Kulitska S. Obligations of Compensation for Harm Caused by the Court

The thesis is an independent completed scientific research of obligations of compensation for harm caused by the court. The issues related to the determination of the genesis, legal nature of relationships of compensation for harm caused by the court, as well as the features, conditions of arising and dynamic of obligations of compensation for such harm are highlighted. Special attention is paid to the comparative analysis of legal regulation of relations of compensation for harm caused by wrongful (illegal) decisions, actions and/or omissions of the judicial authorities. Conducting of such analysis allowed us to obtain a number of research results of important theoretical and practical significance. In particular, as the result of the research, a current necessity of introducing in Ukraine the compensatory mechanism, which will involve a combination of individualization of the tortious liability of a judge with a subsidiary role of the State, with the possibility of a judge to receive remuneration in the event of faultless performance of his/her duties, has been substantiated for the first time. The model of such a mechanism, which is proposed by the author of the thesis, is practically feasible in Ukraine and will make it possible for the victims to fully realize their right to get a real and fair compensation for the harm caused, guarantee the independence of judges in the administration of justice and their personal interest in the legality and validity of the judgements and decisions they hold/render. Besides, the prospects of introducing in Ukraine the compulsory state judicial malpractice insurance have been proven by the author.