Selected aspects of environmental law in legal theory and experience

The thesis, titled The Selected Aspects of Environmental Law in the legal theory and practise was written on a base of interdepartmental cooperation between FŽP (Faculty of Environment) and PEF (Faculty of Operation and Economy) at ČZU (Czech University of Agriculture). The main idea of the thesis is to make a study of criminal law development from a standpoint of the society interests since the force of legislation Nr. 140/1961 Sb. (Code), criminal law, until the present time, when the law mentioned above was replaced by the law Nr. 40/2009 Sb. (Code), Penal Code. The study takes quite a long term period, from 1961 to 2015. In the theoretical part I primarilly tried to characterise the rank of interest within the branch of criminal law, with the focus on the substantive criminal law. At the same time I tried to determinate its relationship to the international law and the Czech legal system built on two basic constitutional laws Constitution of the Czech Republic (i.e. Constitutional law Nr. 1/1993 Sb. (Code), as amended). Then, in the practical part I wanted to characterise criminal offences development in the context of the substantive criminal laws mentioned above, with respect to the state system at the certain time, and in the context of society interests at that time, especially focused on the sphere of environment protection and criminal law usage together with the law characterised by ultima ratio principle, i.e. as the last possible means. I also made an analysis and comparism of statitistics data concerning registered criminal offences made by the Police of the Czech republic that was provided to me by The Police Presidium of the Czech Republic, Department of Analyses. The final part presents detected results that point out latent behaviour to environmant in the Czech Republic and the problems connected with quantifying losses. In this respect the law enforcement agencies try to solve the problem by taking in an expert in agreement with the legalities of § 105, Paragraph 1 of the Law 141/1961 Sb. (Code), Penal Code, when the expert makes an expertise according to the law enforcement agencies requests in which he objectively deals with the damage setting. Its determination is important for example for the right legal qualification of the criminal offence against environment. At the end of the thesis I also try to outline possible measures contributing to improving of current state of prosecution connected with criminal offences against environment with greater emphasis on respective efficiency