which human resources and the research system in these countries matter in firms’ innovation activities. Thus, the aim of the paper is to test whether human resources and the research system affect Polish and Czech firms’ innovation activities. The data were sourced from the European Innovation Scoreboard (2018, 2019) for the period of 2010–2016. A set of variables concerning human resources and the research system were employed. The hypotheses were tested with the Cobb–Douglas function. This paper contributes to the existing literature by adding to studies that seek to identify determinants of firms’ innovation activities. The findings indicate the statistical significance of such a variable related with human resources, as lifelong learning for innovation activities of firms from Poland and such a variable connected with the research system, as the top 10% most cited publications on Czech firms’ innovation activities. The paper has practical and policy implications. There is a need, among others, to strengthen knowledge diffusion processes between firms and universities, research organisations, and institutional environments in order to improve innovation activities of firms.
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Mamojka, Mojmír, and Jacek Dworzecki. "Development of Commercial Law in the Slovak Republic - Outline of problems." Internal Security 8, no. 1 (January 30, 2016): 81–90. http://dx.doi.org/10.5604/20805268.1231517.

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The article concerns the issue of trade law in the context of its evolution and the current realities of its being in force in Republic of Slovakia. In the paper the authors present an historical view of the creation of legal regulations about trade from ancient times to present days. In the first part of the paper the political system and its components are discussed. The reader will be able to acquaint themselves with the functioning of the apparatus of executive power (the government and ministries), legislative power (the parliament consisting of 150 members) and judiciary (independent courts and prosecutors) in the Republic of Slovakia. Moreover, this part of the article provides information about practical aspects of the creation of selected components of the constitutional legal order (e.g. parliamentary elections). In the second part, the paper covers the evolution of trade law over the centuries, approaches to regulations in Mesopotamia, based on, inter alia, the Code of Hammurabi, and also in ancient Egypt and Greece. Tracing the development of trade law over the centuries, the authors also present the evolution of legal regulations in this field in the XIX century, with particular reference to France, Germany and Austria-Hungary (especially the territory which today forms the Czech Republic and the Slovak Republic). In the last part of the article, the forming of regulations of trade law in Czechoslovakia from 1918 and during subsequent periods which created the history of that country, to the overthrow communism and the peaceful division of the state in 1993 into two separate, independent state organisms – the Czech Republic and Slovakia - is approached.
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45

Antošová, Gabriela. "Cultural Rural Development in the Czech Republic (Case Study of the Liberec Region)." European Countryside 8, no. 3 (September 1, 2016): 263–77. http://dx.doi.org/10.1515/euco-2016-0019.

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AbstractThe contribution aims at determining the endogenous potential for a proposal for sustainability and potential development of tourist destinations located in the Czech border areas - Liberec region - that lag behind in rural development. Based on the results of the empirical research, according to optimal scaling the ASEB-C analysis is applied suggesting the LAC (Limits of Acceptable Change) planning system will improve sustainability and competitiveness of all LAU 1 (in the Liberec region) and of the specific touristic destinations. The potential of development in the Czech border areas is in the stagnation phase, due to the fear and (dis)embedded identity in some less developed border areas. It should be evident that even in the Czech rural border areas the potential of “growth of endogenous potentials seems feasible” in combination with an endogenous and exogenous model of regional rural development.
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46

MATCZAK, MARCIN, MATYAS BENCZE, and ZDENEK KÜHN. "Constitutions, EU Law and Judicial Strategies in the Czech Republic, Hungary and Poland." Journal of Public Policy 30, no. 1 (February 25, 2010): 81–99. http://dx.doi.org/10.1017/s0143814x09990195.

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AbstractGiven far-reaching changes in the legal systems of East Central Europe since the mid-1990s, one might expect administrative court judges to have modified the way in which they decide cases, in particular by embracing less formalistic adjudication strategies. Relying on an original dataset of over one thousand business-related cases from the Czech Republic, Hungary and Poland, this article shows that – despite some variation across countries and time – judges have largely failed to respond to the incentives contained in the new constitutional frameworks. They continue to adopt the most-locally-applicable-rule approach and are reluctant to apply general principles of law or to rely on Dworkinian ‘policies’ in deciding hard cases. The analysis links these weak institutional effects to the role of constitutional courts, case overload and educational legacies.
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Crhová, Zuzana, Zuzana Fišerová, and Marie Paseková. "Corporate Insolvency Proceedings: A Case of Visegrad Four." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 64, no. 1 (2016): 235–43. http://dx.doi.org/10.11118/actaun201664010235.

