Czech Legislation Research Articles

Digital transparency in the public sector – case study Czech republic

The subject of the paper is to carry out evaluation of the current information openness of municipalities through the structured observation method, via their web pages. The aim of the paper is to assess the transparency level of municipalities in the Czech Republic. It focuses on the lawful and voluntary publication of in-formation on the websites of randomly selected group of municipalities. The content analysis on the internet was used. The thesis focuses on qualitative and quantitative data acquisition as the most effective combination. The research sample consists of 100 municipalities, which were randomly selected from a set of all municipalities in the Czech Republic with populations ranging between 2,000 to 10,000 inhabitants. The paper’s introductory part defi nes the basic concepts and obligations, which are laid down to the municipalities by international and especially Czech legislation. It is followed by the analysis of selected municipalities on the Internet, which is divided into municipalities’ management and documents regarding their activities, the offi ce’s communication with its citizens and accessibility of the sites. A synthesis of fi ndings presents the most transparent municipalities and regions. Czech municipalities have been heterogeneous in the analysis of digital transparency. Once the legislation precisely defi nes the scope and form of mandatory disclosure of information on municipalities’ websites, there is a great deal of improvement and the efforts of municipalities to fulfi l this obligation. The degree of disclosure is decreasing with the freedom for municipalities to publish information. The conclusion of the paper is devoted to the overall assessment and recommendations for the given situation in the Czech Republic.

CONCENTRATION OF NATURAL RADIONUCLIDES IN PRIVATE DRINKING WATER WELLS.

Water is one of the most important resources for a human being; therefore, its quality should be properly tested. According to Council Directive No. 2013/51/EUROATOM, there shall be established requirements for the general public health protection with regard to radioactive substances in water intended for human consumption. This article summarises measurement results of selected water samples at 444 private drinking water wells, which are not subject to regular inspection in terms of the Czech legislation.

Process and Equipment Improvement for Nickel Brush Plating Application

The purpose of this paper is to provide an overview of process and equipment improvements for nickel brush plating applications. At the beginning of this project the company used methodology from a subsidiary which does nickel brush plating. Over time, it turned out that it would require a total redesign of the process, because it wasn't compliant with Czech legislation. We knew that without improvements the process could not move forward, therefore, we mainly focused on safety, equipment, accuracy and better quality. In this work we have been using many elements from quality management such as 6Sigma methodology, Ishikawa diagrams, 5why methods, 5S, etc.This project included many people from different sectors such as designers, technicans, material engineers, facility and maintenance, production, quality engineers, EHS engineers etc. This team came with a completely new and unique technical solution for the covered equipment which had never been built in the past in this company or by brush plating process.

Oddlužení v České republice - příjmy dlužníků, výše jejich dluhu a struktura věřitelů

This paper analyses debtors who proposed for a debt relief in a period between 1. 1. 2012 and 31. 12. 2013. Topic of debt relief has been already researched in Moravian and Silesian regions, therefore this paper concentrates mainly on Bohemian regions. The possibility of debt relief (personal bankruptcy in other words) for debtors has been in Czech legislation since year 2008 and number of personal bankruptcies has been considerably rising ever since. This paper presents only a part of ongoing research and therefore comprise only certain characteristics, such as the level and structure of debtor’s income, the amount of their debt and also structure of their creditors. The data and the results of the research are analysed and compared among regions.

Nitrogen leaching from grassland ecosystems managed with organic fertilizers at different stocking rates

ABSTRACTThis study shows the effect of organic fertilizers at different stocking rates, on nitrogen (N) leaching, measured using zero-tension lysimeters under undisturbed grassland soil. The experiment included two organic fertilizer types – cow dung with dung water (D) and slurry (S), both at a range of stocking rates: 0.9 LU (livestock unit) ha−1, 1.4 LU ha−1, 2.0 LU ha−1 (corresponding to 54, 84 and 120 kg N ha−1, respectively) and a control (C) treatment. In percolated water, the contents of ammonia nitrogen (NH4+–N) and nitrate nitrogen (NO3−–N) were studied. The average concentration of NH4+–N ranged from 0.91 to 1.44 mg l−1 on fertilized plots compared to 0.55 mg l−1 on the control plot. The average concentration of NO3−–N ranged from 5.2 to 9.5 mg l−1 on fertilized plots compared to 3.2 mg l−1 on the control plot. The results of this study showed that the use of organic fertilizers at chosen stocking rates influenced N leaching, but the concentration of N did not exceed the limits for drinking water permitted by Czech legislation. Stocking rates at 2.0 LU ha−1 and below do not result in elevated N concentrations in percolated water that pose environmental threat.

