| Abstract [eng] |
The doctoral dissertation deals with the interface between international law and domestic law of States establishing and enforcing the right of the victims of the Nazi and Communist regimes to State financial compensation. In Part 1 of the dissertation, the crimes of the Nazi and Communist regimes are characterized and the elements essential to the right to compensation, the forms and types of compensation, the modes of paying compensation in the context of the interface between international and domestic law are analyzed. In Part 2, the interface between international law (the practice of the European Court of Human Rights (hereinafter – the ECtHR) and the United Nations Human Rights Committee (hereinafter – the HR Committee) as well as soft law) and domestic law is disclosed while analyzing the main problems related to the admissibility of the claims of the Nazi and Communist victims in both international and domestic institutions. Part 3 deals with identifying basic problems related to the enforcement of obligations undertaken by States to pay compensation to the victims of the Nazi and Communist regimes while analyzing the role of international law (the practice of the ECtHR and the HR Committee as well as soft law) in solving these problems. Furthermore, some measures which ensure more effective establishment and enforcement of the Nazi and Communist victims’ right to State financial compensation are suggested by virtue of the case-law of the ECtHR, the Inter-American Court of Human Rights and the HR Committee as well as soft law, good practice of States, the legal doctrine. |