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Insolvency proceeding and liquidation of bankrupt companies are important topics in days of economic slowdown which affected all economies after financial crisis. This paper aims to find main differences between insolvency proceedings in the countries of Visegrad four. The main goal is to describe insolvency law in member countries and then to compare it from the poin of view of main actors. This comparison can help to find which changes and ideas could be applied to improve and make more effective the Czech insolvency system. The countries of Visegrad four was selected because of their common history and similar economic development. First of all, the legal background of insolvency proceedings which is possible for legal entities in these countries is examined. Then this paper deals with insolvency proceedings from the point of view of their participants – creditors, debtors and insolvency administrator. We have found that insolvency proceedings in these countries are very similar but there is still some inspiration for the Czech insolvency system.
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48

Falkner, Gerda. "Institutional Performance and Compliance with EU Law: Czech Republic, Hungary, Slovakia and Slovenia." Journal of Public Policy 30, no. 1 (February 25, 2010): 101–16. http://dx.doi.org/10.1017/s0143814x09990183.

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AbstractThis article compares the performance of state institutions and compliance with EU law in the Czech Republic, Hungary, Slovakia and Slovenia. The public institutions highlighted are of crucial relevance when it comes to enforcing EU social standards and include the court and legal systems as well as labour inspectorates and equal treatment authorities. Expert and practitioner assessments point to major shortcomings in their institutional performance. The procedural compliance pattern to which these shortcomings give rise closely resembles that found by previous studies in some Western European countries, notably Ireland and Italy. Thus, the four countries examined here fall within a ‘world of dead letters’ as far as their compliance with EU law is concerned. In this ‘world’, EU directives tend to be transposed in a politicised mode (although so far, this happened rather timely and correctly) and there is frequent non-compliance at the later stages of monitoring and enforcement.
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49

Pfeifer, Marcel Rolf. "Development of a Smart Manufacturing Execution System Architecture for SMEs: A Czech Case Study." Sustainability 13, no. 18 (September 12, 2021): 10181. http://dx.doi.org/10.3390/su131810181.

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This study investigates the application of a smart manufacturing execution system (SMES) based on the current controlling structure in a medium-sized company in the Czech Republic. Based on existing approaches on the architecture of SMESs, this paper develops a sample architecture grounded in the current controlling structure of small and medium-sized enterprises (SMEs). While only a few papers on approaches to the given topic exist, this approach makes use of operative production controlling data and uses a standardisation module to provide standardised data. The sample architecture was validated with a case study on a Czech SME. This case study was conducted on two different entities of one production company suggesting differences in the entities due to the nature of production. The research showed that simple tasks with intelligent welding equipment allow for a working SMES architecture, while complex assembly works with a high extent of human labour, and a high number of components still remain an obstacle. This research contributes to gathering more understanding of SMES architectures in SMEs by making use of a standardisation module.
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Svoboda, P. "Valuation of tangible fixed assets pursuant to the Czech accounting law and international accounting standards." Agricultural Economics (Zemědělská ekonomika) 53, No. 10 (January 7, 2008): 466–74. http://dx.doi.org/10.17221/927-agricecon.

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The valuation of assets is a relatively challenging activity as well as a scientific discipline having an impact on the amount of the reported assets and economic result process. The report deals with the issue of valuation of the tangible fixed assets in the accounting entities compiling the financial statements pursuant to the Czech national legislation and in conformity with the requirements of the International Accounting Standards IAS/IFRS and US GAAP. The substantial differences in the definitions and valuation of the tangible fixed assets in these systems have been determined, indicating the impact on the economy of the accounting entity, both at the primary acquisition and as at the day of the closing of books. Attention has also been paid to the possibilities of recording the value decreases and to subsequent expenses. The analysis of legal regulations was completed with the analysis of the financial statements from selected economic entities. As per the international standards, the main difference consists in the possibility of component depreciation of tangible assets or, on the other hand, the possibility of group depreciation, in the differences in valuation in the event of acquisition paid for and of acquisition by one’s own production and in the possibility to consider the costs of disposal of assets. The subsequent expenses are also construed in a different manner: as per the Czech regulation, they are construed as repairs and maintenance. The substantial difference in comparison with the Czech regulation consists in the possibility of re-valuation of assets upwards as well as the method of actual value determination.
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