Czech Legislation Research Articles

Perception of the risks inherent in new AI technologies

Artificial intelligence (AI) has undergone rapid development and is becoming one of the major social issues. The advent of generative AI is not only associated with potential benefits but also poses a number of risks, such as increasing malicious misuse. This brings the issue of regulating new AI technologies into focus. In the search for solutions, the article revisits the problem of applying the precautionary principle. We critically evaluate regulatory approaches, particularly with regard to maintaining an innovation-friendly environment. A prudent approach to new AI technologies not only requires regulatory measures but also places new demands on the education system. We also discuss the regulation of AI from the perspective of Czech legislation in a broader international context. Current challenges in the field of AI competence are highlighted. To make the issue more tangible, we provide specific examples from the Czech Republic.

Use of solid recovered fuels for heat production - analysis of Czech legislation

The article is about solid recovered fuel (SRF) and its legislation possibilities to use them as a fuel in heating plants. This solution is quite popular because it brings solution of two very problematic tasks – the decreasing of waste landfilling and the end of fossil fuel (especially coal) combustion. Due to these arguments are there many producers which offer SRF (often in the pellets form) to conventional heating plants. However heating plant have flue gas cleaning technologies, which are able to combustion SRF and keep current emissions limits, the usage of SRF is forbidden for them. The reason is in the classification of origin material as a waste and the permission and limits as a waste combustion is required. The criteria and limits for waste combustion are much stricter and for heating plants is very difficult to reach them if it is possible. The article is about view of Czech legislation, where some of law had different interpretation about waste material and SRF combustion. Article compare requirements and results for SRF from waste and SRF from waste biomass. The interpretation is described from a view of waste, air protection, IPPC, EU ETS and support of renewable energy sources law based on Czech a EU law documents. The most important is origin of SRF. When the SRF is made by waste (municipal or industrial) all laws must assess final combustion technology as waste combustion technology, the support for renewable energy sources is not allowed (except biodegradable municipal waste) and CO2 emission permit is not required. With new regulation No. 169/2023 Coll. is possible to combustion SRF, which is based on waste biomass from forestry and agriculture. The permits and limits for combustion plants are same as biomass combustion, support for renewably energy sources is possible and CO2 emission permits are not required. Investment to SRF combustion technology is not advantageous, because purchase prize of SRF will be higher than standard waste but requirements for technology will be same. Meaning of the newest legislation was not in possibilities to use of more SRF in heating plant, but bring waste and air protection law into accord, because some of waste biomass was possible to combust, however it was waste by waste law.

Dilema ochrany klimatu z pohledu práva: obnovitelné zdroje versus ochrana biodiverzity

The use of renewable energy is one of the priorities of common EU policies to achieve carbon neutrality and mitigate the effects of climate change. On the other hand, the protection of biodiversity, which also contributes to climate protection and is even a much older priority, is also one of the EU’s long-term priorities. In this article, the author analyses the current European and Czech climate legislation. He concludes that the analysis of the legislation shows that renewable energy production and biodiversity protection must be considered together in terms of planning, decision-making and enforcement. Climate protection can only be achieved if, in the future, the replacement of fossil energy sources is not unilaterally promoted in energy reform at the expense of biodiversity and the functioning of natural ecosystems. The question is, however, whether the Czech Republic is serious about measures towards carbon neutrality and energy security when it is still buying oil, natural gas and other strategic minerals from Russia two years after the Russian invasion of Ukraine began.

Disposal of the Abandoned Mine Workings of Uranium Mines – Case Study of Rožná I Mine, Czech Republic

Having abandoned mine workings, the closure strategy of mine working openings is important in terms of maintaining long-term stability. The paper describes the process of closing the mine workings in the uranium deposit Rožná using unconsolidated backfill. Before backfilling, it is vital to carry out preparatory work underground for ecological, technological or economic reasons. The mine workings backfilling using unconsolidated backfill is preceded by calculations to determine the quantity of the backfill. The stability of the mine workings opening is achieved using a closing sinking platform made of reinforced concrete. The abandonment procedure is framed within the legislation of the Czech Republic, grounded in the handbook by the National Coal Board of Great Britain (NCB, 1982), and has been gradually amended according to the experience with disused mine workings. The Czech legislation dealing with mine abandonment is very advanced and may be applied to modify foreign legislation. The abandonment procedure based on Decree 52 (1997) proposed in this paper is complemented by safety features such as micropilots in the sinking platform or shaft lining check-up before the backfill. The proposed method is applicable in mines with analogous specific conditions, such as mines free of gas hazards and coal dust. The paper concludes with an analysis of risks likely to occur due to incorrect mine closures.

