Foreign states as participants in a civil process

2024

Closed access Metadata (CSL-JSON)
DOI 10.31489/2024l4/104-112
Data confidence 70 medium
How this score is calculated

It is built from checkable properties of the record itself: whether the article has a DOI, how many independent sources confirmed its data, whether the required fields are filled in, and how recent the latest confirmation is. Disagreement between sources and a missing identifier lower it. A value of 80 or above means the record was published without further checking; 60 to 79 means it is published at reduced confidence, with a manual check advisable. A record verified by an editor by hand is never pushed below 90 by a recalculation. This scores our data about the article, not the article itself.

Abstract

As the investment climate in our country improves, the influx of foreign investments into the national econo-my also increases. In this regard, it is necessary to constantly improve civil procedural legislation involving foreign states. Issues related to improving civil proceedings with the participation of foreign states must be thoroughly assessed and scientifically substantiated, taking into account all possible scenarios. The purpose of the research is to analyze the peculiarities of foreign states as participants in civil proceedings according to civil procedural legislation and to provide legislative proposals for its improvement. The research compares the current norms regulating civil processes involving foreign states with the legislations of Russia, Uzbeki-stan, and Kyrgyzstan, while also reviewing the works of foreign and domestic scholars on this topic. Civil procedural norms regarding cases involving foreign states were analyzed, and appropriate legislative recom-mendations were formulated. The relevance of the topic is determined by the recent increase in economic in-tegration with foreign states and the growth of civil relations involving foreign entities in the Republic of Ka-zakhstan under the conditions of a market economy. As a result of the study, the foundations for foreign states to exercise jurisdictional immunity under the civil procedural legislation of the Republic of Kazakhstan were identified, and it was confirmed that all conditions for limiting judicial immunity are clearly defined. Nevertheless, the role of foreign states as full participants in civil proceedings still requires clarification