Shadow banking in the view of legal regulation Abstract This diploma thesis deals with shadow banking in the view of legal regulation focusing on the Czech territory. Although the shadow banking sector amounts almost to the same extent as the traditional banking, its legal regulation is barely discussed in the Czech Republic. So this work aims at stimulation of that kind of debate. Shadow banking contributes to more effective redistribution of the financial means between investors and debtors. Nevertheless, due to its nature it involves significant systemic risks, which played a crucial role during the spread of the mortgage crisis in 2007-08. Therefore this area has to be regulated. In the first part the thesis explains the term shadow banking including the entities and activities, which are able to be classified within this sector, and the risks, which it carries. In the second part the work deals with the current legal regulation of this area and points to the advantages and the deficiencies. Finally, in the third part it provides with the proposals regarding the deficiencies. Particularly the thesis proceeds from study and research of the documents published by the supervision bodies of the financial stability area and from the applicable provisions relevant to the shadow banking. Concerning this I am...

Nowadays, terrorist crimes are still threatening global security. Since the 21st century, with the rapid development of modern science and technology, such as "Internet +", "big data" and "artificial intelligence", along with the changing political situation of international society, the global distribution of economic benefits, and the global flow of civilization and culture, it has brought about information sharing and a better life in human society. At the same time, it has spawned the form innovation of terrorist crimes. Terrorism is increasingly threatening non-traditional security areas. The non-traditional security theory transcends the concept of national boundaries and the limitations of national sovereignty, and examines the security construction of various countries from the perspective of global security. It focuses on a wider range of fields, a wider vision and a deeper depth, and is a kind of "shared security". Terrorist crimes challenge international authority, national sovereignty and tolerance for crimes, and affect the development of many fields in the world, which belongs to the non-traditional security field. Because of its inherent destructive, violent, dual-purpose, international and decentralized characteristics, for many years, the global defense against terrorist crimes has formed three paths: "war path", "criminal justice path" and "global governance path". From the reality, the path of war is a last resort in the current global counter-terrorism, but it is not worth vigorously promoting. Criminal justice path can effectively reduce the operation cost of counter-terrorism measures, is conducive to the realization of human rights protection, and is the main counter-terrorism means, but it is still insufficient to deal with terrorist crimes, and must be further improved and strengthened. The global governance path is put forward on the basis of effectively eliminating the threats and security problems brought by terrorism on a global scale. It relies on the global countries to form a community of common destiny for all mankind to effectively fight terrorism. Although this goal is far away, it is the fundamental way to completely eliminate terrorism. In the value choice of counter-terrorism, the theory of priority protection of national security and global security has become the main theory from the perspective of non-traditional security. Under the non-traditional security concept, counter-terrorism must first ensure national security, and then pursue individual freedom. Without national security, there is no individual freedom. But at the same time, we should give full consideration to the theory of safeguarding human rights and bottom line justice. The protection of human rights against terrorism from the perspective of non-traditional security must start from three levels: terrorist crimes and human rights protection; the protection of state power and human rights, as well as the protection of terrorists' rights. In a civilized society, even if terrorists are as evil as enemies, they cannot be treated like enemies, but must adhere to the rule of law and guarantee their basic rights. When dealing with terrorist crimes at the international level, we should see that international counter-terrorism faces practical problems such as inadequate legal system, imperfect cooperation mechanism and practical difficulties. By adhering to the main position of the United Nations in counter-terrorism, we should formulate the United Nations Comprehensive Counter-Terrorism Convention and improve the international unified counter-terrorism criminal policy, and finally achieve effective governance of terrorism. At the domestic level, it mainly focuses on the establishment of a comprehensive and effective counter-terrorism mechanism, starting from the counter-terrorism institution building, counter-terrorism platform building and counter-terrorism legal system. The most important thing is to build and perfect the counter-terrorism legal system. By combing our counter-terrorism legal system, we should further polish it from the aspects of defining the basic concepts of terrorism, improving the counter-terrorism substantive law and perfecting the counter-terrorism procedural law. In this process, we must carry out the criminal policy of combining punishment with leniency, and finally realize the balance between security and human rights protection. This thesis is divided into five chapters to study the terrorist crime in the field of non-traditional security, hoping to make a theoretical response to the causes of terrorism, extremism, terrorist crime, terrorist activity crime and the preventive countermeasures in China through such a theoretical review, combing and exploration, especially to provide a useful theoretical reference for the prevention, strike and elimination of such crimes. At the same time, it is also a theoretical clarification of the terrorist crimes, terrorist activities crimes and extremist crimes in the non-traditional security field. Chapter one: this chapter mainly clarifies the relevant concepts, and understands the traditional security theory, non-traditional security theory, terrorism, extremism and separatism from the most basic level; distinguishes terrorist activity crime, terrorist crime and extremist crime, including the discrimination of their concepts, characteristics, types and purposes. More importantly, terrorism, which has been debated over its concepts for a long time, is serious crimes not only endangering the international security, but also endangering the overall national security of China, such as political security, homeland security, military security, economic security, cultural security, social security, network security, science and technology security, information security, ecological security, resource security, nuclear security and so on. The safety of people's lives and property can be ensured only when such crimes are eliminated. The second chapter discusses the causes and harms of terrorist crimes. From the international political level, national religious belief, interest distribution and other perspectives, this chapter analyzes the causes and harms of