The title of this diploma thesis is "The Role of a Public Prosecutor in Criminal Proceedings". In the Czech Republic, it is Public Prosecution that is granted the right by the Constitution to prosecute criminal offenses on behalf of the country. Activities arising from this right are the main duties of a public prosecutor. The aim of this thesis is therefore to describe said activities. It is done so chronologically with regard to the different phases of criminal proceedings. Other goals include trying to find problematic areas of the laws that govern public prosecutors, trying to come up with possible reasons behind them and proposing their solutions. This thesis also contains comments on some of the recent changes in the rules governing public prosecution. The first chapter of this thesis contains a brief history and evolution of public prosecution in Central Europe and in the Czech lands as the author believes it is a very useful introduction to public prosecution and its role in criminal proceedings today. Chapter two of this thesis deals with the laws governing public prosecution. First, the Constitution is mentioned including its article 80 and its problematic placement within the Constitution. The author then talks about other significant laws from which all duties of public prosecution...

This diploma thesis aims to compare the Czech and Russian regulations of the costs of civil proceedings, to identify and compare the differences in favor of this or another legislation. The thesis is divided into three chapters. The first chapter is devoted to the costs of civil proceedings in the Czech courts. First of all, the concept of costs of proceedings and its function is defined. Then the individual types of costs of proceedings are analyzed according to its demonstrative list in § 137 of Act No. 99/1963 Coll., Code of Civil Procedure, as amended: expenses of participants and their representatives, including court fee, lost earnings, interpreting, evidence costs, compensation for value added tax, remuneration for representation and remuneration for the mediator. Subsequently, the principles of payment and reimbursement of costs of proceedings are discussed, taking into account the moderating right of the court and the decision on reimbursement of costs of proceedings. The second chapter focuses on the description of the legal regulation of costs in the Russian Federation. Like the first chapter, it deals with the concepts of costs of proceedings and related legal institutes in Russian law. In particular, it focuses on the description of the court fee, exemption from the court fee,...

This diploma thesis deals with the topic of reimbursement of costs in trial proceedings and enforcement proceedings. The main goal of this thesis is to provide a comprehensive overview of the topic and to explain fundamental aspects of costs in trial proceedings and enforcement proceedings as well. The diploma thesis focuses not only on the interpretation of legal provisions but also on the case law, which is cited throughout the text. The diploma thesis consists of an introduction, two main chapters, and a conclusion. The first chapter discusses reimbursement of costs in trial proceedings and is systematically segmented according to corresponding phases of a trial proceeding. The first part of this chapter describes costs in trial proceedings. The following subchapters discuss principles of cost reimbursement in contentious proceedings. The subchapter 1.3.3 focuses on legal conditions for awarding costs with an emphasis on the discretionary power of the courts and pretrial notice. The subchapter 1.4 deals with reimbursement of costs in non-contentious proceedings. The last part of this chapter discusses remedies directed against decisions regarding costs in trial proceedings, including the constitutional complaint. Reimbursement of costs in enforcement proceedings under the Enforcement Regulations...

Protection of the Injured Party in Criminal Proceedings The diploma thesis deals with the issue of the injured party and his protection in criminal proceedings. Its main goal is to analyze the position of the injured party in criminal proceedings and to analyze in more detail his selected rights, which in this proceeding serve to protect him. The partial goal of the thesis is to summarize the most important aspects of adhesion proceedings and draw attention to the shortcomings of the protection of the injured party in criminal proceedings de lege lata. To meet this goal, the core of the work is divided into three main parts. In the first chapter, the thesis deals with the injured party as a subject and a party to criminal proceedings, negative and positive definition of the term victim, categorization of this term, the issue of victim representation, the issue of victims according to Act No. 209/1997 Coll. and Act No. 45/2013 Coll. and categorization of the rights of the injured party. Since the aim of the thesis is not to exhaustively analyze all the rights of the injured party arising from the Criminal Procedure Code, only the selected rights are analyzed in more detail. This section presents examples of the recent extensions of the rights of the injured party. The next part of the diploma thesis...

Case law influence on Czech national and international arbitration Proceedings Abstract Arbitration proceedings represent, besides civil judicial procedures, one of the methods for solution of material disputes in private-law relations. Arbitration proceedings have been used for quite a long time. In our territory they were used already under the rule of Charles IV. For example, Jakub Krčín and Štěpánek Netolický, who were well-known artificial lake engineers, belonged among highly appreciated arbitrators. Significant development of arbitration proceedings was registered after 1949, when the Steady Arbitration Court was established at the Czechoslovak Chamber of Commerce in May 1949 and exists up to now under the name "Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic". Legal regulation of arbitration proceedings was undergoing various changes. A principal change occurred in 1964, when the Act no. 98/1963 Coll., on arbitration proceedings in international trade and on enforcement of arbitration awards entered into force, admitting arbitration proceedings only in international trade relations and only for legal entities, at that time foreign trade enterprises. Another principal change then occurred as at 1 January 2015, the effective date of the...

