M.R. ZAGIDULLIN, 

Candidate of Legal Sciences, 

Associate Professor of the Department of Environmental, 

Labor Law and Civil Procedure of the Kazan (Volga Region) Federal University

This commentary provides an analysis of chapter 45.1, devoted to cases involving foreign States. The Chapter first introduced in the Civil Procedure Code of the Russian Federation by Federal statute of 29.12.2015 No. 393-FZ. Prior to this, only Article 401 of the commented Code related to the participation of a foreign state. The state is a special member of the civil material and procedural relations because of state immunity. General rules of ordinary proceedings apply to civil cases involving a foreign state with the peculiarities established by chapters 43, 44, 45.1 of the Civil Procedure Code of the Russian Federation. Thus, cases with the participation of a foreign state are not resolved in the order, special and simplified proceedings. One of the features established for civil cases involving foreign States, is more of a long term dispute resolution 9 months compared to the established by Article 154 of this Code the general period for consideration of a civil case in court. The difference in the timing corresponds with the special period of notification of a foreign state before the first court hearing established by section 6 of Article 417.6 of the commented Code that is not less than six months. Therefore, civil cases involving a foreign state are subject to jurisdiction by the supreme courts of the republics, regional courts, courts of the cities of the federal importance, courts of autonomous regions or courts of autonomous counties. The only exception is cases that are subject to military courts and other specialized courts and cases, as well as cases that are subject to the Supreme Court of the Russian Federation. Thus, civil cases involving a foreign state are not considered by the district court and the justice of the peace. Claims against a foreign state are brought to court at the place of residence or location of the plaintiff. It is noted that an additional requirement of duly certified translation of the statement of claim and attached documents into the official language of the foreign state involved in the case is not entirely consistent with the principle of language of civil proceedings established by Article 9 of the commented Code, which does not provide the possibility of such deviations, in conjunction with the principle of equality of all before the law and the courts, established by Article 6 of the commented Code, and rule the procedural equality between a foreign state and the Russian citizens and organizations. As a result, the Russian participant in civil proceedings is entrusted with an additional burden of processing the translation. Similarly, legislator considered in section 7 of Article 417.6 of the commented Code. 

Keywords: civil procedure; foreign state; immunities.