Points of law

Explanatory Note

There are several sources regulating issues of jurisdictional immunities of foreign States
in the Russian Federation: the generally-recognized norms and principles of international
law, international treaties to which the Russian Federation is a party and national
legislation.

Until recently the prevailing view on the problem of jurisdictional immunities of a State
was "absolute immunity." Without the consent of a foreign State no claim could be made
in a court against that State. Several provisions of the former legislation on this issue are
still in force. Therefore, there are practically no judicial cases on this point.

With the adoption in 1994 of a new Civil Code of the Russian Federation there has been
some evolution in the concept of jurisdictional immunity of a State and the Russian
legislation started moving towards "functional", or limited immunity, yet a special law on
the immunity of a foreign State and its property is still under work.

1. International legal instruments
According to article 15 (4) of the Constitution of the Russian Federation the generally
recognized norms and principles of international law and international treaties of the
Russian Federation form an integral part of its legal system.

Russian Federation is a party to several conventions, dealing with various aspects of
immunity of foreign States, among them the 1961 Vienna Convention on Diplomatic
Relations, the 1963 Vienna Convention on Consular Relations, the 1982 United Nations
Convention on the Law of the Sea and others.

Russian Federation is not a party to the 1972 European Convention on State Immunity.

2. Domestic legislation
Legislation of the Russian Federation has no special act regulating the issue of State
immunity. However, certain laws contain provisions dealing with particular aspects of
foreign State immunity.

Specific provision(s) of the law

Sources

Additional information (explanations, notes, etc.)