Model of the Heavy Freight Vehicle's Running Speed Used for Diversion Traffic Routes Determination

This paper describes the construction process of a discrete model of a heavy truck running speed. The running speed calculation is based on the technical parameters of the road (geometry, gradient, curves, etc.) and valid Czech legislation for road designing. In this article, road factors influencing the final heavy freight vehicle's running speed are presented as well. The main assumption is the fact that every heavy vehicle moves on the road by speed allowed by the geometry of this road, road signs and traffic flow characteristics (intensity, density or road capacity).

Conditions of Minimum Wage Indexation in Czech and Slovak Legislation in the Context of Business Economics

Abstract The aim of the article is to assess – on the basis of a comparison of Czech and Slovak legislation relating to the conditions of the minimum wage indexation – whether it would be appropriate to use certain aspects of Slovak legislation in the Czech legislation and vice versa. When elaborating the article, some logical methods were used. In order to collect data, important employers were addressed in the South-Moravian Region. A carrying method used during the work was a comparison. Analyses were processed using the data of the Czech Statistical Office, the European Statistical Office and the Ministry of Labour and Social Affairs of the Czech Republic. To evaluate the research, the percentage representation of positive and negative responses and Pearson’s Chi-square test were used. The paper presents the results of research whose aim was to get the views of entrepreneurs regarding the minimum wage level and conditions of its indexation. Employers supported the idea of maintaining the institution of the minimum wage. A predominant portion of companies would welcome it if the minimum wage were derived on the basis of an average wage, and the vast majority of companies would welcome the annual indexation of the minimum wage by inflation.

Diskuze odhadů daňové mezery v České republice

Cilem přispěvku je diskutovat přistupy k odhadovani daňove mezery a porovnat dosažene výsledky těchto odhadů s oficialnimi odhady Ministerstva financi Ceske republiky. V přispěvku je rovněž diskutovana problematika daňových uniků a nastrojů na jejich omezeni, a to zejmena s ohledem na nova opatřeni jako je kontrolni hlaseni nebo evidence tržeb. Velikost daňove mezery ve vybraných odvětvich dle odhadů autorů dosahuje zhruba 15 mld. Kc rocně.

Evaluation of fat grains in gothaj sausage using image analysis

Fat is an irreplacable ingredient in the production of sausages and it determines the appearance of the resulting cut to a significant extent. When shopping, consumers choose a traditional product mostly according to its appearance, based onwhat they are used to. Chemical analysis is capable to determine the total fat content in the product, but it cannot accurately describe the shape and size of fat grains which the consumer observes when looking at the product. The size of fat grains considered acceptable by consumers can be determined using sensory analysis or image analysis. In recent years, image analysis has become widely used when examining meat and meat products. Compared to the human eye, image analysis using a computer system is highly effective, since a correctly adjusted computer program is able to evaluate results with lower error rate. The most commonly monitored parameter in meat products is the aforementioned fat. The fat is located in the cut surface of the product in the form of dispersed particles which can be fairly reliably identified based on color differences in the individual parts of the product matrix. The size of the fat grains depends on the input raw material used as well as on the production technology. The present article describes the application of image analysis when evaluating fat grains in the appearance of cut of the Gothaj sausage whose sensory requirements are set by Czech legislation, namely by Decree No. 326/2001 Coll., as amended. The paper evaluates the size of fat mosaic grains in Gothaj sausages from different manufacturers. Fat grains were divided into ten size classes according to various size limits; specifically, 0.25, 0.5, 0.75, 1.0, 1.5, 2.0, 2.5, 5.0, 8.0 and over 8 mm. The upper limit of up to 8 mm in diameter was chosen based on the limit for the size of individual fat grains set by the legislation. This upper limit was not exceeded by any of the products. On the other side the mosaic had the hightest representation of 0.25 mm fat grains.

