Non-Applicability of Legal Immunity of a Foreign State with Regard to Damage Compensation Disputes
Annotation
This study attempts to clarify the scope of Article 11 of Federal Law No. 297 taking into account current Russian legislation, currently established doctrine and judicial practice, as well as to analyze the practice of applying this article developed by Russian courts, identifying errors of the parties and the law enforcement officer. The author concludes that, by virtue of Article 11 of Federal Law No. 297, a foreign state does not enjoy immunity if it has caused harm to individuals within the territorial, target or contractual jurisdiction of the Russian Federation. For the application of this article, it is not the place where the harmful consequences occur that matters, but the place where the harm was caused. It is advisable to extend the provisions of Article 11 of Federal Law No. 297 only to private law offenses (torts) of foreign states.
| Type | Article |
| Information | Public International and Private International Law № 01/2026 |
| Pages | 12-15 |
| DOI | 10.18572/1812-3910-2026-1-12-15 |