terrorism. This kind of harm is analyzed from the aspects of international society and domestic society. As far as the harm of international society is concerned, it causes the internal disintegration of the country, causes the internal management of the country out of control, intensifies regional conflicts and wars, people living nowhere, the number of refugees increases sharply, all kinds of serious crimes rise, global economic development slows down, and the number of global crimes increases. As far as the harm of the domestic society is concerned, it intensifies the escalation of national conflicts and the rise of extreme forces, which leads to the instability of social management order, the destruction of social dynamic balance, the general lack of security and trust of the public, the reduction of trust of the whole people, the destruction of social integrity system, and the loss of moral concepts of social groups, which will form the vicious circle of everyone is in danger, or some scholars call it the so-called "mutual harm mode" of modern society. Finally, the terrorist crimes basically spread all over the world, endangering the international political environment and extending to China, resulting in the slow development of domestic economy, the destruction of the inheritance of local cultural system, endangering everyone's own development and individual survival, etc., causing unprecedented disasters in the whole human society, such as environmental degradation, food shortage, water pollution, and trust crisis. Chapter three: expound the value orientation and the path of counter terrorism. The biggest harm of terrorist crime lies in the destruction of global security. Therefore, the value of counter-terrorism in theory is mainly embodied in: the theory of human existence, the theory of international relations, the value theory of priority of global security interests, the theory of dynamic balance between the protection of basic human rights and the strengthening of state power, the theory of principles, rules and systems of international human rights law. Today's "counter-terrorism model" mainly adopts "war model" (military strike), "criminal justice model" (judicial governance) and "global governance model" (social governance) to control, eliminate and combat the spread and frequency of terrorist crimes. However, looking at these models, we can find that the war model basically failed because the United States withdrew its troops from Iraq and other countries, the judicial governance was in the stage of continuous attempt and improvement because of the poor connection of domestic laws of various countries, and the global governance was impressed by various factors among countries, and also became a theoretical system of continuous attempt to break through and improve. At present, the international community has not created a theoretical model that can completely eliminate terrorist crime and terrorist activity crime. Most countries adopt intelligence early warning, rapid elimination, post elimination and other ways to the occurrence of terrorist attacks, in order to effectively control the spread of terrorist extreme ideas, reduce the overall probability of terrorist attacks, and thus continuously weaken the viability of terrorist organizations around the world. Chapter four: the current situation and improvement of international response to terrorist crime. Due to the differences of political ideology and the restriction of interest pattern, the counter-terrorism legal system is not perfect, and it is difficult to form a systematic and effective "international unified criminal code system" or "international unified criminal policy" to regulate international terrorist crimes. In this regard, the international level of the regulation of terrorist crimes should mainly adopt international criminal cooperation, criminal judicial assistance, regional alliances, and other ways (such as the Shanghai Cooperation Organization).Therefore, the conclusion of international conventions is particularly important. Only with legal basis can we realize effective cooperation across national sovereignty. It can not only ensure respect for the sovereignty of all countries, but also help to carry out practical cooperation to deal with terrorist crimes of all countries. Chapter five: expound the path and system construction of dealing with terrorist crime in China. From the perspective of China’s society, it is generally in a period of stable development, but still unable to cope with sudden terrorist attacks. Terrorist attacks happen under the planning of terrorists, so it is urgent to improve the criminal law of China. Over the years, China has preliminarily constructed the main frame of counter-terrorism, and formed a three-dimensional prevention system in the aspects of counter-terrorism stance, counter-terrorism organization setting, counter-terrorism fund control and counter-terrorism Internet supervision. In terms of specific disposal, China has established counter-terrorism organization and platforms, such as information exchange platform, early warning and prevention platform and public division platform. But fighting terrorism according to law is always one of the goals pursued by the rule of law. Although China has established a relatively complete counter-terrorism legal system, the counter-terrorism legislation has certain defects and deficiencies in three aspects: basic concepts, anti-terrorism substantive law and anti-terrorism procedural law. It is found that there are some specific problems in China’s counter-terrorism legislation, such as unclear definition of basic concepts, poor convergence of laws in the field of counter-terrorism substantive law, confusion of identification subject and procedure in the field of counter-terrorism procedural law, confusion of administrative power and criminal investigation power, and poor procedural independence. The definition of the basic concept should strictly abide by the behavior theory of objectivism criminal law, and should be expanded in combination with international practice to cover specific cases from the literal and theoretical extension of the articles. In the field of counter-terrorism substantive law, the power boundary between administrative law and criminal substantive law should be clarified, and legislative conflict of jurisdiction should be solved, strictly implement the concept of modesty of criminal law, and correctly define the specific boundaries between administrative illegal activities and criminal activities, as well as between incriminating and discharging crimes. The choice of procedural legislation of mixed model in the field of counter-terrorism procedural law should conform to the trend of the world, clarify the compartmentalization of subjects, ensure the smooth internal connection of the whole procedure, and establish a special prosecution procedure. At the same time, we insist on using criminal policy of combining punishment with leniency to guide our counter-terrorism practice, and finally realize the balance between counter-terrorism and human rights protection. In a word, based on the complexity of criminal phenomena, the diversity of criminal patterns and the differences of social development patterns, considering the rigor and diversity of the theoretical research of criminal law, we should take a dynamic and open concept to study the criminal law of terrorist crime and terrorist activity crime, and adopt a multi-dimensional research approach.

