Academic literature on the topic 'Znalecký problém'

Vnímání problematiky sebeobrany i profesní obrany se za poslední roky výrazně rozšířilo, což s sebou neslo, mimo jiné, také novou terminologii. Souviselo to s velmi dynamickým rozvojem informovanosti o problematice sebeobrany a profesní obrany v občanském prostředí, potažmo v prostředí profesním a právním, včetně orgánů činných v trestním řízení. Tato problematika však může být často vnímána jen cestou zprostředkovaných informací, například médii. S tím souvisí masové přebírání mýtů, polopravd i lží o zmíněné oblasti. Orgány činné v trestním řízení také nejsou před tímto vlivem uchráněny. Nešťastné zařazení specializace sebeobrana do oboru sport málo přispívá pochopení obsahu terminologie této specializace. Znalecké specializace uvedené v seznamu znalců a tlumočníků lze dohledat ve dvou oborech. Je to obor „Sport“, odvětví „Provozování“ – specializace „Sebeobrana“, specializace „Sebeobrana, bojové sporty a bojová umění“. Druhým oborem je „Kriminalistika“ – se specializacemi „Sebeobrana“, „Vedení boje z blízka“, „Služební zákroky“ a „Použití zbraně“. Právě při soudním řízení jsou dobře vidět problémy s terminologií obrany, s intenzitou použití techniky, s jejím gradováním nebo s možným provedením techniky. Situace se postupně lepší u vyšetřovatelů z řad Policie České republiky, což lze ale ze zkušeností autora říci jen se značnými výhradami o nemalé části advokátů, státních zástupců i soudců. Jedním z podstatných faktorů tohoto stavu je velmi rozšířený pocit či názor, že je specializace sebeobrany u orgánů činných v trestním řízení v postačující míře zvládnuta. Na základě praktických zkušeností se ukázalo jako vhodné o terminologii, charakteristice a zásadách uvedených v souvisejících znaleckých specializacích pojednat.

This diploma thesis deals with basic questions of expert activities and a more detailed focus on issues coming up in relation to practical expert activities working out expert opinions, especially obtaining materials from executive bodies, authorities, partaking parties or the ordering party. This thesis consists of a questionnaire construction containing expert opinion by professional witnesses, of an analysis of the current legislation and consequent suggested options how to deal with the given issues.

This thesis deals with the very topical issue in the sphere of the expert activity, which is requested by the general public at the same time. It sets a task of improvement, or better to saythe simplification in the approach to the appraising of real estate, with the aid of systemic methodology. There is as an example of the correct application of systemic methodology in the preparation of a sample expert opinion used in real estate (apartment house) located in Brno – Starý Lískovec. The property in question is appraised in accordance with the assignment by using the systemic approachonly after the evaluation of the current situation in appraising and discussing systemic methodology. A systemic approach to the appraising of aproperty is appropriately chosen largely because it better ensures the indispensable fact that, in the case of the expert opinion made by an expert, it is practically impossible to omit those important requisites which are inextricably linked to the expert opinion.

The dissertation is focused on the problematic of the driver´s ability to see pedestrians in the conditions of driving at night. The first part tells the current view of these problematic, terms are defined: the outlook and the range of vision to see the obstacle. This part also describes various effects that are affecting the driver´s ability to see pedestrians while driving at night. Out of all mentioned effects, this project mainly focuses on two parameters – how is the driver´s ability to see a pedestrian affected by his obsolence and developing visual handicap. During the research, high number of respondents of wide range of age and various vision quality were present and attended the experiment. This project proposes a methodology of comparasion of those two parameters mentioned above. The main condition which must have been held was to create absolutelly identical conditions of the experiment used by wide range of respondetns. The best way how to possibly achive the best results is by using a video scene on the PC monitor. Two sets of photographies were made while preparing the experiment (2 various sets of clothes for the pedestrian) and these sets were sorted by using the Microsoft Office Power Point program. This made a simulation of a vehicle approaching a pedestrian at night. The measurement was attended by a large number of respondents who were divided into a total of nine categories, according to age and extent of ocular defects. The dissertation is a methodology for evaluating the measurements, determination of contrast and angular size of the watched object (pedestrian) using the scene on the PC monitor. At the end of the experiment is an evaluation of the measurements and put comments on the results obtained. This project proposses a method for the early detection of the driver´s perception when sighting barriers (pedestrian) using the electrophysiological examination method – the electroretinography (ERG). In this dissertation,the initial measurements were carried out using this method, when during the measurement was unfortunately found that the sensitivity of the method does not allow resolution changes of the electrical potential for so little intense stimuli such as the sight of pedestrians at the edge of the road. But it is not excluded that in the future the further development of the ophthalmological diagnostic method will increase the sensitivity so it will allow to spot the objective moment of registration the obstacle by the viusal organ