Solving Separation Distances from Flammable Surfaces of Exterior Walls by Central-European Standards

The paper deals with the topic of determining the density of heat flow from combustible surface treatments of exterior walls, such as combustible insulation systems, combustible cladding of facades and from all-wood constructions of exterior walls. Heat flow density is an important indicator in determining the fire resistance rating of exterior walls and in determining safe separation distances. The article describes the ways in which exterior walls can be classified in terms of fire resistance. One of these methods is a numerical calculation (of the surface amount of released heat and heat flow density), which will be applied to various types of combustible surfaces of the perimeter walls of wooden buildings. The results showed that the numerical calculation is a suitable method for determining the classification of fire resistance rating of exterior walls with combustible coating. The Czech legislation defines the criteria for this classification better.

Water policy and legislative responses to climate change in the Czech Republic

ABSTRACT The recurring floods and droughts in the Czech Republic show that climate change requires far-reaching changes in water management. We analyse the responses already reflected in Czech water policy and legislation at three levels: strategic, statutory and constitutional. We first describe the substantial changes that have been satisfactorily introduced into the Czech government’s policies. We then trace the far less successful developments in the law, which have so far essentially been limited to drought plans and restrictions on water extraction during droughts. At the core, we concentrate on the political attempts to constitutionalize water protection.

Occupational Accident and Occupational Disease as an Obstacle to Work on the Employee’s Side – the Czech Perspective

In the paper, the author deals with the issue of the current jurisprudence of the Supreme Court of the Czech Republic regarding the employee’s right to wage compensation due to an obstacle to work on the employer’s side in the case the employer does not assign work to this employee according to the employment contract due to his or her common illness. She then assesses the relevance and applicability of these opinions in relation to occupational accidents and occupational diseases. At the same time, she bases her conclusions not only on the interpretation of the applicable Czech legislation, but also on a whole range of case law. In the conclusions, she also deals in detail with the employer’s obligation to transfer such an employee to another suitable job for him or her. The fact whether the employer has another suitable job available for the employee (and decides of his or her own free will not to transfer the employee to it) or, on the contrary, does not have another suitable job available for the employee is, in the opinion of the author, a key distinguishing criterion for considering whether the non-assignment of work by the employer should be assessed as an obstacle to work on the employer’s side (with the right to wage compensation) or as an obstacle to work on the employee’s side.

Symbols of National Minorities in the Czech Republic, Their Use, and Legal Protection

The article focuses on the issue of symbols of national minorities in the Czech Republic. The issue of symbols of national minorities, their use and legal protection is not given an attention in the Czech Republic—neither in literature nor incaselaw. Czech legislation is also silent in relation to this issue. Even so, we cannot give up on solving that issue. Therefore the article tries to include the right to use the symbols of national minorities under some of the explicitly enshrined rights of members of national minorities and subsequently derive from the general legislation the basic principles and rules for the use of these symbols by members of minorities in practice. In the next part of the article, the author tries to point out the means of protecting the symbols of national minorities and their use—both from the point of view of constitutional, administrative and criminal law. However, even here, the legal regulation is very unsystematic and very fragmented. Based on the above analysis, problematic aspects of the current legislation and practice are pointed out in the conclusion, and proposals and recommendations de lege ferenda are formulated.

Asian NRMs in the Czech Republic: Consequences of Their Recognition by State in the Era of Religious Freedom

Abstract This article discusses the effects of legislative conditions that the Czech governmental recognition of the NRMs with Asian roots as religious organizations bring to the movements themselves. It strives to answer two interconnected questions: Is there a specific cultural or religious character of the demands which the Czech legislation put on the candidates for governmental recognition? What happens when NRMs with Asian roots react to these demands while striving for the status of recognized religious organization? The possibility that the set of characteristics assumed to define any religious organization in Czech law basically follows the pattern of the established Christian Churches, as a tentative answer to the first question, opens an important direction for finding answers to the second question. The article also provides summary and discussion of the legislative changes in the Czech Republic pertaining to these two questions, and describes the development of several NRMs with Asian roots in the country.

