Bohdan Karnaukh
Fellow 2024/2025
Law
Department of Civil Law, Yaroslav Mudryi National Law University, Kharkiv
Open Society University Network/CEU Institute of Advanced Study, Budapest-Ukraine
karnaukh.bogdan@gmail.com
Bio
Bohdan Karnaukh obtained a Master’s Degree in Law from Yaroslav Mudryi National Law University (Kharkiv, Ukraine) in 2010 and later pursued a PhD at the same institution, defending his thesis in January 2014. He has been a professor of civil law at the University since October 2013, specializing in contract law and tort law, with a comparative perspective.
In October 2023, Bohdan Karnaukh began a doctoral program on ‘Causation in Tort Law.’ He is the co-director of the Joint Master’s Degree Program in ‘European and International Business Law,’ a collaboration between Yaroslav Mudryi National Law University, Mykolas Romeris University (Vilnius, Lithuania), and University Savoie Mont Blanc (Shamberi, France). He teaches International Contract Law in English as part of this program. Additionally, Karnaukh serves as a visiting lecturer for Erasmus+ students at Leibniz Universität Hannover (Germany), teaching courses online.
From 2019 to 2021, Bohdan Karnaukh was a trainer in the Rule of Law Certificate Program, co-administered by Yaroslav Mudryi National Law University and the University of South Carolina with USAID New Justice Program support, providing training for legal professionals.
He also participates as an expert in European-funded projects, including ‘Open Science for Ukrainian Higher Education System,’ ‘European Fundamental Values in Digital Era,’ and ‘EU Rule of Law Mechanism for Private Sector.’
Tort Lawsuit as an Avenue to Get Compensation for Damage Caused by the Russo- Ukrainian War
The Russia-Ukraine war has caused significant harm to Ukraine, with infrastructure damage estimated at $411 billion after the first year. By the end of 2023, civilian casualties reached 29,330, including 10,191 killed and 19,139 wounded. Tort law could potentially offer a means for victims to seek compensation for losses, but the key research questions concern the applicability of tort law in wartime, the obstacles to compensation, and the effectiveness of lawsuits against Russian aggression.
The hypothesis suggests that while tort law can provide tools for obtaining compensation, plaintiffs may face challenges. One major obstacle is jurisdictional immunity, preventing a state (Russia) from being sued in another state’s courts (Ukraine). Another challenge lies in the connection between criminal and civil proceedings—whether a civil action can proceed without a prior criminal verdict. Additionally, many victims may seek compensation not just from the Russian state, but also from private companies and entities that supported the war.
The project will produce two research papers: one analyzing Ukrainian jurisprudence to identify potential bottlenecks in national tort law that could hinder compensation, and another exploring international cases where businesses were held liable for aiding war crimes. The aim is to adapt foreign experiences to improve access to remedies for Ukrainian victims of human rights violations.