Правові горизонти (Jun 2023)
INTERNATIONAL PRIVATE LAW RELATIONS OF THE STATE: SUBJECTIVE CHARACTERISTIC
Abstract
The article examines the theoretical and legal foundations of the state as a subject of international private law relations and its special status. The author studies the immunity of the state as a subject of private international law and defines the range of relations in which the state may act as a subject of international law. The basis of immunity is considered to be the sovereignty of the state. The author analyzes the main concepts of jurisdictional immunity of states: absolute immunity and functional (limited) immunity, their features and enshrined in international legal acts and national legislation. The article reviews the relationship between the state as a subject of civil legal relations and a legal entity, their similarities and differences. This paper defines the range of relations in the international civil law sphere, to which the state may be a party.
Keywords