State as a Subject of Private International Law

Currently, there is no generally accepted international act that unifies the legal regulation of state immunity in international private law relations. In practice, this leads to differences in law enforcement, which slows down the development of international civil turnover. The very concept of the state as a subject of private international law has been subjected to considerable research, competing approaches have emerged, but contradictions and ambiguities in this area remain. Different approaches arise on such issues as the correlation of different doctrines of state immunity, the legal nature of the state as a subject of international private law relations, the means of protection and guarantees of persons entering into private law relations with the state, etc. Thus, to date, the legal status of the State as a subject of private international law, considered from the standpoint of State immunity, is very ambiguous. The scientific literature has not developed a unified approach to the issue under consideration, and some aspects of this topic remain completely unexplored. With the adoption of Federal Law No. 297-FZ of 03.11.2015 «On jurisdictional immunities of a foreign state and property of a foreign state in the Russian Federation», the relevance of this issue has only increased. This research focuses on the relations that are formed with the participation of the state in international private civil turnover, the legal framework and regulation of international private law relations with the participation of the state at the international, regional and national levels. At the national level, in particular, the legal regulation of the state as a subject of private international law in the Russian Federation is considered. The subject of this study is a state entering into private law relations complicated by a foreign element. The purpose of this study is to analyze the legal regulation of the state as a subject of private international law at various levels and to identify the whole complex of problems that arise when the state enters into private law relations. The main hypothesis of the study is that at present there is a need to form a unified world practice in the field of regulation of international private law relations with the participation of the state. To achieve this, it is necessary to adopt a single harmonizing international act regulating the application of State immunity and the participation of the State in international civil traffic. In addition, the hypothesis of this work is that the Russian Federation should ratify the UN Convention on State Immunity.