CEU Electronic Theses and Dissertations, 2008
| Author | Ivanov, Konstantin Anatolyevich |
|---|---|
| Title | PROTECTION OF SPEECH CRITICIZING THE GOVERNMENT: A COMPARATIVE ANALYSIS OF LEGISLATION AND JURISPRUDENCE OF THE RUSSIAN FEDERATION, THE USA AND THE ECtHR |
| Summary | During the Soviet period it was almost impossible to criticize the government. New era of the Russian defamation law began approximately ten years after the collapse of the Soviet Union with adoption of ‘guiding explanation’ by the Supreme Court in 2005. The present research shows that Russian defamation law has undergone a significant development during the last three years. Decree 2005 introduced a very important novella into the interpretation of the Civil Code – distinction between facts and value judgments. This change introduced a standard which has long time been used in the United States and ECtHR. Other important developments discussed in this paper are: (1) special status of speech concerning public officials, (2) public interest standard as a justification for protection of false statements and (3) burden of proof in cases of defamation of public officials. This study proposes certain solutions for the issues not so far addressed by the legislation or judicial practice of the Russian courts. A comparative method is being widely employed in search for the best solution. Special attention is given to standing of State Agencies in defamation cases. |
| Supervisor | Sajo, Andras |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2008/ivanov_konstantin.pdf |
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