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Neúčinnost důkazu v trestním řízení / Ineffectiveness of evidence in criminal proceedingsDěček, Milan January 2013 (has links)
This essay deals with problematic of evidence-efficiency. It is based on analysis of not only national, but also international law sources of different legal power. It further deals with this issue not only from theoretical, but also practical side of the Czech and as well another countries criminal procedure. It closer devotes to the conception of ineffective evidence in Czech criminal-legal theory. The question of efficiency of evidence obtained from inefficient evidence is considered one of the most complicated ones. The legal regulation itself does not reflect on that and jurisprudence as well as opinions of criminal law authorities are not uniform. Reasoning " de lege ferenda" lead to demand of a better legal regulation. Namely the addition of the legislation on General Conditions clause enshrining the ineffectiveness of the evidence exhaustively with significant defects in individual cases based on the prohibitions that were included in the adjustment of individual evidence.
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The institutionalisation of effective rehabilitation programmes at Groenpunt Maximum Security Prison / T.S. ThinaneThinane, Tsekelo Shadrack January 2010 (has links)
One of the biggest challenges facing the South African prison system today is the phenomenon of recidivism (repeat offences). In ninety four percent of all cases offenders re-engage in criminal activities after they have been released from prison. This means that the majority of prisons in South Africa are ineffective in terms of rehabilitating offenders during their time in prison. The contribution of this research revolves around an analysis of the rehabilitation arrangements that are prescribed by the DCS to all Government correctional institutions (prisons). The Groenpunt maximum security prison is used as a case study to establish why rehabilitation is ineffective and to identify ways and means to reduce recidivism. In this regard the rehabilitation arrangements at Groenpunt maximum security prison is measured against the
prescribed governmental rehabilitation arrangements. The following main findings (problem areas) emerged out of this research:
• At Groenpunt maximum security prison the prescribed governmental prescriptions for rehabilitation are not being adhered to; and
• Participation in rehabilitation programmes is not compulsory for offenders at Groenpunt maximum security prison.
The above trends render rehabilitation ineffective and stimulate recidivism upon release. In order to rectify the above situation the research highlights specific shortcomings in the rehabilitation arrangements of Groenpunt maximum security prison that needs to be rectified in order to reduce recidivism. This boils down to the development of an individual needs based approach to rehabilitation and making participation in rehabilitation programmes compulsory for all offenders. It is further envisaged that the recommendations relating to Groenpunt maximum security prison can also be applied to other prisons in order to reduce the rate of recidivism in all South African prisons. / Thesis (M. Development and Management)--North-West University, Vaal Triangle Campus, 2010.
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The institutionalisation of effective rehabilitation programmes at Groenpunt Maximum Security Prison / T.S. ThinaneThinane, Tsekelo Shadrack January 2010 (has links)
One of the biggest challenges facing the South African prison system today is the phenomenon of recidivism (repeat offences). In ninety four percent of all cases offenders re-engage in criminal activities after they have been released from prison. This means that the majority of prisons in South Africa are ineffective in terms of rehabilitating offenders during their time in prison. The contribution of this research revolves around an analysis of the rehabilitation arrangements that are prescribed by the DCS to all Government correctional institutions (prisons). The Groenpunt maximum security prison is used as a case study to establish why rehabilitation is ineffective and to identify ways and means to reduce recidivism. In this regard the rehabilitation arrangements at Groenpunt maximum security prison is measured against the
prescribed governmental rehabilitation arrangements. The following main findings (problem areas) emerged out of this research:
• At Groenpunt maximum security prison the prescribed governmental prescriptions for rehabilitation are not being adhered to; and
• Participation in rehabilitation programmes is not compulsory for offenders at Groenpunt maximum security prison.
The above trends render rehabilitation ineffective and stimulate recidivism upon release. In order to rectify the above situation the research highlights specific shortcomings in the rehabilitation arrangements of Groenpunt maximum security prison that needs to be rectified in order to reduce recidivism. This boils down to the development of an individual needs based approach to rehabilitation and making participation in rehabilitation programmes compulsory for all offenders. It is further envisaged that the recommendations relating to Groenpunt maximum security prison can also be applied to other prisons in order to reduce the rate of recidivism in all South African prisons. / Thesis (M. Development and Management)--North-West University, Vaal Triangle Campus, 2010.
