Journal of Law and Security 2-2018

Dozens of reasons why the country was not in 2017 by the regular economy


Miloslav Kala

Page 6 

The author explains in a concise and accurate way why he came to the conclusion that the state did not manage to dispose of public property with proper care of a good manager in 2017 and why he thinks that public sector lags behind the private sector and slows down the development of society. He illustrates this by stating 12 findings based on the facts published in the Annual Report of the Supreme Audit Office for 2017. First of all, he notes that certain functions of the state are blocked, which makes it impossible for the state to find those who abuse and parasite on it. The low efficiency of the state administration is demonstrated on the slow pace of transport infrastructure building, where just the administrative preparations take unbearably long time. The construction of motorways is twice as long as in neighboring Poland, and even though the price of motorway construction (measured at 1km) has been reduced, the quality of motorways is incomparable compared to neighboring Germany. The underlying topic of the article is also the slow implementation of digitalisation in the public sector despite ambitious strategic proclamations. The low performance of the state apparatus is also mentioned in the criticism of drawing EU funds due to the inability to prepare quality projects. In conclusion, the author expresses the hope that the ordinary Czech citizen will have a small and efficient, digitally interconnected, functioning state administration for the 21st century in the future, yet for the time being he is still forced to face a confusing and bureaucratic system that does not serve him.

 The proposal of the Supreme Public Prosecutor's Office to cancel a complaint against the initiation of a criminal prosecution (notification of the charge)


Renata Vesecká

Page 14


The specialised contribution deals with the comment of The General Prosecutor Office to the proposal for the Government Bill to Parliament to change the enforcement rules in relation to the European Public Prosecutor’s Office. Within the "inter-sector comment proceedings" of the legislative process the General Prosecutor Office applies its own the proposal for the prohibit of the right of the accused person to complain against the decision of the initiation of public prosecutions in criminal proceedings. This specialised contribution  discusses the pitfalls of such the proposal and the reasons for its refusal.



What is foreign property?


Zdeněk Koudelka

 Page 20

The text deals with the application of the facts of the offense of breaching obligations in the management of foreign assets. The text is based on the fact that the property of a business partner is legally separated from the company's assets, but it is not a foreign property. A relationship between a partner and a company is the relationship of the controlled and controlling entities that are linked to property. This is right to take into account in criminal law.


Public procurement – the lessons learned of the findings of the Office for Protection of Competition and the Supreme Audit Office for 2017


Petr Kolman

 Page 26

In the submitted expert text, the author focuses on an important topic of public procurement. The text is composed of two parts, the first part analytically focuses on  the topic from the point of view of the control findings of the Office, in part from the viewpoint of SAO inspections. The text provides an insight into what mistakes you can avoid in the future in the field of public procurement law.

Priority and territoriality in deciding on the admission of an expert and expert body in criminal proceedings


Aleš Váňa

 Page 31

The article deals with two specific topics regarding an invitation of an expert (an expert institute) in a criminal proceedings. The first is whether there is a priority of an expert institute to be invited when a law enforcement authority intends to invite an expert under the sec. 105 par. 1 of the Code of Criminal Procedure (a question of priority). The second is whether a law enforcement authority has obligation to consider a question of a specific regional court administrating the list of experts and translators in which the expert is listed, and if so, what are the consequences of breaching such obligation (the question of territoriality). The article tries to provide answers on these questions or at least to raise a discussion on the topic.


Journal of Law and Security 1-2018

The Process of Integration of Immigrants in the European Union


Peter Poljakovič

 Page 6

In order to obtain relevant knowledge, which is understandable, interpretable and can   be  compared over time, the authors' attention is mainly focused on employment policy (where the main indicator is the chosen unemployment rate) and education policy (where the main indicator followed was the chosen level of education and its percentage of  the original population). The objective of the article is to briefly describe the integration process in selected countries of the European Union using statistical data and case studies. The article consists of examples of EU countries' access to the integration process, enriched with evaluated statistics in the form of graphs. The conclusion can be considered as a summary and evaluation of the acquired knowledge.

Organized criminal group


Zdeněk Koudelka

Page 22

The article "Organized criminal group" deals with criminal law treatment of organized crime. It points to the possibility of abuse of this institute by the police and the public prosecutor's office. Statistics show that the public prosecutor's office is often the case with organized crime groups unsuccessful in the courts.

The question of duly justifying a second-instance administrative decision


Petr Kolman

 Page 29

The article addresses the issue of administrative procedural law. The text analyzes whether it is permissible to repeat, for example, certain dates or passages de facto taken from the contested first instance decision in the context of the reasoning of the second instance decision of the appellate administrative authority. Or does the administrative "second-level" authority always have to provide new information and legal ideas in the rationale that the first-level administrative authority did not apply? Can it be said that such a "repetitive" second-step decision suffers from a faultlessness?


Collaborating accused


Zdeněk Koudelka

 Page 33

The article "Collaborating accused" is one of the institutes that are accepted from the Anglo-Saxon legal system into the Central European Continental Law System. Its aim was to uncover organized crime groups such as Mafia groups. The risk is the veracity of the testimony of the collaborating accused who, in an attempt to save himself, can testify to an attempt to indulge the police or the public prosecutor, and sometimes he can fabulous.


