Senate Business Center can’t make Seychelles Consulate pay rent
18 April 2012 (09:09)
Senate Business Center was unable to make the Honorary Consulate of the Republic of Seychelles in Yekaterinburg pay the money the latter owes the center as rent. The 17th Arbitration & Appeals Court rejected the corresponding claim laid against the consulate by OOO Inkos.
Now OOO Inkos and the Honorary Consul of the Republic of Seychelles in Yekaterinburg Igor Vozhagov signed an agreement for the rent of non-residential premises located in the mezzanine floor of Senate Business Center (total area 62.4 sq m) in January 2010. Under the transfer and acceptance act, the said rooms were used by the defendant between January 18, 2010 and April 2, 2011.
So OOO Inkos placed its claim with Sverdlovsk Region Arbitration Court, asking to make the consulate pay 218,560 RUR in rent, but the court rejected the company’s claim because it ruled the defendant had diplomatic immunity from Russia’s judicial authorities. According to OOO Inkos, this ruling wasn’t right, as there was no proof in the files of the case that the rooms had actually been rented for the purpose of performing consular functions.
Meanwhile, the 17th Arbitration & Appeals Court also stated that the Vienna convention on diplomatic relations makes hosting states take all the measures necessary to prevent any offense of the person, freedom, or dignity of consuls, while the said persons and the consulate employees are not subject to the jurisdiction of the hosting state’s judicial or administrative authorities as far as the actions they take while performing their consular functions are concerned.
‘Igor Olegovitch Vozhagov was declared the Honorary Consul of the Republic of Seychelles in Yekaterinburg. When performing his consular functions, Igor Olegovitch Vozhagov is entitled to all the rights and benefits offered to the officials of foreign states’ consulates in the Russian Federation in accordance with the current legislation in this respect and with the international treaties Russia has signed; now the rented premises were used by Vozhagov to perform consular functions. This is why the Honorary Consul Igor Vozhagov enjoys the privileges and the immunity secured by the Vienna Convention of 1963 for the honorary consuls,’ the court stated and rejected Inkos’s appeals petition.
Now OOO Inkos and the Honorary Consul of the Republic of Seychelles in Yekaterinburg Igor Vozhagov signed an agreement for the rent of non-residential premises located in the mezzanine floor of Senate Business Center (total area 62.4 sq m) in January 2010. Under the transfer and acceptance act, the said rooms were used by the defendant between January 18, 2010 and April 2, 2011.
So OOO Inkos placed its claim with Sverdlovsk Region Arbitration Court, asking to make the consulate pay 218,560 RUR in rent, but the court rejected the company’s claim because it ruled the defendant had diplomatic immunity from Russia’s judicial authorities. According to OOO Inkos, this ruling wasn’t right, as there was no proof in the files of the case that the rooms had actually been rented for the purpose of performing consular functions.
Meanwhile, the 17th Arbitration & Appeals Court also stated that the Vienna convention on diplomatic relations makes hosting states take all the measures necessary to prevent any offense of the person, freedom, or dignity of consuls, while the said persons and the consulate employees are not subject to the jurisdiction of the hosting state’s judicial or administrative authorities as far as the actions they take while performing their consular functions are concerned.
‘Igor Olegovitch Vozhagov was declared the Honorary Consul of the Republic of Seychelles in Yekaterinburg. When performing his consular functions, Igor Olegovitch Vozhagov is entitled to all the rights and benefits offered to the officials of foreign states’ consulates in the Russian Federation in accordance with the current legislation in this respect and with the international treaties Russia has signed; now the rented premises were used by Vozhagov to perform consular functions. This is why the Honorary Consul Igor Vozhagov enjoys the privileges and the immunity secured by the Vienna Convention of 1963 for the honorary consuls,’ the court stated and rejected Inkos’s appeals petition.
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