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Nedrausmingumo paplitimas nepakankamai veiksmingo ambulatorinio gydymo sąlygomis ir jo priežasčių analizė / Prevalence and reasons for non-adherence in insufficiently effective outpatient treatmentMinkauskaitė, Julija 01 July 2014 (has links)
Magistro baigiamajame darbe analizuojama nepakankamai veiksmingo gydymo ambulatorinėmis sąlygomis ir su juo susijusio gydytojų nurodymų nesilaikymo problema. Darbo tikslas – nustatyti nedrausmingo gydymosi ambulatorinėmis sąlygomis proporcijas ir galimas priežastis tarp LSMUL Kauno klinikų Nefrologijos skyriuje stacionarizuotų pacientų, kuriems ambulatorininėmis sąlygomis taikytas gydymas nebuvo pakankamai veiksmingas. Tyrimo metu nustatyta, kad didžiajai daliai stacionarizuotų pacientų ambulatorinis gydymas nebuvo pakankamai veiksmingas. Įvertinta, kad daugiau negu du trečdaliai šių pacientų vaistus vartojo nedrausmingai. Nepakankamos žinios apie ligą, motyvacijos trūkumas, užmiršimas išgerti vaistus arba jų nutraukimas esant gerai savijautai – būdingi daugiau negu trečdaliui nedrausmingų pacientų. Tai rodo, jog, atsižvelgiant į aukštus nepakankamai veiksmingo ambulatorinio gydymo rodiklius, paciento apsilankymo pas sveikatos priežiūros specialistą metu, tikslinga atkreipti dėmesį į paciento vaistų vartojimo ypatumus. Užtikrintas ir aiškus pacientų informavimas apie nesigydymo riziką bei nedrausmingumo problemos akcentų diegimas socialinėje erdvėje galėtų prisidėti prie naujo požiūrio į paciento atsakomybę už savo sveikatos būklę formavimo, teigiamų gydymo rezultatų suvokimo, demotyvacinių mechanizmų vystymosi mažinimo. / The study analyzes the problem of insufficiently effective outpatient treatment and the related problem of medication non-adherence. The aim of the study is to investigate, among patients hospitalized in the nephrology sector, both the prevalence of non-adherence and the possible causes for which their ambulatory treatment was not sufficiently effective. It was found that majority of outpatient treatment cases were not sufficiently effective. It is estimated that more than two-thirds of these patients were non-adherent. The inadequate knowledge about the disease, lack of motivation, forgetfulness and discontinuation of drug use when feeling well were incident to over than one third of non-adherent patients. This suggests that, given the high rates of insufficiently effective outpatient treatment, it is appropriate to draw attention to the patient's medication-use peculiarities. Moreover, informing the patient about possible threats of non-adherence and a more social implementation of the treatment may help the patients to understand the positive results of the treatment and reduce the development of their demotivating mechanisms.
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Neúčinnost právních úkonů v českém právu / The ineffectiveness of legal acts in the Czech lawSviták, Stanislav January 2015 (has links)
The dissertation deals with the historical elements of the ineffectiveness of legal acts, and the tradition of this legal institute in the territory of the Czech Republic, whereas the concept of such a legal institute pursuant to Roman law is not left aside, either. The terms of the legal act are defined there as well as the absolute and relative ineffectiveness of legal acts. The dissertation focuses on the relative ineffectiveness (defeasibleness, the right of defeasibleness) of the legal act, namely with regard to other "defects" of the legal acts (nullity, invalidity, withdrawal from the contract etc.) as well as with regard to other systems of the creditor's protection (within the scope of the common civil law, corporate law, insolvency law and the criminal law instruments). The dissertation pays attention to the issue of the name of the defeasibleness right institute, to its purpose, forms (based upon defeasibleness as well as upon statutory ineffectiveness), and to the defeasibleness action. The dissertation analyses the effective legal regulation of the right of defeasibleness, including non-insolvency law (pursuant to 1964 Civil Code and 2012 Civil Code) as well as the insolvency proceedings. Keywords: absolute ineffectiveness, actio Pauliana, ineffectiveness of the legal act,...
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Neplatnost a neúčinnost právního jednání v insolvenčním řízení / Invalidity and ineffectiveness of legal acts in insolvency proceedingsŠtancl, Štěpán January 2014 (has links)
1 Abstract Invalidity and Ineffectiveness of Legal Acts in Insolvency Proceedings The purpose of my thesis is to describe and analyse statutory framework of rules which prevent underlying assets from being unlawfully reduced. The thesis is composed of five chapters which are divided into subchapters. The core of the thesis lies in chapters 4 and 5. Introductory chapter explains collective essence of insolvency proceedings in which claims of creditors are satisfied proportionally. Then it clarifies core of this thesis, i.e. analysis of acts, whom debtor reduces underlying assets, or rather his creditors. It also explicates changes in terminology, which are caused by recodification of civil law. Chapter Two describes development of ineffectiveness since Roman law until the present. Third chapter, concerning civil law, is subdivided into four subchapters. The first defines legal act. Second describes its invalidity. The third, which is most extensive, deals with relative ineffectiveness in civil law. Its parts relate to the reasons of ineffective legal acts, trials about them and consequences of ineffectiveness. Last subchapter summarizes opportunities of application this rules in insolvency proceedings. Chapter Four which concerns insolvency proceedings is divided into two subchapters. The first of them deals...