Role of the prosecutor`s office of Ukraine as a subject of the national security in an environmental sphere


Alexandr Golovkin, Igor Skazko

 Page 40

The topical issues of ensuring environmental safety as an integral part of Ukrainian`s national security was explored. The legal principles of the activities of the prosecutor outside the criminal justice system in the field of environmental protection are considered. The definition of "exceptional cases" of the office of representation by the prosecutor's office is given and the necessity of introducing into the current legislation the norms concerning the representation of the state's interests in court by the bodies of the prosecutor's office on matters in the field of environmental protection is grounded.


Journal of Law and Security 3-2017

 Motivation of self-governments to implement the Smart City Projekt


Zdeněk Dufek

Page 6

The paper deals with the analysis of why public administration representatives are currently popular solutions for Smart City projects. Past trends in local government policies, individual factors of attraction of the new trend and the pitfalls of the development of these topics are analyzed.

 Partnership for local development AND SAFETY 


Miroslav Foret

Page 11

The paper is devoted contemporary marketing projects shift from previous Communicating Town to Partnership for local development, which plays key role in management of towns development. Methodology is based on secundary analysis of eight repeated empirical public opinion researches Brno citizens, conducted by International Institute for Marketing, Communication and Entrepreneurship (IIMCE) in years 2005 – 2016. There were also questions about citizen safety and opinions on immigrants. These softdata were confronted with Czech Statistical Office harddata.

 Look into the complaint file


Petr Kolman

Page 26

The article is mainly from administrative procedural law. The main topic is to address the issues of viewing the administrative file. This is especially the case of the complaint. The author analyzes primarily the research questions whether it is possible to manage the administrative file and the complaint file in two separate regimes? Is it (necessary) to merge these files into one? How does it look at the complaint file? The author presents case law in  this area. In the second part of the paper the author presents the solution of the mentioned questions. The text is intended for law-enforcement practice, but it draws on the theory of administrative law.

 Ministerial agreement on the municipality's territorial plan


Zdeněk Koudelka

Page 35

The text critically deals with the agreement of the Ministry of Culture and the Ministry for Regional Development on the municipal plan of the municipality, which however does not agree with the agreement and is not a participant.



Vladimir S. Belykh

Page 40

The article is devoted to the biography of the Russian President Vladimir Putin and to the main stages in his political career. Special attention is paid to the former mayor of St. Petersburg Anatoly Sobchak and his team. The author analyses domestic and foreign policy of Russia during the presidency of V. Putin making some conclusions and proposals.


Journal of Law and Security 2-2017



Miloslav Kala

Page 8

The Article is composed in the form of consideration of the current state of the Czech legal regulation in the field of managemnt of public resources. The author is trying the approach the subject by considering two seemingly unrelated issues, the question of public awarness of its constitutional rights and freedoms esp. privacy and access to information and the issue of recent unsuccessful legislative attempts to   extend the competencies of the Supreme Audit Institution and to propose new law on financial control. The link between these two issues is seen in alleged lack of information about the way how state manages the public resources and the recent disapproval of the Parliament  of the proposed laws. Both examples are elaborated in depth in most of the Article, being analysed from various points of view and compared to situation in other EU countries. Considering the availability of the the large scale of infomation regarding public affairs in the area of public spendings and public audit, the author comes to the conclusion that the only way how to reform the area of audit of public resources is raising awareness of the Czech public and media in order to impose focused pressure on deputies in both chambers of the Czech Parliament. The reform of public finances is the key how to achieve better management of public money by state authorities and municipalities and is also regarded as vital by the European Union.

Key words: due care, management of public resources, access to information, Supreme Audit Institution, financial control.


Getting information from subordinate police officers by chief police officers


Zdeněk Koudelka

Page 16

The paper focuses on authorization and possibility of chief police officers to get information especially during criminal investigation. The paper assumes that although the police activities are supervised by the public prosecution in the pre-trial stage of criminal procedure, police officers acting in the Service of Criminal Police and Investigation are still members of the Police as a united armed security force based on principle of executing orders given by the chief police officer.  The chief police officer is entitled to gather information about the activities of their subordinate police officers for their own needs as well as various analytical departments have the same right. These departments are able to get more findings by processing information which they would not be able to get otherwise.


Migration in the context of common defense and security policy in the EU and the Czech Republic


Petr Rožňák

Page 29

There were several serious circumstances which led the author to write this article. These are not only worsening international security situation but also the rise of institutional crisis in the Eurozone as well as increasing emptiness of social elites. An organized migration wave which crosses the permeable Schengen boundaries still continues and shows how fragile and toothless the European Union is. This fact divides the EU member states into patriarchal and patrimonial ones and distrust among the member states is on the rise. Apart from that, particular regions look differently at ensuring their own security. Stability, freedom and democracy in individual European regions are also endangered by deviating from the proven vertical way of managing the society (state-region-district-municipality) and clinges to the horizontal, non-systematic and chaotic management of society. In some European regions there already are closed communities (France, Belgium, Germany, Sweden, United Kingdom) where the law of the country does not apply. Ostentatious humanists abuse the situation and talk about solidarity and compassion. Actually, they undermine democratic and Christian principles on which the European national states are based. If this is done consciously or unconsciously, out of cunning or stupidity, it is not important for the Europeans, Czechs and Slovaks. The genie of Lucifer's effect is released from the bottle this way. Our prosperity and security are threatened not only by terrorism, radical islamism, mass migration but increasingly and more structurally obviously also by stupidity of the elites. The submitted text corresponds to IGA_Z4_02_2015, in which rechearchers and student of the University of regional development in Prague and Mendel university in Brno cooperate together with rechearches from the University of Mikuláš Copernicues in Poznan in Poland.                 