Foreign experience of legal regulation of the conclusion of contracts between mother, father and children

In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of contractual relations between mother, father, and child, including under the legislation of the European Union states. Based on the conducted research, the author concluded that the legal regulation of the conclusion of contracts between the mother, father, and child under the legislation of the European Union states is mainly carried out through the determination of the possibility of concluding contracts, without clarifying the provisions on their form and essential conditions. In particular, the possibility of concluding a "statement on the exercise of parental rights" ("agreement of parents on establishing the procedure for the exercise of parental rights and determining contributions for the maintenance and upbringing of a child") under French civil law is defined in this way; "agreements on the method of providing maintenance" and "applications for acceptance of parental care" under German civil law; relevant agreements under the legislation of Latvia (agreement of parents: on determining the child's surname, cancellation of adoption, on establishing joint or separate parental care of the child, on establishing the terms of communication with the child of the parent who lives separately), Estonia (agreement on the fulfillment of the obligation parents regarding child maintenance), Czech Republic (agreements: on establishing paternity, on exercising mutual parental rights and responsibilities, on establishing the terms of communication with the child of the parent who lives separately from the child, on managing the child's property, on exercising parental rights and responsibilities after divorce, about the payment of alimony), Poland ("declaration of the spouses about the child's surname", "agreement on how to exercise parental responsibility and maintain contact with the child, in accordance with the best interests of the child"), "agreement on the rules for determining contact between parents and children"), Bulgaria (agreement on the place of residence of children, parentage, personal relationships, etc child support). The legislation of these countries (except Bulgaria) limits the possibility of regulating relations between parents and children by a marriage contract; Czech and Polish legislation also allows the conclusion of alimony contracts regarding the maintenance of children of their incapacitated parents. Hungarian civil and Moldovan family legislation more broadly define the essential conditions and form of contracts between parents and children, primarily regarding the contract on providing maintenance to a participant in family relations and the contract on communication with the child. In the author's opinion, the experience of these states should be borrowed, and the same detailed regulation provided for in the Family Code of Ukraine.

CZECH EXPERIENCE IN OVERCOMING THE MIGRATION CRISIS 2022

The article examines the experience of the Czech Republic in overcoming the migration crisis in 2022, which was caused by a special military operation in Ukraine. Despite the traditional ignorance of the problems of refugees from the Middle East and Africa, authorities, supported by the local population and non-profit organizations, were ready to provide large-scale assistance to Ukrainian refugees. The paper studies the main steps taken by P. Fiala’s Cabinet to support internally displaced persons. It is shown that measures were promptly taken to simplify the entry of Ukrainians into the labor market of the Czechia, access for children to educational institutions was opened, and temporary housing was provided. Amendments to the Czech legislation in the relevant areas of law and the weakening of the flow of refugees, already in the summer of 2022, allowed the Czechia to relatively easily go through the ordeal of the migration crisis, without using the country's full potential. At the same time, the study shows that the initial enthusiasm of the Czechs disappeared, and discussions began to arise about the formation of a Ukrainian minority in the Czechia and endowing it with political subjectivity. In turn, public opinion polls clearly showed that ordinary citizens were against the long stay of Ukrainians in the country

The Valuation of Land in Land Consolidation and Relevant Administrative Procedures in the Conditions of the Slovak Republic

This scientific study focuses on the assessment of the legislation on land valuation, which takes place in the framework of selected administrative procedures in the Slovak Republic. The issue of land valuation is regulated in several pieces of legislation and, in terms of content, is their unifying feature of the valuation of land for public purposes. The reason for examining the determination of the so-called “administrative price of land” is the fact that, in practice, the administrative procedures analyzed are extremely time-consuming and considerably inefficient compared to other administrative practices. Another reason for analyzing the legislation on land valuation is the fact that they also have a direct impact on the speed of the related administrative procedures and on the use of land for private purposes and, therefore, on the actual exercise of the property rights to which the parties to those proceedings are legally entitled. The main objective of this study is to examine the quantity, quality, and differences of legislation allowing land valuation for land consolidation purposes and to compare it with land valuation for restitution and expropriation purposes. In the processing of the topic, we primarily used the method of critical legal analysis and suitable and available scientific methods designed for law examinations, such as description or synthesis. In the context of the examination, we also applied a comparative method to compare the development of the legal situation of the Slovak Republic with the Czech Republic. We also used scientific and doctrinal interpretations associated with the application of case law on Slovak and Czech legislation, as well as professional and scientific literature contained in the Web of Science and Scopus databases. The results of the study indicate that, despite the multi-annual effectiveness of the legislation, it would be appropriate to resolve the problems encountered in the Slovak Republic by adopting a new code regulating the issue of land consolidation.

