A reciprocal recovery

Evgeny Zhilin, Managing Partner of the Law Firm "YUST", discussed with the Kommersant newspaper the governmental draft law, according to which the property of a foreign state located in the territory of Russia may have its immunity removed if it is discovered that said state has somehow infringed upon the Russian property in its territory: "There must be reciprocity in relations, even if only to protect the rights within the country". And if a Russian company suffers losses because of claims in foreign states, it will be able to resort to Russian courts, and its “rights will be restored”. In any case, the Russian courts will have the right to “charge the assets owned by that state in the territory of the Russian Federation”. However, E.Zhilin pointed out that, as all states are moving to adopt the concept of limited immunity, less and less states will have assets abroad.

The State Duma approved the draft law in the first reading, and the Deputies suggested “thinking” if Russia should continue to adhere to the primacy of the international law to the Russian law.

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