 Activity – Work


Karel Marek

Page 50

The basis for the draft new legislation was taken from the regulation of this contract by the Commercial Code and having taken regard to certain legal regulations by other countries, because the concept of contract work as contained in the former Civil Code was strongly influenced by its original design from 1964 and the by patterns of the Civil Code of 1950. In some respect certain provisions of former Code of International Trade were also take into account, the normative structure of which was “borrowed” by the later Commercial Code. The new Civil Code regulation, however, should be more precise and clearer than the previous arrangements.

 Dangers of neuromarketing


Miroslav Foret

 Page 62

The aim of the article is to formulate four questions and try to find answers about theoretical and methological problems of contemporary neuromarketing. First  of all it is clear that neuromarketing is only part of marketing. The main contribution is for marketing research, especially for  understanding  consumer behavior and customer decision - making process. Neuromarketing offers results of exact labortatory (in vitro) measurements about the brain and its functioning. From the theoretical point of view neuromarketing starts at behaviorims. Methodological problems are mainly connected with validity of the measurements and representativeness of the customers sample in the laboratory investigation.


 Managerial principle 4E in public administration


Jaroslav Komárek

Page 67

The paper compares the general concept of the 4E managerial principle with the legal regulation of the 3E principle (economy, effectiveness, efficiency) in the Financial Control Act, pointing to problematic interpretation of principles and to a different practice of assessing economic effectiveness. Similarly, there are critically assessed the principles for the evaluation of tenders regulated by the amended Public Procurement Act and a procedure for eliminating the evaluation deficiencies has been proposed. In connection with the evaluation of the tenders are listed problems determining the life cycle costs and the importance of risk management. As a fourth E the Corporate Social Responsibility principles are presented and critically assessed their interpretation in the Ministerial CSR Handbook for Public Administration.


Journal of Law and Security 1-2017

 Change of Asylum Law


Zdeněk Koudelka

Page 5

The text is a reflection of the change in asylum law in Bohemia, Moravia and Silesia in connection with illegal immigration. This paper focuses on a possible change of the Charter of Human Rights and Basic Freedoms and the Law on Asylum. Nevertheless, the author sees the problem in the fact that the law is not being complied with, especially the European law, and therefore there is no need for the change of law according to the author. The essential problem is that the European principle according to which a person can apply for asylum only in the first safe country which they entered (Greece and Italy) is not being complied with. This problem is then caused by a refusal to apply this principle by Germany. Another serious problem arises while returning unsuccessful applicants to their states of origin or to the states from which they entered the European Union.

 Inspection activities


Karel Marek

Page 14

Under an inspection contract, the inspector undertakes impartially to inspect the condition of a certain item, or to the results of a certain activity, and to issue a certificate of inspection to this effect, and the client requiring such inspection undertakes to pay the inspector a fee. At the same time, contractual arrangements which would oblige the inspector to a duty which could have an impact either on the impartiality of the control or on the corectness of the control certificate shall be disregarded.


Reasons of Existence of lay participation in decision-making process from the point of view of three powers


Milan Boháček

Page 22

Lay participation in judicial decision-making in the Czech Republic in the form of lay judges has had a long tradition. This may be the reason why hardly anybody today asks questions about the meaning of its existence. Whenever case law or the government comment on the system of lay judges, they do so principally on matters of a technical or organizational nature. However, it is questionable how much the system is actually firmly entrenched in the legal order and people’s awareness, and whether the anticipated social consensus concerning its existence is not only a conjecture. The paper will point at selected case law regarding the institute of lay judges, it will focus on its interpretation in the sense of the traditionally declared reasons for the existence of lay participation in the judiciary, and it will point out the importance of questions over its meaning.


Selected questions from new legislation on public procurement in the Czech Republic


Petr Kolman

Page 32

The text deals with the topic of public procurement law.  In the present text , the author focuses primarily on selected important changes introduced by the new Czech Act on Public Procurement for contracting authorities. The text addresses and analyzes a particular topic of technical and economic expertise. Furthermore, the topic of procurement of legal services is also analyzed. The presented paper addresses a crucial issue, stricter in-house procurement, as well.


The global producer and local promotion


Miroslav Foret

Page 40

The Starobrno Brewery is part of Heineken Czech Republic, a.s. The article demonstrates how results of marketing researches in 1992 and 1993 were used  in the Czech Republic to understand consumer behavior and customer decision - making process which is called local beer patriotism and how this specific consumer behavior is used  in Starobrno Brewery  promotion, now. In this context, the paper describes and analyzes specific steps chosen by the mentioned brewery which have led to success.


3E principle in Implementing Public Construction Investment in Law and Practice


Zdeněk Dufek a kol.

Page 47

The article describes regulation of 3E policy (Economy, Effectiveness, and Efficiency) in the Czech legal order. The practical attitude of the South Moravian region in implementation of the 3E policy in frames of mentioned regulation is described as well. The authors point out that neither the new regulation on public procurement nor the previous one explicitly dealt with the question of effectiveness. However, the duty to comply with the 3E principle is stipulated in other laws which regulate the activities of public bodies (especially the Law on Financial Control can be mentioned in this context).