Problematika poskytování neauditorských služeb a její aktuální vývoj

Problematika poskytovani neauditorských služeb auditovaným klientům vysla v roce 2016 do popředi temat, diskutovaných odbornou veřejnosti v oblasti auditu. Důvodem obnoveni zajmu o tuto problematiku je vstoupeni v platnost novelizace Směrnice Evropskeho parlamentu a Rady 2006/43/ES/ ze dne 17. května 2006 o povinnem auditu rocnich a konsolidovaných ucetnich zavěrek ve zněni Směrnice 2014/56/EU a přijeti Nařizeni Evropskeho parlamentu a Rady (EU) c. 537/2014 ze dne 16. dubna 2014 o specifických požadavcich na povinný audit subjektů veřejneho zajmu. Ceska legislativa v roce 2016 take zaznamenala řadu změn, ktere přinesla novela zakona c. 90/2003 Sb., zakona o auditorech, ktera byla schvalena a nabyla ucinnosti 1. 10. 2016. Cilem clanku je přibližit nebo připomenout ctenaři problema-tiku poskytovani neauditorských služeb auditovaným klientům a seznamit ho se změnami, ktere přinasi novelizovana evropska legislativa. Od cilů clanku se odviji i jeho struktura. Uvodni cast je věnovana definici zakladnich pojmů, ktere jsou nezbytne pro nasledne vysvětleni cele problematiky. Nasledna cast clanku představuje přehlednou sumarizaci nazorů zastanců a odpůrců poskytovani neauditorských služeb auditovaným klientům. Sumarizace zahrnuje jak nejznamějsi matematicke modely zkoumani nezavislosti auditora, tak i komplexni moralně psychologicke modely a argumenty. Dalsi cast uvadi přehled změn, ktere zavedla nova evropska legislativa, navod na jejich praktickou aplikaci a vysvětleni některých nejasných bodů, což umožni ctenaři zorientovat se v auditnim prostředi, fungujicim na zakladě nových pravidel.

Free access to the documents and information of the EU institutions from the point of view of Czech legislation

Free access to information is considered to be one of the most important fundamental political rights of citizens. Free access to information has a long history originating in Sweden in the 18th century and has since then been incrementally constitutionalised in most of the democratic countries. It is worth studying the fact that legislation regulating this question in European Union legal systems, and in the Czech Republic as well, started much later — fifteen years ago at the beginning of the millennium. Even though the age of both the acts — EU (the Regulation of the European Parliament and the Council (EC) No. 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents) and Czech (the Act (CZ) on Free Access to Information No. 106/1999) is the same, the legislation itself differs significantly and they both have legal shortcomings. The analysis of the EU legislation granting free access to information of the EU institutions from the Czech perspective brings interesting and inspiring ideas for reforms — especially of the EU legislation.

Changes of Physical Soil Properties During the Growing Season 2014 – Influence of Applied Fertilizer in Crop Corn

Abstract Physical properties of soils are affected by many factors. These include the type of fertilizer used. An offer of fertilizers is currently extensive and new types are added, an example may be digestate, which is ranked among organic fertilizers according to Czech legislation. Changes in physical soil properties were monitored on a field trial, which were established on the place of Research grassland station Vatín (region Vysočina, the Czech Republic) in autumn 2013. The field trial comprised different variants of fertilization. Their effects were observed at different vegetation covers. In this paper, we focus on vegetation cover corn, fertilization variants: manure, mineral fertilizer (saltpetre ammonium with limestone) and digestate. The effect of fertilization was observed 3 times during the growing season 2014. It was in June, August and October. The results were obtained by the basic analysis of Kopecky rollers and it was from the depths of 0.05 m and 0.15 m (middle roller). The monitored soil properties were: bulk density, porosity, water retention capacity, maximum capillary water capacity and minimum air capacity. At all investigated physical soil properties there was a positive development during the growing season, with the exception of water retention capacity. The difference was found in the range of changes in various physical properties depending on the applied fertilizer.

Applying of Indicator Vertebrate Species to Environmental Assessment in the Landscape: Danube – Oder – Elbe Water Canal in the Czech Republic

Abstract The aim of the study is to assess potential impact of construction of the Danube - Oder - Elbe (DOL) water canal on populations of vertebrate species - amphibians, reptiles, birds and mammals - and present using these species as bioindicators on landscape level. For analysis of the data, the canal route was divided into smaller sections which were assessed separately. The following criteria were analysed: 1) current occurrence of target vertebrate species, 2) identification of species affected by canal construction, including evaluation of their numbers, 3) identification of affected species protected by Czech legislation, 4) identification of affected species protected by EU legislation, 5) impact assessment of the DOL project on Special Protection Areas (SPAs) and Special Areas of Conservation (SACs), 6) data synthesis and impact assessment of the DOL vertebrates in the particular catchment areas. It is apparent that the most important negative impacts on vertebrate populations and their habitats in case of implementation of the DOL plan can be expected in the following sections of the Morava river: Hodonín - Břeclav, Kroměříž - Otrokovice, Veselí na Moravě - Hodonín, Troubky - Kroměříž, Doubravice - Střelice; of the Oder river: Jeseník nad Odrou - Ostrava, Ostrava - state border; and of the Elbe river: Česká Třebová - Pardubice. In case of construction of the DOL canal, disturbance, damage or loss of vertebrate habitats will occur at least at 6 out of 9 studied sections in the Morava catchment area, at 3 of 4 sections in the Oder catchment area and at 2 of 3 sections in the Elbe catchment area.

