R&I – FS
Russia does not have judicial immunity in cases of harm to Ukrainian citizens on the territory of the Ukrainian state. Therefore, Ukrainians can sue Russia in Ukrainian courts for damages without any additional conditions, according to the ruling of the Civil Court of Cassation of the Supreme Court of April 14, 2022 in case № 308/9708/19.
In this case, the plaintiff filed a lawsuit against the Russian Federation for compensation for non-pecuniary damage caused to her and her children in connection with the death of her husband and the father of her children as a result of armed aggression by the Russian Federation in Ukraine.
The court of first instance denied the claim.
The Court of Appeal decided to send a request to the Russian Embassy for consent or disagreement with the Ukrainian court’s consideration of the said civil case.
At the same time, as a result of the cassation review of the case in the Civil Court of Cassation, the Supreme Court came to the following conclusions.
The Law of Ukraine “On Private International Law” does establish judicial immunity for foreign states. That is, there must be the consent of the competent authorities of the respective state to involve it in the case in the national court, in this case – Ukraine
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