Rudolf Horák

Page 56

The article deals with possibilities of civil protection by evacuation form. It is a one of effective ways of population protection. In article is pointed out to when plan of evacuation, what are the influencing factors of evacuation of population. The phases of decision-making process to planning and realization of evacuation are described in more detail. These are phases: identification of solution threat, preparation of decision (in those phase shall go out from closes of analyst parts and shall deal with assessment of planned goals), issue a decision (sense of those period is assessment such alternative of solution, that the meet of the best goals of solving decision making problem), implementation of decision and verification of a process realization (period, where does processing evacuative plans and result of checking realization  evacuation is implementation decision). At the close of the article is pointed on tendency in those problems. Another serious problem arises while returning unsuccessful applicants to their states of origin or to the states from which they entered the European Union.


Testing of safe deposit boxes in the Slovak Republic


Štefan Jangl, Lucia Figuli, Vlastimil Mach, Zuzana Zvaková

Page 68

The authors participated in the testing of mechanical barriers in terms of breakthrough resistance in the company Certest – Revimont – DG Ltd. Bystricka in Martin, which is a certification authority in the Slovak Republic for all mechanical barriers. The outcome of these tests was the request of the manufacturer's equipment, Koval Systems a.s. Beluša, for the certification according to Decree of No.337/2004, as amended by the National Security Authority of the Slovak Republic and their classification as certified funds which could be use for the protection of protected objects and premises.


Prosecutor of Ukraine in Proceedings on Environmental Protection


Olexandr Golovkin, Igor Tupelniak

Page 79

The features of legal procedure characteristics in the proceedings on environmental protection are investigated in this article. The problems regarding special knowledge used in the investigation of such crimes are defined and the ways how to improve the current criminal legislation of Ukraine are mentioned. The authors point out that it is necessary to pay attention to international cooperation in this area and to study the positive experience of the prosecutor's offices abroad. It is also concluded that it is necessary to create subdivisions of environmental police, who must carry out law enforcement and control all the important natural sites located on the territory of Ukraine.


Information about the publication: Jiří Pernes. Moravian regional presidents


Zdeněk Koudelka

Page 89


J. V. Andropov – Pages of life


Vladimír Belych

Page 90

The present text focuses on Yuri Andropov who was the General Secretary of the Communist Party of the Soviet Union (1982–1984) and because of that the most powerful representative of the State and the whole communist bloc. The author points out his inconsistent but significant personality. His influence had been very significant even before he entered the function of the General Secretary because since 1967 to 1982 he had been the chairman of the KGB (i. e. chairman of the Police as well as of the espionage). This paper also point out his interests and overview in economy, politics, and international law as well as in the arts. Andropov worked shortly in the highest position in the party but he prefigured the advent of M. Gorbachev in 1985 who he supported after a short period when K. Chernenko was in function (1984-1985).


Journal of Law and Security 2-2016



Bolesław Banaszkiewicz

Page 7

The author deals with the current constitutional crisis regarding the Constitutional court in Poland. The crisis is determined by two activisms which are in conflict – the democratic one and the judicial one. The contribution is mainly focused on a detailed analysis of this conflict. At the end of the contribution the author suggests his own solution how to replace the current technocratic model by a democratic one. The democratic model would promote the accountability of the law-making body for the enacted laws as well as the public interest in complying with the constitution.




Ivan Halász

Page 42

After an economic and social transformation which Hungary underwent after the fall of the communist regime, it also began to establish guarantees of an independent justice system. This trend is also reflected in the wording of the democratic Constitution which came into effect on 1st January 2012. The contribution is focused on changes in judiciary which the new Constitution has brought. The author points out that the new Constitution has determined many changes concerning not only the judicial system but also the manner how all the state bodies shall function.




Miloslav Kala

Page 50

The Article is composed in the form of polemics with opinions of two leading constitutional experts Aleš Gerloch and Jan Tryzna as they were published in legal journal Správní právo No. 5/2014 under the heading “On position of Supreme Audit Office of the Czech Republic within the organisation of state authorities and on change of its competencies”. The polemics is focused on two arguments discussed and disputed by these experts. In first argument they express doubts about SAOs competence to draw attention to its findings by “only” reporting them to the Government and the Parliament and not prosecute breaches of regulation in public sector itself. In second one the experts criticise the legislative proposal to extend SAOs audit powers on regional self-governing entities and private law enterprises with public share because it would allegedly endanger their proprietary autonomy and other constitutional rights. Both arguments are elaborated in depth in most of the Article being analysed from various points of view and compared to situation in other EU countries. The conclusion of this analysis differs from mentioned expert findings. The final section of the Article is dedicated to “de lege ferenda” recommendations expressed by the experts in Správní právo journal and concludes that there is no need to modify the constitutional nature of SAO to other types of audit institutions like e.g. court-like institutions. Instead, the time has come to create well thought out and interlinked public system of control influenced by development in similar type of foreign public audit institutions.




