Peculiarities of consideration of court cases related to the limitation of jurisdictional immunity of the state

Abstract

The article examines the issue of defining the specifics of the procedure for consideration of civil cases by a court of claims against a foreign state, which are related to the limitation of the jurisdictional immunity of the state. The authors analyzed the content of the European Convention on State Immunities of 1972 and the UN Convention on Jurisdictional Immunities of States and Their Property of 2004, the provisions recognized by international and national courts as reflecting norms of customary international law. Attention is drawn to the fact that, in addition to defining the form in which the state may waive immunity, the list of categories of cases in which the state does not enjoy immunity in the court of another participating state, the specified international acts also establish the procedural rules for the trial of relevant cases, in particular requirements for mandatory informing of a foreign state about a lawsuit filed against it and the results of its consideration. It is noted that by the norms of customary international law, in the case of non-application of the jurisdictional immunity of the defendant foreign state, one of the mandatory components of the procedure for consideration of the claim against the defendant foreign state by the court is the proper notification of the defendant foreign state about the allegations presented to it and about the results of their consideration by the court. Failure to comply with the above procedural requirements may create obstacles to the further implementation of court decisions in relevant cases regarding the possibility of applying these court decisions for enforcement on the territory of other states. It is noted that in cases of compensation for damage caused to the life, health, and property of natural persons because of the armed aggression of the Russian Federation, the position of the Civil Court of Cassation as part of the Supreme Court on the lack of need to notify the defendant country of legal proceedings on the relevant claims is controversial. Attention is drawn to the fact that the relevant practice of national courts is carried out in violation of the rules of formal, substantive, and procedural justice institutionalized by the international community, limits the legitimate interests of persons who have suffered damage from military aggression, transferring their rights to the status of legitimate expectations, as it can have negative consequences for the implementation of judicial decisions, taking into account the analyzed provisions of international law. A conclusion was drawn on the need to settle the issue of notification of the respondent state in cases of compensation for damage caused to the life, health, and property of individuals because of the armed aggression of the Russian Federation.