Back Russian Federation: law on foreign state immunity changes after ECHR judgment

Oleynikov v. Russia

During its meeting of 24 April, the Committee of Ministers decided to end its supervision of the execution of the European Court’s judgment in Oleynikov v. Russia. In this case, the applicant had lent the Counsellor of the North Korean Office of Trade USD 1,500, which the latter failed to repay. The applicant’s action before domestic courts failed because Russian law absolved foreign state bodies from any responsibility, even of a private law nature.

The European Court found that the domestic courts should have considered the dispute on the merits since it was of a private law nature and not of a public law nature, noting that the principle of absolute foreign state immunity is obsolete.

After the European Court’s judgment, the Russian Federation changed its legislation abrogating the absolute immunity principle and providing that a foreign state has no immunity before Russian courts with regard to claims resulting from activities of a private law nature.


Final resolution

30/04/2019
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