Zdeněk Koudelka

Page 62

This article copes with circumstances of issuing the recent judgment of the Constitutional Court which deals with competencies of court and public prosecution in the pre-trial stage of criminal procedure. The author also mentions and analyses other particular cases dealt by the Constitutional court which preceded the Constitutional Court judgment No. Pl. ÚS 4/2014 and where the right to a lawful judge was at stake as well. The article also focuses on other aspects of constitutional right to a lawful judge, which is an essential element of exercising justice and judicial power in Bohemia, Moravia and Silesia.



Renata Vesecká

Page 91

In a broad sense, the purpose of the criminal proceedings is a fair trial. The existence of a proper process which is in accordance with the Constitution is an essential prerequisite for existence of the democracy and the Rule of Law. The Right to a Fair trial is regulated by Law in Art. 90 of the Constitution, Art. 36, 37, 38 and 40 in the Charter of Fundamental Rights and Freedoms. This Right is not constitutionally defined but inferred from the wording of the Constitution and the Charter of Fundamental Rights and Freedoms (as is shown from Art. 8 paragraph. 2 of the Charter). The precise terms of the concept of the Right to a Fair trial is defined by established case law of the Constitutional Court and the European Court of Human Rights. Sub components of a the Rights to a Fair trial constitute the contents of the principles of criminal proceedings. In my contribution I would like to point out the legislations that raise doubts about compliance with the concept of a fair trial.




Jiří Kmec

Page 101

The aim of this contribution is to provide a brief overview of the case-law of the European Court of Human Rights concerning criminal proceedings issues in the Czech Republic. It focuses mainly on the critique contained in the judgments of this international court against the Czech Republic, but it mentions also the cases where no violation of the European Convention on Human Rights had been found and attracts the reader’s attention to several cases still pending in Strasbourg.




Josef Šíp

Page 109

The aim of the paper is to describe how in the presence the compliance with the right for a fair judge is assessed when concerning the associates. To fulfil this aim, in the text I will present several legal opinions of the Constitutional Court which it declared within the proceedings of the constitutional complaints whose main core was an observation of the violation of the right for a fair judge which also included the right for a fair associate. The text of the paper will be divided into four chapters. First, I define the right for a fair judge as is established in our law. Then, I will discuss a topic of associates, their definition and how the right for a fair judge is presented in case of their appointment instead of the members of the court senate. In the third part I will deal with a current case file no. II. ÚS 2430/15 which, in my opinion, will determine a character of the assessment of the law for a fair trial during assigning of the associates in the other cases. At the end of my paper, I want to focus on the consequences of the accepted decision in the future.




Zdeněk Koudelka

 Page 119

The aim of the contribution is to argue with the recent judgment of the Constitutional court (II. ÚS 2430/15) which according to the author relativizes the right to a fair judge because it does not relate the criteria set up for judges to associates. The contribution also focuses on another recent judgment of the Constitutional court (III. ÚS 3383/14) where the dissent opinion of the judge Radovan Suchánek is highlighted because this opinion expresses a different standpoint to this issue. This dissent opinion considers the guarantees specified for judges shall strictly be applied to the associates as well.




Zdeněk Jemelík

Page 132

The author is a longtime member of a fellowship called „Spolek Šalamoun“ which deals with cases where somebody was harmed by the state bodies: an innocent person was convicted or an inadequate punishment was imposed. The author notes several cases which the Spolek Šalamoun deals with and points out injustice which was inflicted to the clients of the Spolek Šalamoun by the state bodies in the framework of a criminal procedure.




Zdeněk Dufek

Page 138

The article describes the current state of expert profession within the Czech Republic and discusses the role of experts in the framework of a fair trial. The analysis of the historical development of the remuneration of experts is made and a comparison is made with remuneration for the work of other professions involved in the process of securing justice. A calculation of the appropriate remuneration of expert is made. The article also addresses the issue of tort liability of experts.




Tomáš Strémy, Natália Hangáčová

Page 145

In this article authors focus on elaboration of the idea of the single European VAT area and are pointing out on defects of current system, particularly on tax frauds connected with VAT payments. In the introduction they elaborated Action plan of the European Commission, which was approved in April 2016 and are pointing out on differences between really collected VAT in the EU Member states and VAT which is expected to be collected if the current system do not have defaults which enable existence of some basic tax frauds. Moreover, they studied functioning rules of currently applicable VAT system and are identifying differences between newly drafted single European VAT area. Consequently they are focusing on two basic proposals of the European Commission on the way to single VAT system in EU. Additionally, authors are explaining four most common tax frauds, respectively VAT frauds. At the closure authors present summary of benefits of the single European VAT area, its aims and presumed outcomes.



Monika Škrovánková

Page 154

The contribution of the author deals with the topic of presumption of innocence in Slovak criminal law. The author states the sources of law in Slovak legislation which include the principle of presumption of innocence. The first chapter further analyses the principle of presumption of innocence in Slovak law, by analyzing its content and nature, the procedural rules stemming from this principle and also its history. In the second chapter and in the conclusion the author analyses the principle of presumption of innocence from the point of view of its applicability in practice in the means of Slovak Republic.




Andrea Pelikánová Schelle

Page 173

This article is intended to be a reflection on the application of the law and institute of interpretation of legal norms in the context of justice. The subject of my paper is to highlight some of the issues in the context of interpretation of legal norms and perception of application of law by professionals, as well as the public. My motivation for writing this paper was the broader legal environment that changes constantly within time and thus its interpretation and application of the legislation itself. The question of justice is not only a matter of law but it must be considered from several aspects, especially in the context of the application of the law. I hope that this brief reflection will be interesting not only for fellow lawyers, but also for the wider public.