Changes in persons of parties to civil proceedings in contentious civil proceedings Abstract The subject of thesis' research are changes, which can occur in persons of parties to civil proceedings in contentious civil proceedings. The main focus is therefore naturally concentrated on contentious civil proceedings, nevertheless, there are some passages about uncontentious civil proceedings incorporated into the theses. The reason why is that both proceedings belong to the same category of civil proceedings, original proceedings. They show in certain ways the same features, but it is necessary to clearly define and distinguish them because of their different purpose. The thesis' aim is to entirely cover changes in persons of parties to civil proceedings in contentious civil proceedings. Because of that there is an effective law arrangement described and critically evaluated in thesis, there are also some defects and suggested legislative changes de lege ferenda pointed out. The other subject of research is also case-law of domestic courts related to this issue. On the one hand, there is pointed out in some places on its conclucions, on the other hand, the case-law conclusions are sometimes subjects of criticism. Because the theses is mainly related to parties to civil proceedings, the first part of thesis...

The purpose of the thesis Reimbursement of costs in trial proceedings and enforcement proceedings is to provide a comprehensive view of the legal regulation on the topic of reimbursement of costs in trial and enforcement proceedings and subsequently to critically evaluate this regulation and to try to find a way to more appropriate solutions. The thesis consists of an introduction, two parts dealing separately with the reimbursement of costs in trial proceedings and the reimbursement of costs in the enforcement proceedings and a conclusion. The introduction specifies the topic of the thesis and its purpose. The first part of the thesis, which covers the reimbursement of costs in the trial proceedings, is divided into seven chapters. The first chapter generally defines the concept of costs. The second chapter then describes the specific types of costs that may be incurred in trial proceedings. The third chapter discusses the aspect of efficiency of costs, which is a very important factor in the decision to pay the costs. The subject of the fourth chapter is the specification of the obligation to pay the costs. The fifth chapter describes in detail the reimbursement of costs of the contentious trial proceedings, both in terms of legislation and in terms of general principles that are relevant to the...

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Judgment and subject of the proceedings Abstract This diploma thesis deals with the topic of the judgment and the subject of the proceedings. First, it analyses both concepts and then focuses on their relationship, both in litigation and in undisputed proceedings. The diploma thesis is divided into four separate chapters. The first chapter explains the concept of the subject of the proceedings, further deals with the claim, defines it and analyses its requirements, defines the claim petit and divides it into basic types, which it also specifies in more detail. It then focuses on the principle of disposition as a fundamental principle of litigation, which allows the parties to dispose of the subject of the proceedings or of the proceedings themselves. The second chapter describes the judgment. It first lists its requirements given by law and then specifies what its properties are. Subsequently, it also deals with the concepts of correction of the judgment and supplementation of the judgment. Last but not least it explains the different types of judgment according to various classification criteria. The third chapter analyses the relationship between the judgment and the subject of the proceedings in the dispute. It first briefly describes what litigation is at all, then focuses on the general definition of...

This PhD by published work consists of: • 1 single authored monograph; • 1 single authored paper in a refereed journal; • 4 main authored articles in refereed journals; • 3 joint authored articles in refereed journals; • 1 joint authored paper in a non refereed journal; and • 3 joint authored published reports. It covers the period 2009-2014 This thesis and the papers submitted demonstrate my significant contribution to a body of knowledge that provides a rich and unique insight to the development of changes in legislation and protocols in child protection practice. Particular expertise is threefold: the impact on the practice of all professionals involved with vulnerable families and children; the impact on the assessment of risk and working with families and children; and the impact on the ‘timetable for the child’. The publications reflect an examination of pre-proceedings protocols over a 5-year period. Throughout, the work demonstrates a theoretical and practical commitment to fairness and justice for families. The rationale that underpins this thesis is the need to explore the impact of procedural changes to the lives of children and their families. The rhetoric of improving pre-proceedings work in an attempt to divert cases away from court, and to ensure decisions that are made for children are both rigorous and timely, is at odds from the reality of practice on the ground. The recent hegemonic concern with the timetable for the child (Holt and Kelly, 2014) reinforces a change agenda that was ushered in ahead of the Children and Families Act that became law on 22nd April 2014. The President of the Family Division, Sir James Munby, has stated that 26 weeks completion time when cases progress to court is ‘a deadline not a target’, reinforcing the message that only a ‘comparatively small number of exceptional cases’ will fall outside it (Munby, 2013:4). This leaves little time for the court to intervene when cases have not been properly progressed at the pre-proceedings stage. The evidence from detailed observations of practice at all levels within pre-proceedings protocols affords an opportunity to send a clear message to legislators, policy makers and practitioners. Front-loading and diverting more cases into pre-proceedings protocols is quite simply a strategic measure to reduce the financial burden away from the courts and to place this elsewhere. Local authorities have child protection systems that are properly designed to support children who are in need of protection, and where it has been decided by professionals from a range of agencies working with families that the risk cannot be managed without the need to seek the involvement of the court, there should be no further delay. My concern is that in many instances children are already left holding the risk for too long. The question must be raised as to why, when a range of professionals working with the child and their family make the decision that an application to court should be made, a system that purports to hold children and families at the heart builds in further delay.