K povaze diskvalifikačních deliktů podle zákona o obchodních korporacích a k důsledkům z toho plynoucím
On the Nature of Disqualification Wrongs under the Commercial Corporations Act and the Consequences Arising Therefrom

Summary/Abstract: Even though the institute of disqualification of a member of the statutory body of a commercial corporation has been part of the applicable law since 2014, the question of the nature of disqualifying liability has so far been largely neglected. The article firstly considers whether the liability for disqualification wrongs falls within private or public law. With regard to the interest protected, the function of liability, the subjects and content of the liability relationship and the nature of the sanction imposed, it is concluded that it is a public law institution. The article then goes on to consider whether the institution in question can be considered a “criminal matter” within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms. A detailed analysis of the case law of the European Court of Human Rights suggests a positive answer. On the basis of these conclusions, the article discusses some of the consequences that follow therefrom, both in terms of substantive law (the temporal applicability of the statutory regulation, the non/admissibility of analogy) and procedural law (the elements of the acts initiating disqualification proceedings, the presumption of innocence, the prohibition of self-incrimination, the prohibition of double jeopardy).

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