Journal of Law and Security 1-2016



Miroslav Foret

Page 7

The article is devoted to the link between projects Communicating Town and Partnership for local development. The idea of local development issues from experiences and results obtained in previous international project Communicating Town in the first half of the 90´s.  One of its general conclusions describes local development as a partnership and a communication among three main participants – the local publics (citizens/ inhabitants, civic initiatives, politicians, journalists), the entrepreneurs and the public administration. Especially the relationship between the local publics and the entrepreneurs is full of conflicts. Both sides have very often different ideas about local development. The local publics think about pleasant life (with such values like nature, quiet, cleanness). But the entrepreneurs are thinking first of all about their economic goals (like profit). Therefore the public administration has the task to solve these conflicts and to find a compromise solution. In the case of the local tourism we should include other stakeholder group – visitors (tourists).




Rudolf Horák, Lenka Danielová

Page 15

The article discusses the strategy of safety in the European Union. It is described in the article in terms of the general, but there are also described the specific objectives of the European Union, and the main tasks leading to their fulfilment. It is expected that the European Union will defend its values, live interests, security, independence and integrity. It will also consolidate and support democracy, human rights, rule of law and principles of international law. It also aims to strengthen international security, including the protection of its external borders. This is necessary to create and prepare the armed forces of the European Union. Their specific responsibilities will be directed towards internal security and protection of external borders.


Appointment of the Government in Bohemia, Moravia and Silesia


Zdeněk Koudelka

Page 31

The article deals with the appointment of the government. It discusses the possibility of the president being able to reject the proposals from the prime minister on the appointment of the minister. It also deals with the status of the government without the confidence of a Chamber of Deputies. The conclusion is that the determining factor over the appointment of the government on who can appoint the prime minister is the president. The president also has the power to reject the proposals of the prime minister on the appointment of a minister.




Jiří Kroupa

Page 49

Conception democracy is the centre of the focus political theory and practice. Belongs toindeed to many significant conceptions, how about it witnesses much adjectivization, with which is this conception cursive. Alongside it however exist and various avenues of approach hereto conceive, drafts and mock-up. These avenues of approach join democracy with her feature, e.g. with human rights or separation of powers. Drafts exist essentially two. Of competition (emulous), when representation focuses realize political parties through election, and corporative, based on special interest groups. Frame fecit A. Lijphart – consocianotial and majoritarian, later and consensual. To K. W. Deutsch then to delimitation democracy redounded its test relevancy democracy.




Petr Průcha

Page 57

The paper deals with the sight of a corrective and supervisory resources in the existing mode of administrative procedure in the Czech Republic, on the occasion of 10 years from the acquisition of its effectiveness to date of 1.1. 2006.

Both briefly points out the basic differences, adjustments to these funds from their previous edits, from 1967, and, in particular, presents the practical manifestations of the application of these resources in the meaning of their application in public practice.

Emphasis is laid on the approximation interpretation and application of legislation of the relevant institutes and funds in connection with the presentation of selected, and at the same time the representative or steady interpretative views of the Czech administrative justice to these institutes, and it is through the prism of the past period of time.


„The electronic bracelets“ for a person in custody can strengthen the principle of presumption of innocence


Renata Vesecká

Page 75

The aim of the article is the legal analysis of a Criminal custody as a tool which an accused person in the criminal procedure is provided for the purposes of criminal proceedings. The Criminal code defines exhaustively the reasons for Criminal custody and under certain conditions when the accused persons may limit their freedom for the purposes of criminal proceedings. It is undisputed that the Criminal custody represents a significant interference with the fundamental rights of the accused person in the criminal procedure, particularly the right to freedom of movement under Article. 8, paragraph. 1 of the Charter of Fundamental Rights and Freedoms. Staying the accused person in the criminal procedure  in a Criminal custody affects the position of the accused person in the criminal procedure as a subject of criminal proceedings and the exercise of his further rights. The introduction of electronic monitoring as well as for the accused persons in the criminal procedure in the Criminal custody can emphasise some principles significantly as a guiding ideas valid for the Criminal proceedings, for example the principle of  presumption of innocence.




Sergey F. Udartsev

Page 85

The principal conditions which cause the necessity to conduct constitutional reforms have been considered. The attention was paid to its reasons and factors that influence on its carrying out, political and economic processes progressing in the society, and accumulating contradictions. The author considers the constitutional reform as one of the means relating to the regulation of public processes in order to ensure the historical adaptation of the legislative system and the state to new conditions, crisis management as well as sustainable development and public agreement.  


Journal of Law and Security 2-2015

This year's marketing research Brno in the framework of the project Partnership for Local Development


Miroslav Foret

Page 7

The paper presents some practical results and marketing research methodology recommendations from the latest marketing research conducted in Brno in March 2015. The representative marketing research was repeated exactly a year after. The comparison among results shows some differences and similarities as well.