This thesis is dedicated to legal regulation of statutory audit in the European Union, Russian Federation and the Czech Republic. The first chapter describes history of audit, its functions and objectives. The second chapter is dedicated to legal regulation of statutory audit in the European Union, mainly to Directive 2006/43/EC of the European Parliament and of the Council and to Regulation (EU) No 537/2014 of the European Parliament and of the Council. The third chapter outlines legal regulation of statutory audit in the Czech Republic, which is created primarily by the act No 93/2009 about auditors. The fourth chapter defines legal regulation of statutory audit in the Russian Federation, mainly the act "On auditing activities" No 307. The last chapter compares separate legal regulations.

Branduolinės energetikos objektas – statybos teisinis reguliavimas – branduolinės saugos principai – specialusis teisinis reguliavimas Branduolinės energetikos objektų statybos teisinis reguliavimas yra unikalus, išsiskiriantis iš kitų statinių statybos padidintu dėmesiu branduolinės saugos priemonių įgyvendinimui. Šio objekto statybos teisinio reguliavimo srities svarba tampa vis aktualesne dabartinių branduolinės energetikos objektų statybos procesų aktyvėjimo kontekste. Nežiūrint į tai, jog Lietuva priklauso branduolinę energetiką vystančių šalių grupei, siekiančiai plėsti branduolinės energetikos pajėgumus, dabartinis branduolinės energetikos objektų statybos teisinis reguliavimas nėra tinkamai paruoštas įgyvendinti nuoseklią bei nepertraukiamą branduolinės energetikos objekto statybą. Branduolinės energetikos objektų statybos teisinio reguliavimo ypatumai bei skirtumai, lyginant su kitų objektų statybos teisiniu reguliavimu, yra akivaizdūs viso statybos proceso teisinio reguliavimo metu. Lietuvai tapus tarptautinės bendrijos nare, tarptautiniai teisės aktai tapo privaloma nacionalinės teisės sistemos dalimi. Branduolinės energetikos objektų statybos procesas yra glaudžiai susijęs su kitomis teisinio reguliavimo sritimis, tokiomis kaip teritorijų planavimu, žemės teisiniais santykiais, nuosavybės teisiniu reguliavimu ir kitomis, tačiau svarbiausias šio teisinio reguliavimo bruožas yra branduolinės saugos priemonių įgyvendinimas. Šis, objekto saugumo, tikslas... [toliau žr. visą tekstą] / Nuclear Facility – Legal Regulation of Construction – Nuclear Safety Principles – Special Regime of Legal Regulation Legal regulation of the construction of nuclear facilities is unique of its nature, varying from the construction of the other buildings in enhanced attention for the implementation of nuclear safety measures. The legal regulation of the construction of such an facility becomes more actual in the context of the construction of new nuclear facilities which, in nowadays, becomes more active despite the fact that Lithuania belongs to the group of countries enrolled in nuclear energy, having the goal to increase the capacity of nuclear energy, the present legal regulation of the construction of nuclear facilities is not arranged enough for the consistent and continuous implementation of the construction of new nuclear facilities. The peculiarities and differences of the legal regulation of the new nuclear facilities, in comparison of the legal regulation of other constructions, are obvious in the overall process of construction legal regulation. When Lithuania became a member of the international community, international legal acts became a part of national legal regulation. The construction process of nuclear facilities is closely related to other spheres of legal regulation, especially with territory planning, land law, regulation of the ownership right and others, however the most important feature of legal regulation is the implementation of nuclear safety... [to full text]