Agent Provocateur in the Legislation of the Czech Republic, the Slovak Republic and the USA

Summary In relation to the activities of organized crime groups and their dynamic development in the areas of corruptive behavior which seems to be aimed at not only the leading representatives of the national political scene, but also at the area of national economy, economy and culture, discussions keep arising especially in the lay public about the enactment of the institute of the so called agent provocateur into the Czech legal environment. This institute has many supporters and also many opponents. Also some foreign legislations could be an inspiring element for the Czech legislation.

Floristic Survey of Summer Aspect in Chosen China Clay Pits in Western Bohemia

Five different china clay pits in the western part of the Czech Republic were explored and plant species were determined. These chosen pits were: Hájek-western part, Chlumčany, Horní Bříza, Otovice and Podlesí II. China clay pits with active excavation represent a specific environment concerning both physical and chemical characteristics. This article is presenting a list of the higher plants which were found within active excavation or former excavation areas. Species with a protection status according to the Czech legislation are presented in more detail. 189 different species have been found in total, including 2 species from category C4 – potentially vulnerable taxa, 6 species from category C3 – endangered taxa and 1 species from the C1 – critically threatened taxa from the Red List of Vascular Plants of the Czech Republic. 28 different species occurred at each of the five sites. Predominant species favour sandy substratum and bare surface.

Impact of the Case-law of the European Court of Human Rights on the Russian and Czech Legislation Concerning the Length of Civil and Criminal Proceedings

Impact of the Case-law of the European Court of Human Rights on the Russian and Czech Legislation Concerning the Length of Civil and Criminal Proceedings

Brownfield Topic in the Czech Legislation

The issue of brownfields is currently a very significant factor affecting the sustainable development of the society and construction business themselves since unbuilt areas are ranked amongst the most important non-renewable sources. Despite of this undoubted significance of the topic, brownfields are hitherto not adequately supported by the Czech legislation.Due to this fact, there exists no uniform and consistent terminology and classification of this business in the Czech Republic; opinions and research approaches of various scientific and research teams are highly fragmented, and last but not least it makes education with respect to this topic of the expert community as well as general public very difficult. Currently, brownfields are discussed within land-use planning and laws and implementing Decrees (Act no. 183/2006 Coll., the Building Act, and its implementing Decree no. 500/2006 Coll.) only in general terms, and they can only be included in more general categories such as “areas for redevelopment and reuse” (brownfields intended for revitalization to the level of “environment close to nature” cannot be included), or in some cases there are very specific categories such as “pit-heap, dump, stock-pile, etc.” (future land for regeneration / redevelopment) or “old burdens and contaminated areas” (brownfields without burden and contamination cannot be included). Therefore, there is no need for consistent and good-quality land investigation using given methodology as it is the case for other topics such as development of environmental systems, environmental stability coefficient, landmarks or listed sites and buildings.

The Operational and Environmental Consequences of the Polystyrene Insulation Disposal

In connection with the significant volume of polystyrene embedded in buildings as thermal insulation, in the next few years it will be needed to solve the matter of its disposal after the end of its life cycle. Hexabromocyclododecane (HBCDD) has been used as a flame retardant in polystyrene thermal insulation (EPS and XPS) for the last 50 years. The internationally recognized Stockholm Convention on Persistent Organic Pollutants prohibits future production, use and recycling of materials that contain HBCDD. It also, to a large extent, limits the options of waste management of such materials. European legislation, in particular Regulation (EC) No 850/2004 and the so called REACH Directive, established a binding legal framework for EU Member States which reduces waste management options of material containing HCDBB practically only to incineration. In the coming years, this fact requests fundamental changes in disposal of construction and demolition waste containing the polystyrene insulation and related processes on construction sites in the Czech Republic. The research is based on the analysis of the international and the Czech legislation related to this issue, and the analysis of material and technological context. The paper focuses on possible operational, economic, energy and environmental impact on the construction industry and environment, and compares the current situation in the Czech Republic with other European countries, and assesses the readiness of the Czech Republic to deal with the upcoming legislation changes.

Islamic Banking: Regulatory Background from the Czech Perspective

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.

Quiet Areas in Open Country in the Czech Republic

This paper focuses on an issue that has yet to be resolved satisfactorily and with legal relevance in the Czech Republic. European law determines framework requirements, as well as obligations of Member States to designate quiet areas in nature and in open country. The Directive of the European Parliament and Council Directive 2002/49/EC relating to the assessment and management of environmental noise was indeed incorporated into Czech legislation, but legal instruments are still lacking for fulfilling the obligation under this directive to create and protect quiet areas in nature. Therefore, the purpose behind this paper is to open certain relating problem areas and to search for an answer to the question of why this obligation has yet to be fulfilled.