ACCOUNTING FOR WORKS OF ART AND COLLECTIONS – TANGIBLE FIXED ASSETS – IN ACCORDANCE WITH THE CZECH LEGISLATION IN FORCE AND THE PROPOSAL OF NEW ACCOUNTING PROCEDURES

The paper deals with the analysis of current Czech accounting procedures in the case of accounting for the works of art and collections, which are tangible fixed assets. The aim of paper is to assess the current accounting procedures of this issue and the proposal of new procedures. The method of process analysis examines the valid methodological procedures and characterizes their pros and cons. It has been found out that charging the works of art, which are tangible fixed assets, is in contradiction to the Accounting Act in accordance with the Czech legislation in force, as the result is not a faithful representation of the current value of entity’s assets. The works of art – tangible fixed assets, are represented in acquisition price in accounting. If the works of art are a part of structure, they are depreciated simultaneously with it. If they are represented independently, their value never changes in accounting in the course of time. Current accounting fails to reflect the increase of artwork value in the course of time. Therefore, it fails to provide a true image of entity’s assets and financial situation. The advantage of this way of charging is a fact that it is not demanding for an entity in terms finance and labor. New accounting procedures, which would enable the representation of the current artwork value, both its increase and its decrease, e.g. damage, are proposed in the paper. It would be possible to account for the increased market value on the basis of expert opinion in the given asset account in relation to the account in the group 58 in the 4th account class. It would be possible to account for the temporary decreased value with the help of adjustments, in the case of a permanent value decrease, in accordance with the expert opinion, the value of the given asset account would decrease in relation to the account in the group 54. The pros and cons of the proposed methodology are defined. The user would obtain current information about the value and structure of given entity’s assets. However, the adoption of the new methodology would be significantly demanding for an entity in terms finance and time.

The Factors Important in Inclusive Education of the Pupil with Traumatic Brain Injury Identified on the Basis of the Lived Experience of His Mother

Changes in Czech legislation in 2016 created more favorable conditions for learners with special educational needs (SEN) and their involvement in mainstream schools. However, we do not have enough information about the educational experiences of pupils with SEN/their parents, and some types of SEN, for example, traumatic brain injury (TBI), are under-researched worldwide. A qualitative design was chosen to explore the lived experiences of a mother (52) of a learner with traumatic brain injury (14), educated in a typical elementary school. Semistructured interviews based on the biographical narration of the mother together with studying the pupil’s documentation and using a brief questionnaire with the pupil and three members of the school staff were all used for data collection. Data analyses carried out according to van Manen’s approach that revealed seven themes: (1) what helps, (2) barriers, (3) active life and well-being of the pupil, (4) decision-making, (5) social environment approach, (6) participation, and (7) the future. The results of this study point to a number of obstacles that the pupil and his mother faced in education and also represent the ways how to cope with them. The study depicts the school life of the pupil with TBI and his family and helps us perceive disability and what it brings to life from their perspective.

Mammals at rescue centres in the Czech Republic: Trends in intake and outcome, causes of admission, length of stay and release rate

Rescue centres in the Czech Republic care for injured, young uninjured, and otherwise physically damaged wild animals that are temporarily or permanently incapable of looking after themselves without assistance or incapable of surviving in the wild. We evaluated the numbers of mammals admitted to 37 rescue centres in the Czech Republic in a ten year period from 2011 to 2020, the causes leading to the admission of these mammals to rescue centres, their outcomes and their length of stay at rescue centres. In total, 73,499 mammals were admitted to the Czech rescue centres in the monitored period, with an increasing trend being found in the number of admissions (rSp = 0.9030, p < 0.05). The mammals admitted in the largest numbers were Chiroptera (39.36%), primarily the common pipistrelle (Pipistrellus pipistrellus), and Insectivora (35.85%), of which the largest proportion was made up of European hedgehogs (Erinaceus europaeus). Although according to the IUCN classification only 0.26% of admitted animals belonged among Endangered or Critically Endangered species, according to the Czech legislation, 47.21% of admitted mammals belonged to species in varying degrees of endangerment in this area. The most frequent reasons for admission were the admission of young (33.18%) with differences between the Orders - the highest number of admitted young of Rodentia (72.66% of all admitted Rodentia) and the lowest number of young of Chiroptera (2.74%). Of all mammals admitted to rescue centres, 45.83% were released back into the wild, 24.52% died at rescue centres, and 9.50% were euthanized. The highest release rate was achieved in Chiroptera (74.60%) especially those that suffered from malnutrition (63.09% of all admitted Chiroptera due to malnutrition). The length of stay was longest in young Artiodactyla released back to the wild (median 87 days). The data obtained from rescue centres provide an overview of the numbers and species of animals admitted and the outcome of their rehabilitation. Since almost half of mammals admitted could not be returned to the wild, it is also important to determine correctly which individuals should be treated and what is the most efficient use of resources for wildlife rehabilitation.