Stalin, Truman and Churchill in Cold War times


Vladimir Sergejevič Belych

Page 21

The author analyzes the reasons for decisions leading players during the Cold War – Stalin, Truman and Churchill. Although fell ideological reasons division of the world, stereotypes still persist behavior of political representation USA, which were typical of the Cold War. The author analyzes the causes of this situation, and based on its analysis concludes that the geopolitical interests of Russia today and how they should currently focus its foreign policy.


President of Czech Republic and State Honors


Zdeněk Koudelka

Page 31

The text deals with the right of the President to award state honors. It discusses the interaction with the Prime Minister in the form of countersignature and also mutual disputes. It mentions the practice of special acts on the merits of certain persons which finds unconstitutional and infringing the exclusive constitutional right of the President to award state honors.


Typology of private law principles


Filip Rigel

Page 37

The work deals with certain aspects of Dworkin´s, Alexy´s, Hart´s, Fuller´s and Kelsen´s theories that are concerned with the importace of principles. The main functions of principles are their role in legislation and adjudication. Author tried to reject the notion of law composed only of legal norms. The legal system is not – in my opinion – composed only of legal norms but also other standards – principles, values, aims, customs, policies et cetera. Legal system is open towards the processes of completing the law by the courts and legal principles can (and must) be operated as argument in the processes of completing law especially in so-called hard cases. Legal principle can also help judge to overbridge so-called gaps in the statutes and in law and to find the best possible solution in a concrete case.


Trades in the Czech and Slovak Republic


Alexandra Marcinová, Radek Jurčík

Page 43

This article deals with trade business in Slovakia and the Czech Republic, the general conditions, types, obstacles, advantages and disadvantages arising from the economic, administrative, fiscal and other demands. Given that for most businesses tax optimization is an important aspect and the practical part I used a variable representing the total taxes in Slovakia and Czech Republic, which is recorded by the World Bank (World Bank Group) is often closed the chapter on comparation tax system based on joint the tax system from the time of Czechoslovakia and the tax burden (tax burden) in both countries as measured by international databases – Eurostat and OECD.


Public Law - Why foreigner shall not be a member of a Czech political party?


Petr Kolman

Page 57

The text of the article is somewhere between constitutional and administrative law and deals with the right of foreigners to be members of political parties. Critically evaluate positively the existing legislation, which at the law excludes foreigners membership in political parties. By this membership it deems possible and appropriate for foreigners with permanent residence in the Czech Republic, especially for citizens of other European Union countries, who may even in our vote in local and European elections.


Journal of Law and Security 1-2015

Criminal liability of legal persons: Czech−Austrian comparison of selected issues


Alena Kristková

Page 7

This contribution deals with the issue of criminal liability of legal entities and is focused on a Czech−Austrian comparison of selected institutes. The Austrian regulation is a little bit older than the Czech one and its concept of criminal liability seems to be a little bit narrower than the Czech one. Because of this the Czech regulation could be of broader use in some aspects. But at the same time both regulations are quite young and unfortunately in both criminal systems the institute of criminal liability of legal entities is used scarcely.


The constitutional development in Central Europe and socio−political transformation after year 1989


Ivan Halász

Page 25

The article analyzes the evolution of the constitutional order in Central Europe from the period before 1918 to the present for a period after 1989. According to the article ran compromise between outgoing old and incoming new elites and in the process mingle request "return to developed Europe," in an effort to achieve respect own national identity. Last constitution in this area was a Hungarian Basic Law of 2011, which was due to disappointment at the failure of so-called post-communist period transition looking for inspiration and paradoxically even further in the past than the constitutional text of 1989.




Rudolf Horák

Page 49

The article discusses about radioactivity and its effects on the human organism. Natural exposure of persons is caused by two different sources, i.e. natural radio nuclides and cosmic rays incident on the earth from space. Further exposure of the population is due to artificial radioactivity. The article mentions the possibility of protecting the population and demands on their behavior. The article is also aimed at protecting the environment and people in the surroundings of nuclear power plants. It is a demand to provide information on sources of ionizing radiation. In conclusion, there are limit dose of radiation in mSv and examples hitting by radioactivity.

Claims behind former State Enterprises and the State Guarantee


Zdeněk Koudelka

Page 71

The text deals with state guarantee for the liabilities incurred by legitimate guarantee during privatisation of former state enterprises. The text closes that in case of claims ceded on state, where state became a creditor, this guarantee died by fusion of creditor and guarantee in person of state. This died guarantee can´t be updated even if state as a creditor cedes subsequently such claims on another person.




Michal Rigel

Page 79

Purpose of the paper is to draw attention to the culturally diverse views on issues concerning Just War Theory. There is particular focus on legal concept of jus in bello, i.e.  restrictions and limits of acceptable wartime conduct, as it could be find in the origin of Confucianism. The main objective is to outline the distinctive Confucian concept of the meaning of the Just War and confront it with selected provisions of one of the primary sources of international humanitarian law – the Geneva Conventions. The essence of the document is to humanize the war and to mitigate its consequences. On the basis of findings presented in the text, it might be claimed that there is a background for certain degree of restraints towards method of warfare in the origin of Confucian thought.


The Spoon from King's Philip II of Macedon Wine-set and the Burial of the Golden Man of Issyk: Scythian-Greek interaction


Sergej Vasilevič, Naděžda Ilinična Miljutenková

Page 101

The authors give their own version of the Scythian-Greek interaction on the basis of the data got from the excavations of the Scythian burial mounds Chertomlyk, Issyk, Hohlach and tomb of King Philip II of Macedon and prove that Scythian-Greek interaction was much deeper and more intensive, and the geography of these relations widespread to thousands of kilometers to the depth of Central Asia.


