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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Data Shonia
Concepts of Absolute and Functional State Immunity in Legislation and Court Practice of the Russian Federation
Private International Law
(Master’s programme)
2017
This master dissertation is aimed at giving a complex legal analysis of state immunity, reflected in international and domestic legislative acts, as well its application in the Russian Federation court practice.

Based on this research, the following conclusions were made: firstly, the two concepts of state immunity - absolute and functional - have been elaborated by international court practice and established in international treaties and domestic legislations then; secondly, by enacting the Federal law on immunity, Russia legally enshrined the constituent elements of the definition “state” and is gradually transferring to the perception and application of functional state immunity concept; thirdly, while participating in private international legal relationships, the permanent interaction of state status as a subject of legal relationship and its immunities is observed; fourthly, after enactment of the Federal Law on immunity, many of unified regulations came into conflict to its provisions and need to be observed; fifthly, in order to overcome the influence of state immunity in international legal relationships involving foreign states, arbitration agreements containing clauses on excluding application of state immunity need to be concluded; sixthly, with regard to escheat property, a legislative framework for the priority of principle of inheritance against the principle of occupation should be provided.

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