Legal regulation of employment and security against unemployment At the present time of economical recession many countries battle against high unemployment, which can contribute to many economical and social problems. The purpose of my thesis is to describe legal regulation of employment and security against unemployment in the Czech Republic. I focused on main parts of legal regulation and also thought over some institutes. When I came to the conclusion, that the legal regulation has some drawbacks, I suggested that an amendment should be passed. The thesis is composed of eight chapters. Chapter one defines unemployment and its kinds and elucidates, what full employment means, because it is the aim of legal regulation of employment in many countries. At the end of this chapter I sumarize developement of unemployment in Czech Republic from 1990 to present. Chapter two deals with right to work. I enumerate most important international documents, where right to work is regulated. Full employment was also soon mentioned as the basic aim of countries. Similar developement in Community law is described in part four. At the end of chapter is comparison between the right to work under Charter of Fundamental Rights and Freedoms and right to work under Employment Act. Chapter three deals with employment policy in...

1 Abstract The Legal regulation of biodiversity protection within the agriculture Vojtěch Bašný, supervisor: doc. JUDr. Vojtěch Stejskal, Ph.D. Charles University, Faculty of Law, Department of Environemntal Law Prague, August 2013 The agriculture is one of the main causes of the damage of the biodiversity. The continuous biodiversity damage leads to the loss of the ecosystem services and to decrease in numbers of species and habitats of high nature value. This could in the extreme case lead to the danger to the mankind because biodiversity provides the nutrition, water, clean air, and helps in a fight against illnesses and pests and contributes to the regulation of the climate. The aim of my thesis is to analyse the legal regulation of the biodiversity protection within the agriculture and evaluates the accuracy of specific approaches and offers the solutions of certain deficiencies. The thesis gives an overview of different aspects of the legal regulation of the relationship between biodiversity and agriculture on the level of international, EU, and Czech legislation. Key word: Legal regulation, Biodiversity, Agriculture

SELECTED ASPECTS OF BITCOIN AND ITS IMPLICATIONS FROM THE STANDPOINT OF THE LAW AND ECONOMICS Abstract Bitcoin is one of the best-known examples of a decentralized convertible cryptocurrency based on blockchain technology. The diploma thesis deals with the main aspects of bitcoin and bitcoin payment networks in complex economic analysis based on the use of standard economic apparatus. The economic analysis is backed by a thorough and relevant legal research. The main goal of the diploma thesis is complex economic and legal analysis of bitcoin. In economic analysis, the emphasis is put on the use of supply-demand analysis, which outlines the basic factors affecting supply and demand for bitcoins. Based on a clear delineation of these factors, the thesis is able to analyse specific aspects of bitcoin. Diploma thesis analyzes the impacts of decentralized setting, as well as risks associated with anonymity of users, crime in connection with bitcoin, time delays in transaction verification, technical and energetic demands on mining, high transaction costs and internet connection needs. Each of these aspects is compared to existing payment institutions or systems. The thesis also examines the legal regulation of bitcoin. Due to the absence of a complex legal regulation, the diploma thesis tries to apply the...