Journal of Law and Security 2-2014

Ústavněprávní diskontinuita při přechodu od Druhé republiky k Lidovému Polsku


Bolesław Banaszkiewicz

Page 7

Unlike Czechoslovakia, the Polish Communists did not act within the existing state system based on a constitutional continuity at the end of World War II. They took over power by a radical denial of legitimacy of the London Polish government-in-exile (state president and cabinet) and their subordinate structures in the country. With this in mind, the Communists declared the 1935 Constitution, from which the government-in-exile had been deriving their authority, for null and void ex tunc. The new state system, called the People’s Poland, was istalled by violence directly upon the arrival of the Red Army and the NKVD as an alternative to the independ Polish state existing since 1918, called the Second Republic. The Western great powers were unable to enforce observance of minimum guarantees to instituting a freely elected government in Poland given by the Big Three as a result of the Yalta Conference 1945. For these reasons, the dramatic transition from the Second Republic to the People’s Poland was marked by breach of constitutional continuity, although the Communists selectively drew upon pre-war constitutional traditions in order to give their seizure of power the appearance of legality.


Decline of the West

(in the wake of the book of Spengler)


Vladimir Sergejevič Belych

Page 23

The article discusses the current philosophical ideals and political priorities in modern Russian society.                                                                                   


Public Administration of Health Care – a note about legal aspects concerning the merger of two of City Hospitals


Petr Kolman

Page 45

The present article deals with the question of merging two governmental organizations in Brno:  Charity Hospital and Trauma Hospital in Brno. The main research question is addressed by merging hospitals cited in relation to the law 485/2008. It is a very interesting topic, its significance beyond the boundaries of the city of Brno. A certain strangeness to the topic stems from the existence of a special law 485/2008. The author of this article is to adopt such ad hoc laws, as well as major public doctrine becomes very demurely. What would inherently be solved by individual administrative acts should not deal with normative administrative acts, be it applying entity (here the Czech legislature) passed with good intentions.




Filip Rigel

Page 51

Ghana is a presidential republic, where the president is both head of state and head of the Cabinet. The Constitution establishes the system of so-called checks and balances which means that the state power is shared between a President, a unicameral Parliament and an independent judiciary. The paper deals with the constitutional framework of executive power and armed forces in Ghana.




Zdeněk Koudelka

Page 63

The text deals with institute of amnesty with a respect to the amnesty of 1 January 2013. Amnesty is analysed in terms of constitutional and criminal law.                  


Journal of Law and Security 1-2014

Prevention of major industrial accidents in new perspective of the SEVESO III directive


Ján Kandráč, Katarína Hollá

Page 5

This article deals with the issue of major industrial accidents prevention and risk assessment performed in this process. Mentioned problems are related to European Seveso II Directive and changes which are going hand in hand with new implemented Seveso III Directive. To certain problems detected in this area project team form University of Žilina addressed some proposals with in project APVV 0043–10 Complex Model for Risk Assessment in industrial processes.


Public Contracts in the fields of security and defense


Radek Jurčík

Page 14

This article deals with collaborative defence procurement, including critically analyses subjects (agencies) performing defence procurement. In relation to defence procurement author analyses the political, economic and legal context of collaborative defence procurement in the EU and the applicability of EU law (procurement rules) and Czech procurement rule, focussing on opportunities for firms (enterprises). Further, author analyses international organisations and agencies in the field of defence procurement, like OCCAR, NAMSO and EDA. It means the Joint Organisation for Armaments Cooperation, the NATO Maintenance and Supply Organisation (NAMSO) and the European Defence Agency. There is topical theme relating some army controversial tenders in the Czech Republic. Recommendations towards to improve the applicable law are including also.


Supreme commander of Armed Forces


Zdeněk Koudelka

Page 30

The article deals with the president as the supreme commander of the armed forces and his right to appoint generals and Chief of Staff of the Army of the Czech Republic.


Selected Aspects of Protection against Inactivity in the Administrative Process


Petr Kolman

Page 39

The text is in the area of administrative law process. The present article deals with the topic of inactivity in the administrative process. The author addresses a number of current issues in this area. And also refers to the case law in this area. The text addresses issues related to the speed and efficiency of administrative proceedings in the Czech Republic.


Restrictions of independent candidacy in local elections


Filip Rigel

Page 48

Candidacy of the independents should be a very natural phenomenon in local elections. However, law of the Czech Republic builds a lot of obstacles to such candidacy. Electoral system prefers political parties and voters can not grant preferential votes. These and more limits are described in this paper.


Russia, the US and Europe in the global confrontation


Vladimir Sergejevič Belych

Page 55

According to the author the United States ignored the long-term interests and the role of Russia, which to this situation many years responded concessions possibly admiration. Gradually, however, that this openness to foreign interests of Russia brought only problems and difficulties. It was therefore forced to change its geopolitics, which the author documented examples of South Ossetia, Syria and Ukraine. Author within article analysis in detail the new priorities of the Russian Federation in solving global problems based on the concept of foreign policy formulated February 12, 2013 the President of Russia.