Girenko O. Modern trends in regulation of jurisdictional immunities in private international law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U005021

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

20-10-2009

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis deals with the analysis of modern approaches to granting to a foreign state the jurisdictional immunities in the sphere of private legal relations in a legislation and in practice of foreign states, international documents, especially in the UN Convention on jurisdictional immunities of states and their property of 2004, the theory of international private law, and also to the determination of the prospects of development of the legislation of Ukraine in this sphere. The special attention is focused on the issue of the determination of persons, who are entitled to refer for such immunities, the approaches to distinguishing of "acta jure imperii" and "acta jure gestionis", determine the circumstances, under which the state gets immunity from enforcement measures. The role of further development of the theory of the restrictive immunity and the harmonization in the practice of the states-members in UN Convention on Jurisdictional Immunities of States and Their Property, which are the first universal international instrument in the sphere of jurisdictional immunities of states, is examined. Taking into account the modern theoretical basis of granting the immunity to the state in the private legal relations and the latest practice of states, the necessity of changing the legislation of Ukraine for using the positions of the theory for restrictive immunities by adopting a special law on immunity of foreign state, is grounded.

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