Exploration and Investigation of High-Level Radon Medicinal Springs in the Crystalline Units: Lugicum

Radioactive (radon) groundwaters are highly valued among mineral waters for their healing effects. Between 2005 and 2015, a large exploratory event for prospecting and documenting radon water springs took place in the crystalline area of Lugicum (Bohemian Massif) under Czech–Polish cooperation. For these purposes, an exploration method was developed as a combination of GIS (ArcMap 9.1–10.2) area preparation followed by field radiohydrogeochemical mapping at a scale of 1:10,000. The gamma indication method was optimized and used for the selection of water samples. A total of 2354 water sources were examined. Radon activity concentrations were measured at 660 sources found throughout the territory. Of those, 111 sources exhibited 222Rn activity above 1500 Bq/L and, thus, were categorized as sources of mineral radioactive waters according to Czech legislation. The highest 222Rn activity was found in the Michael spring near Nové Město pod Smrkem (up to 6237 Bq/L 222Rn). Many discovered sources with high balneological potential are significant and, therefore, are quickly becoming popular among the public.

Service providers and electronic evidence collection

This paper deals with cooperation between information service providers and law enforcement authorities. LEAs increasingly demand electronic evidence from the ISPs for criminal investigations and the amount of these requests will likely increase with the implementation of the proposed European legislation on electronic evidence. This paper focuses on the analysis of current Czech and European legislation, practical implementation of procedural rules, and deals with problems that may negatively affect the quality of criminal investigation and cause unnecessary burdens on ISPs. The aim of this paper is to propose a set of compliance measures and procedures through which ISPs could prevent these problems.

Agroforestry in the Czech Republic: What Hampers the Comeback of a Once Traditional Land Use System?

The interest in re-implementing agroforestry (AF) in European agriculture due to its environmental benefits has been growing exponentially. We reviewed the historical background and the current state (extent, farmers’ perception, legislative support, and barriers) to evaluate the future perspectives of AF in Czechia by identifying the key factors hampering further extension. Our results confirmed that AF almost disappeared after the middle of the 19th century due to agricultural intensification and collectivization. Currently, AF is not defined in the Czech legislation and no modern AF has been encountered by this study. Areas falling into AF definition recently comprise only traditional AF (less than 1% of agricultural area remaining) represented only by silvopastoral AF. The results of a farmers’ survey indicated that despite relatively high interest in AF, excessive bureaucratization, high costs of establishment and uncertain profitability are severe concerns among farmers. We therefore conclude that there is a lack of legal recognition and marginalization of AF as the key obstacles of low adoption rates. We suggest that systematic support beyond subsidies should include raising awareness, research, policy, legislation changes, training, and advisory service, as a cornerstone for progressive development of AF and thus conservation and creation of economically and environmentally sound landscapes throughout Czechia.

Microsimulation of pedestrian conflict with other transport modes

An effective solution of the conflict points of different transport modes is a significant issue at the urban level today. With the permanent increase of traffic in cities, it is necessary to look for suitable and sustainable transport solutions to these situations, so that the traffic flow is smooth and the transport remains safe, ecological and economical. The paper deals with the design of a simple decision-making tool for selecting the solution of pedestrian conflict with other traffic modes (classical pedestrian crossing, controlled pedestrian crossing for defined pedestrian and vehicle flows, based on experimental microsimulation. High pedestrian flows their dependence on the delay time of road users are not properly implemented in Czech legislation. The results are verified in a case study of conflict solution within the reconstruction of a public transport terminal in Prague.

Polemika s expertním názorem na regulaci náhradního mateřství v České republice

As a key result of the three-year research project is labelled the expert opinion published in the Journal of Medical Law and Bioethics. The aim of the project was to identify and analyse problems related to surrogacy in Czech legislation. The key result does not take into account many aspects of surrogacy. Some stated opinions seem very problematic and most of them need to be explained or, at least, put to the ray of extensive consideration. This article shows other, polemic opinions with hopes to be noticed as an academic discussion on such an important topic.