Debatable provisions of chapter 45.1 of the Code of Civil Procedure of the Russian Federation

The article analyzes historical background of the principle of jurisdictional immunity of foreign states on the European and international level. Before the collapse of the Soviet Union, the country had the concept of absolute immunity. Considering development stages of the concept of jurisdictional immunity in Russia, the author also analyses the formation of the concept of relative (functional) immunity, which was the reason to adopt and enact chapter 45.1 of the Code of Civil Procedure of the Russian Federation (CCP RF). It is shown that this chapter contains a number of contradictions with the general part of CCP RF (redundancy of terms granted to a foreign state while examining and resolving cases with its participation). The author proposes to introduce into CCP RF the obligation of the Ministry of Foreign Affairs to give an opinion on this category of cases, because the judge alone can not determine the level of jurisdictional immunities of Russia in the foreign country and apply the principle of reciprocity. These changes will eliminate the duplication of certain provisions of chapter 45.1 of CCP RF with general part of CCP RF and expedite consideration and resolution of cases of this category.