Выпуск №4

On the Issue of the Participation of Diplomatic Missions of States in Russian Civil Proceedings

Авторы:

Sergey V. Lemekhov

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Информация о статье:

Тип статьи: Юриспруденция

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Для цитирования:

Sergey V. Lemekhov ‘On the issue of the participation of diplomatic missions of states in Russian civil proceedings’, Ural Journal of Legal Research, 2021, No. 4. pp. 53-57. DOI 10.34076/2658_512X_2021_4_53

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Аннотация:

This article is devoted to the peculiarities of the regulation and enforcement of judicial immunity of diplomatic missions in Russian civil proceedings. The article considers the legislative support for the participation of diplomatic missions of foreign states in the Russian civil process. The necessity of distinguishing the diplomatic immunity of diplomatic workers and the immunity of diplomatic (consular) immunity is noted. The author analyzes the provisions of international and domestic law formulated in various sources of law: The Vienna Convention on Diplomatic Relations of April 18, 1961, the Constitution of the Russian Federation, the Civil Procedure Code of the Russian Federation, Federal Law No. 297-FZ of November 3, 2015 «On jurisdictional immunities of a Foreign state and property of a foreign state in the Russian Federation». The author presents various approaches to the consideration of issues affecting this problem. The author draws attention to the provisions of law enforcement and judicial practice. In particular, it has been revealed that judicial practice to date has not formulated a single concept regarding the norms of civil procedural legislation applied to diplomatic missions. Based on the studied sources, the author identifies the existing problems and suggests possible ways to solve them. The author believes that the solution of the problem can be solved by adopting an appropriate review of judicial practice in this category of cases, and in the future, explanations of the Plenum of the Supreme Court of the Russian Federation «On the participation of foreign persons in civil proceedings». The above trend of modernization will inevitably have a positive impact on the regulation of legal relations related to the implementation of the immunity of diplomatic missions in the Russian civil process. From the author’s point of view, the future clarifications formulated in the Resolution of the Plenum of the Supreme Court of the Russian Federation may have a positive impact on solving the above problems related to the participation of diplomatic missions in the Russian civil process.

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Список цитируемой литературы:

1. A. V. Makarova, Immunities in civil procedural law of Russia, Scientific achievements and discoveries, 2017, at 108-110.

2. A. A. Isaenkov, The concept of immunities in civil procedural law (2014) Bulletin of Civil Procedure 2, at 273-281.

3. O. V. Kotelnikova, A. A. Antipina, A. H. Ishmukhametov, Institute of diplomatic immunity: theoretical and legal aspect (2018) Colloquiumjournal 11-10, at 7.

4. F. A. Zaitsev, On the issue of territorial jurisdiction of claims for pension provision of former servicemen and their families residing in the territory of the Baltic States, as well as the proper defendant in the dispute // Military Law. 2013. No. 1. pp. 61-68.

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Ключевые слова:

civil proceedings, immunities in civil proceedings, diplomatic immunity

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