The basic requirement for a good quality expert opinion are high quality sources of information, i.e. adequately detailed and valid groundwork. This dissertation analyzes groundwork for expert activities in the area of building operation appraisals, handling of information and its transmission within the life cycle of a construction. For this purpose, it is possible to divide the construction according to its functional parts. The thesis puts emphasis on drawing up a budget according to its functional parts, which is clearer for the investors, contractors and real estate administrators as well as the expert. A significant part of the dissertation is dedicated to recommendations on how to determine the usual price of building operations. In this section I define some options of how to determine the usual price of building operations, including their comparison. Likewise, I investigated and compared real agreed prices of building contracts for public commissions. The basic recommendation resulting from this chapter is the recommendation for the Czech statistics department to automate the data collection based on registers of building operations created with one of the budgeting programs (preferably according to functional parts). For the experts, I prepared a set of recommendations based on the analyzed differences between the budgeted prices and those applied in real contracts. There is no generally accepted method to evaluate the losses created due to delays in construction. For the purposes of this dissertation, I investigated the common prices of rent of the individual equipment and then established two approaches to put value on the cost of equipping the site, percentage rate and individual calculation. I examine in more detail the issues related to quantification of costs for wintertime arrangements. At the end of the chapter I define recommendations for experts. With regard to recommendations for establishing discounts from the construction price due to occurrence of defects and unfinished tasks, I analyzed real examples of distribution of defects and unfinished tasks at the moment of delivering the building operation to the investor and discovered that approximately 50% of defects are part of the surface working. Additionally, I analyzed the Czech technical regulations regarding surface working in order to find basis for assessment of the presence or absence of a defect. While investigating the approach to non-removable defects, I discovered incorrectly considered shelf life of waterproofing within the appraisal. Based on this, I investigated the market and determined the shelf life of common waterproofing systems. At the end of this dissertation I carry out a comparison of selected items of the two pricing systems most commonly used in the Czech Republic, URS and RTS. The differences are a result of contemplating using different technologies, varied mechanisms and diverse approaches to determine the costs of material.

This thesis focuses on the problem of domestic mergers of companies in terms of current business and legal and accounting regulations of the Czech Republic. Attention is paid to accounting, legal and organizational aspects of the mergers. The thesis reflects the changes brought about by extensive amendments effective from 1 January 2012. In this context, the work mentioned possible problems and risks that come with certain provisions brought. Everything is then documented by practical example of the merger of two companies.

The thesis deals with the decision-making of the expert in real estate valuation. Due to the complexity of the process and the difficulties of valuation it can be assumed that the decision will be an arduous process. It is obvious that the choice of an expert is crucial to the result of the valuation process. This topic is currently relatively little explored, and therefore the work will deal with the analysis and formulation of decision problems expert in real estate valuation. The thesis analyses the current status of forensic engineering and decision-making regarding to real estate valuation. The general decision-making process, divided into seven steps, is adapted to the requirements of expert decision-making in real estate valuation. As in the managerial decision-making process, property valuation is also divided into three levels. These three levels considered the described fundamental decision problems that lead to the formulation of the expert decision-making principles in real estate valuation. For better understanding the extensiveness of the decision-making process in the valuation of real estate the author created a decision tree respectively schemes whose functionality has been verified at the end of the thesis, exemplified with the help of a specific case study of the determined price in real estate valuation.

The problems of judicial expertise in criminal proceedings Abstract Contemporary criminal proceedings are highly dependable on judicial expertise and in number of cases we encounter a situation where the determination of the facts is based on the expert evidence. However, judicial expertise is linked to a number of issues which damage the reputation of the field which is then considered to be untrustworthy by the general public. This paper is divided into 5 separate chapters dissecting the most commonly criticised practices by the general public. At first the issue of relegating responsibilities from the judge to the judicial experts is analysed. The author believes that there are two root causes to the problem, one being the factual accuracy of the provided expert evidence and the other being the unnecessary utilization of judicial experts. The aforementioned relegation of responsibilities places power in the hands of the experts whose work seldom meet the appropriate quality given the increased level of responsibility. Therefore the author further focuses on the problems with the quality of the expert evidence as well as examining the warranties provided by the current legislation and the shortcomings of this legislation along with the changes of it that are coming into effect as of 1 January 2021. The...

Název diplomové práce, abstrakt a klíčová slova v anglickém jazyce Title: The crime of drunkenness under the section 360 of the Criminal Code and its current issues Abstract: The Thesis primarily deals with possible theoretical approaches to the crime of drunkenness in continental law and with its legal regulation de lege lata in the Czech Republic. Further, the constituent elements of drunkenness are analysed, and the concept of actio libera in causa is not forgotten either. The provision on the crime of drunkenness under the Czech Criminal Code is also compared to the provisions in other states that are territorially and historically close. The approach to the crime of drunkenness is then examined from historical point of view. Second part of the Thesis concentrates on the problematic of proving the crime of drunkenness in practice in criminal proceedings, with emhasis on the role of the expert opinion in relation to the assessment of insanity and on the process of detecting addictive substances in the body system of an accused. The thesis also contains an analysis of some judicial decisions in which courts of first instance dealt with the crime of drunkenness. Key words: crime of drunkenness, insanity, addictive substances, expert opinion