The draft law specifies the procedural rights and obligations of a foreign state and its representatives in response to the arrests of the Russian property abroad.
MOSCOW, 22 Dec. The state Duma on Tuesday adopted in the second and third readings the governmental law, clarifying the procedure of application of the previously adopted law on the response to the unlawful arrests of the Russian property abroad.
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 document, the amendments made to the Civil procedure code and Arbitration procedure code. Provisions of civil procedure code and the AIC 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.
In Chapter supplementing the code of civil procedure, the law provides for 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 document features preliminary judicial session on consideration 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. These changes provided for by the law 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.