Open AccessNEW LAW “ON JURISDICTIONAL IMMUNITIES OF FOREIGN STATES AND THEIR PROPERTY”
Author(s) -
Ирина Хлестова,
Irina KHlyestova
Publication year - 2016
Publication title -
žurnal zarubežnogo zakonodatelʹstva i sravnitelʹnogo pravovedeniâ
Language(s) - English
Resource type - Journals
eISSN - 2587-9995
pISSN - 1991-3222
DOI - 10.12737/19213
Subject(s) - law , sovereign immunity , state immunity , political science , state (computer science) , jurisdiction , municipal law , property law , reciprocity (cultural anthropology) , international law , law and economics , business , property rights , economics , sociology , constitution , algorithm , computer science , anthropology
The article is devoted to the analyses of the new Law on jurisdictional immunities of states and their property of 2015. The Law accepts the fundamental notions of the UN Convention on jurisdictional immunities of states and their properties of 2004. The Law envisages that a foreign state enjoys jurisdictional immunities for itself and in respect of its property subject to the provisions of this Law. The Law establishes exceptions from the judicial immunity of a foreign state. A foreign state does not enjoy judicial immunity in respect of disputes related to civil transactions if these transactions are not related to the exercise of sovereign powers of authority by this state. With certain exceptions a foreign state does not enjoy judicial immunity in respect of disputes concerning commercial and other economic activity within the territory of the Russian Federation, labor disputes, disputes related to immovable property located in the Russian territory, disputes related to personal injuries and damage to property, disputes related to intellectual property, disputes related to running of state owned vessels. The Law provides a foreign state’s property with the immunity from injunctive measures. The Law defines categories of a foreign state’s property which enjoy immunity from enforcement process. The Law provides for the reciprocity. The Law is based on the concept of restrictive immunities of a foreign state.