O trabalho tem por objetivo a análise do tema da arbitragem societária, entendida aqui como a arbitragem decorrente de cláusula arbitral inserida no ato constitutivo de uma sociedade. Analisa-se, num primeiro momento, a adequação da arbitragem em matéria societária, o que compreende a investigação de suas vantagens e desvantagens em relação à justiça estatal e de algumas consequências da escolha da via arbitral para os sujeitos envolvidos. Num segundo momento, trata-se do cabimento da arbitragem em matéria societária, o que compreende o estudo da arbitrabilidade dos pontos de vista subjetivo e objetivo. A arbitrabilidade subjetiva é tema que envolve a polêmica sobre a vinculação de sócios que não concordem expressamente com a cláusula arbitral inserida mediante deliberação majoritária. Feito isso, o trabalho ruma para temas sensíveis de aplicação da arbitragem societária: (i) a possível instituição de quórum qualificado e direito de recesso ao acionista para a inserção de cláusula compromissória no ato constitutivo de sociedade; (ii) a vinculação dos órgãos sociais e de seus titulares à cláusula arbitral societária; (iii) a confidencialidade; (iv) as questões procedimentais decorrentes da multiplicidade de sujeitos envolvidos; e (v) o julgamento de impasses de natureza negocial pelos árbitros. Ao final, pretende-se verificar se algum desses pontos merece regulação legal. / The work aims to analyze the subject of intra-corporate arbitration, understood here as arbitration derived from arbitration clauses inserted in articles of association of companies. It analyses, at first, the appropriateness of arbitration for corporate disputes, which encompasses investigation about the advantages and disadvantages of arbitration compared to state justice and some consequences of the choice of arbitration for subjects involved. Secondly, investigation focuses in arbitrability (both from a subjective and an objective perspective). From a subjective perspective, investigation concerns the controversy about the possibility of imposing the arbitration clause inserted in articles of incorporation by the majority of the partners or shareholders against the will of those who do not agree expressly with the arbitration clause. Later, the work aims to analyze some sensitive issues concerning the implementation of intra-corporate arbitration: (i) the possible creation of qualified quorum and withdrawal rights for the partners or shareholders that do not agree with the arbitration clause imposed by the majority; (ii) the possibility to impose the arbitration clause against corporate bodies and its members; (iii) confidentiality; (iv) some procedural issues derived from multiple people involved in litigation about the same subject matter; (v) the possibility for arbitrators to judge controversies related to business matters. The final purpose is to determine whether any of these controversial topics should have legal regulation.

The diploma thesis is focused on the legal hospital health care regulation in the Czech Republic. The main efford is to provide a sufficient review of the up-to-date situation in this field. It examines hospitals by a theoretical standpoint and also its key problems concerning actual situation of the czech health care and lack of finance as the main significance. The top part of thesis focuses on actual legal hospital health care regulation and proposes ways of improvement. Following part assesses proposals of improvement of the hospital care quality. Final chapter presents possible ways of optimal solutions of hospital care as well as health care at all.

The topic of my thesis is the legal and social regulation of drug addiction. The drugs phenomenon stays a global and constant societal problem. I started to be interested in drug issue shortly after revolution, after I attended my very first talk about drugs within the school education. The aim of my thesis was to map development and current situation of drug problems, especially drug scene state, national and European drug policy, analysis of legislation, and last but not least, prevention, treatment and subsequent rehabilitation of drug addicts in the Czech Republic and European Union countries. Czech Republic came closer to European countries with the introduction of new criminal legislation. However, despite all efforts of harmonization of the European Union differences between countries exist in the legal framework and specific procedures in the field of drug. Individual states have their own characteristics in the drugs field, and therefore we cannot generalize uniform procedures for all states. Nevertheless, sub-national practices could stand for inspiration for the Czech Republic in similar cases. This thesis consists of four main chapters, which are further divided into individual subsections. The first chapter contains a definition of drug addiction and the basic classification of drugs,...