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Odporovatelnost a relativní neúčinnost / Objectionability and relative ineffectivenessZáhorská, Soňa January 2014 (has links)
Objectionability and relative ineffectiveness The purpose of my thesis is to analyse the notion of relative ineffectiveness, the institute of private law, which serves as a protection of the creditor against the certain legal acts of his debtor. This institute was known as objectionability before the new civil code came into effect. The aim of this paper is to explain the importance of relative ineffectiveness and to distinguish this institute from the sanctions of the defective legal act. The first chapter of my thesis deals with the notion of legal act and its elements which are essential for the existence of the valid and effective legal act. The subsequent parts examine the results of the situations in which the requirements to elements of legal act are not fulfilled. The chapter Two deals with the defects of legal act causing its nonexistence. The following chapter Three concerns the sanction of invalidity and the chapter Four explains the notion of ineffectiveness. The explanation of those sanctions is important for its mutual differentiation and for the subsequent analysis of the institute of relative ineffectiveness, because only valid and effective legal act can be pronounced by court as relatively ineffective. After analysis of different types of sanctions of defective legal act, the...
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Vývoj pauliánské žaloby v českém civilním právu v porovnání s německou a rakouskou úpravou / Development of Actio Pauliana in Czech civil law in comparison to German and Austrian regulationKment, Václav January 2016 (has links)
Development of Actio Pauliana in Czech civil law in comparison to German and Austrian regulation This thesis deals with a historical development of the juridical institute of a contest and comparison of the legal regulation of relative ineffectiveness in Czech, German and Austrian legal system. This legal tool, which serves to protect the creditor against any legal act of the debtor, which prejudices the satisfaction of an enforceable claim of a creditor, has undergone essential changes during the time. The international comparative part of the thesis contains the biggest distinctions between the judicial conclusions of the courts in the respective countries and tries to evaluate whether some of the judicial conclusions of the courts of the above mentioned countries might also be applied by the courts in the Czech Republic. Part of the thesis also analyses the regulation of ineffective legal acts within the scope of the insolvency procedure of the debtor which is in some cases different from the regulation in the civil code and ineffectiveness of the legal acts, which are directly ineffective due to certain provisions in the civil code and insolvency act. Last part of the thesis compares the institute of objectionability according to the "old civil code" and the juridical institute of relative...
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Relativní neúčinnost právního jednání / Relative ineffectiveness of legal actTauberová, Andrea January 2016 (has links)
Relative ineffectivenes of legal act The purpose of this thesis is to analyze the relative ineffectiveness as a special institute of private law. The Act No. 89/2012 Sb., the Civil code, is using a new term "relative ineffectiveness" instead of "objectionability", which was used by the Act No. 40/1964 Sb., the Civil code. The relative ineffectiveness of legal act serves as a protection for credtiros from being unlawfully shorten on their rights by their debtors. The aim of this thesis is to explain a practical side and an importance of this institute. The thesis is composed of four chapters which are divided into subchapters. The core of the thesis lies in chapters 3 and 4. The first chapter of this thesis deals with the general term of legal acts and its elements which are fundamental for the existence, validity and effectiveness of legal acts. In this first chapter the author explains the main requirements of legal acts. In case some of the reguirements are missing, the civil code states a possible sanctions - an absolute and relative invalidity of legal act. The explanation of these sanctions is significant for their mutual differentiation and also for the follow-up analysis of the institute of relative ineffectiveness. The second chapter of this thesis deals with the whole history of the relative...
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Understanding the Impact of Radical Change on the Effectiveness of National-Level Sport OrganizationsThompson, Ashley 10 September 2018 (has links)
The purpose of this dissertation was to understand how radical organizational change impacts the effectiveness of national-level sport organizations, during the process of change, through the perceptions and experiences of internal and external stakeholders. Four research questions were addressed: (1) What success factors and challenges do national-level sport organizations face while undergoing radical change? (2) How does radical change impact the goals, internal processes, resources, and multiple constituents of the focal organization? (3) How does radical change impact external stakeholders? (4) How does radical change impact the effectiveness of external stakeholders’ own organizations? A single case study was built using 32 semi-structured interviews and 61 documents, and data were thematically analyzed. Results showed an initial decline in overall organizational effectiveness in the early stages of the change process followed by an increase. Findings highlight similarities and differences between internal and external stakeholder perspectives, demonstrating the importance of obtaining both perspectives when studying organizational effectiveness during radical change.
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