Юрисдикционный иммунитет государства: абсолютный или ограниченный?

Abstract

The article is devoted to theoretical studies of one of the topical problems of international law the- problem of jurisdictional immunity of State. The mam attention is given to consideration of debate between the supporters of two legal theories of the immunity of State: absolute immunity theory and restricted immunity theory. Reasons for turn of the majority of jurisdictions from the positions of absolute immunity to the positions of the restricted one are analyzed. Scientific doctrines, governmental and court practices of States are considered. The arguments of Soviet scientists - the supporters of absolute immunity theory are analyzed thoroughly. On the basis of comparative analysis the pros and the cons of both theories are defined. The theories are considered in the context of practical aspects of their application in legislation and court practice of the Republic of Belarus. The author comes to the conclusion that the restricted immunity theory is more effective and that appropriate changes to Belarasian legislation based on absolute immunity approach are needed.