The bill specifies the procedural rights and obligations of a foreign state and its representatives to the arrests of the Russian property abroad.
MOSCOW, 30 Nov. The government of the Russian Federation submitted to the state Duma amendments that clarify the application of the law regarding the response to illegal arrests of the Russian property abroad, should from the database of the lower house of Parliament.
The Russian President earlier signed the law on the response to illegal arrests of the Russian property abroad that allows you to limit the immunity of a foreign state in Russia based on the principle of reciprocity.
According to the text of the explanatory note, the amendments proposed to the Civil procedure code and Arbitration procedure code.
“So, the provisions of the CPC and APC are reduced to uniformity by the establishment of the principle of single functional (limited) immunity of a foreign state. These codes are supplemented with new chapters, establishing the peculiarities of consideration of cases with participation of foreign States that resolved a number of necessary procedural actions”, — stated in the document.
In Chapter supplementing the code of civil procedure, the bill provides the right of action against a foreign state, direction and delivery to a foreign state notices and other procedural documents. In addition, it is established jurisdiction of hearing cases involving a foreign state, defined procedural rights and obligations of a foreign state and its representatives.
The project also features a preliminary hearing for the review of such cases, particularly the issuance of a default judgment, and the participation of state bodies of the Russian Federation in cases with a foreign state. Such changes provided by the bill in the new Chapter, complementing the AIC.
Russian legislation has so far been based on the concept of absolute immunity, according to which the presentation of Russian courts in suits against a foreign state, the seizure of its assets or compulsory execution issued against him the court decision allowed only with the consent of that state. However, in foreign countries there is a widespread conception of a limited or functional immunity.