The Federal Law regulates relations pertaining to the application by the Russian Federation of the jurisdictional immunities of a foreign state and its property.
The Federal Law is based on the concept of limited jurisdictional immunity of foreign states, their state agencies and organisations, which is in line with the tendency that has taken shape in the legislation of a number of countries and is being implemented, including in regard to the Russian Federation and its organisations. This concept is the basis of the Convention on Jurisdictional Immunities of States and Their Property adopted by the United Nations Organisation on December 2, 2004, and signed by the Russian Federation on December 1, 2006.
The Federal Law establishes the priority of the international agreement and defines the terms used in it, such as “jurisdictional immunity” and “judicial immunity”.
In line with the norms of international law and with due account of legislation and judicial practice, the Federal Law sets the limits of jurisdictional immunity of foreign states and their property and establishes privileges and immunities not covered by the Federal Law. The law envisages the possibility for a foreign state to wave its jurisdictional immunity and to agree to Russian Federation jurisdiction.
To ensure a balance between the jurisdictional immunity offered to a foreign state under the legislation of the Russian Federation and that made available to the Russian Federation by the given state, the Federal Law establishes the principle of reciprocity in applying jurisdictional immunities. The law envisages the possibility for a Russian Federation court to limit the jurisdictional immunity of a foreign state if it finds that the state in question offers the Russian Federation limited jurisdictional immunity.