CEU Electronic Theses and Dissertations, 2008
| Author | Iegrashyn, Oleksandr |
|---|---|
| Title | State Liability for Judicial Wrongs: Comparative Analysis of the UK, France and Ukraine |
| Summary | This paper aims at analyzing legal rules governing state liability for judicial wrongs in Ukraine, France and the UK as well as standards established by international regime of ECHR and supranational regime of the EU. It shows that restrictive rules that exist in Ukraine and the UK do not comply with ECHR standards. The author argues that there are no compelling reasons for such a restrictive rules and fair balance requires certain scope of liability of state for judicial wrongs. It is suggested that judicial wrongs are not homogeneous and can be divided into two types depending on whether they derive from substantive content of judgment. It is argued that it is not reasonable to apply equally restrictive rules to both types. It is revealed that Ukrainian approach is the most restrictive and does not comply with standards of ECHR. Several suggestions are made as to how Ukrainian rules can be improved. |
| Supervisor | Granger, Marie-Pierre |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2008/iegrashyn_oleksandr.pdf |
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