Issue: № 2, 2024
Doi: https://doi.org/10.37634/efp.2024.2.12
The paper considers various aspects of international cooperation, in particular, the state's participation in civil-law relations that regulate international private law. The authors note that states participate in interstate public-law and civil relations that regulate private international law. The authors pay attention to the peculiarities of the legal status of the state in private legal relations, taking into account its sovereignty and ability to conduct international relations and conclude agreements. Aspects and roles of civil-law relations are considered, such as the state's involvement in property and financial relations, in particular, construction of buildings abroad, ownership of property, lease of land and participation in joint ventures. The authors note that it is important to distinguish between private-law and public-law relations in order to clarify the legal status of the state. The actions of the state in international private law relations and the performance of state duties as subjects of civil law are considered. The analysis of the issue of state immunity in international private law was carried out. The authors highlighted different points of view on the legal characteristics of immunity. Supporters of the non-imperative and imperative point of view were singled out. Despite theoretical differences, it can be determined that the legislation of all states and international conventions recognize immunity as a key principle. Also, the authors considered types of immunity, such as judicial immunity, immunity from preliminary enforcement of a claim and immunity from enforcement of court decisions. Each of these types of immunity was considered from the point of view of legal principles and practical aspects of their application. The paper emphasizes the importance of the state and its responsibility for actions within the framework of international legal relations on a par with other subjects of international private law.
Keywords : state, legal status of the state, international public relations, subject of international private law, immunity of the state
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