§ 20. New types and forms of diplomatic documents The concept of "diplomatic correspondence" inherited from the past does not cover the currently existing variety of forms of written (documentary) communication between states. Along with the traditional

Break of diplomatic relations BREAK OF DIPLOMATIC RELATIONS - a diplomatic act that has legal consequences - the termination of diplomatic relations that existed until that moment. R.d.o. may take place in cases of occurrence between states

Establishment of royal power Ivan IV the Terrible - the first Russian tsar (since 1547). 1533-1584. - the reign of Ivan Vasilyevich IV the Terrible. 1547 - the coronation of Ivan IV in the Assumption Cathedral of the Kremlin. The Moscow principality becomes a kingdom. Title: Tsar and Grand Duke of All Russia. 1547, June -

Diplomatic relations- official relations voluntarily established between sovereign states in all spheres of activity and giving the right to exchange diplomatic representatives and missions.

According to the Vienna Convention of 1961, the establishment of diplomatic relations is carried out by mutual agreement.

The first step to establishing dip. relations is the recognition of a state and its government by another state. In accordance with international law, there are two forms of recognition of a new state: de facto recognition and de jure recognition.

De facto recognition is incomplete. Being unable to deny the fact of the existence of the state, the government of another country does not establish diplomatic relations with it, but at the same time enters into business contacts, develops trade relations. In modern international practice, de facto recognition is used relatively rarely.

De jure recognition, or full diplomatic recognition, involves the establishment of documented official diplomatic relations, the establishment of a mutual agreement between diplomatic missions, the development of mutually beneficial trade, economic, cultural and other ties.

There is no single procedure for establishing diplomatic relations between states that has been specifically agreed anywhere. States prefer to consolidate agreements on the recognition and establishment of diplomatic relations in writing in order to avoid various misunderstandings in the future. For the same purpose, careful preparation is usually carried out. to negotiations on the establishment of relations, which are entrusted either to a special government delegation traveling to the country on the occasion of the declaration of its independence, or to one of the diplomatic missions abroad - (through "diplomatic channels")

Forms of documentary consolidation of the recognition of states and the establishment of diplomatic relations with them:

1) exchange of personal notes;

2) signing a special agreement;

3) publication by both parties of an agreed communiqué (Official Government Communication on Issues of International Importance);

4) exchange of letters or telegrams at the highest level.

Deep relations between states in the general case are friendly contacts of any nature between their governments, they can exist even in the absence of embassies. However, diplomatic relations acquire a full-fledged character only after the opening of a diplomatic mission or, more preferably, an exchange of them.

The exchange of diplomatic missions between states is possible at one of three levels. Each level corresponds to a certain class of the head of the representative office. The highest level is the embassy, ​​which is headed by a diplomatic representative who has the ambassador class. This is followed by a mission led by an envoy and then a mission led by a chargé d'affaires.

The functions of a diplomatic mission are, in particular:

a) at the mission of the sending state in the receiving state;

b) to protect in the host state the interests of the sending state and its citizens to the extent permitted by international law;

c) in negotiating with the government of the host state;

d(b) ascertaining by all legal means conditions and events in the receiving State and reporting them to the government of the sending State;

e) in the promotion of friendly relations between the sending State and the receiving State and in the development of their mutual relations.

According to diplomatic law, before appointing the head of a diplomatic mission, the government of the state requests (agrement) to accept the person appointed as a representative. Refusal to issue an agrément does not require motivation. Upon departure to the destination, the ambassador or envoy is issued a letter of credence signed by the head of the sending state and addressed to the head of the receiving state. The Vienna Convention of 1961 establishes that the head of a diplomatic mission is considered to have entered into the exercise of his functions in the receiving state, depending on the practice existing in this state: either from the moment of presentation of credentials, or from the moment of notification of arrival and presentation of certified copies of credentials to the Ministry of Foreign Affairs host state.

Cases are known where States suspend or terminate (sever) diplomatic relations. These relations are terminated, for example, as a result of a war, armed aggression against a sovereign state, a military putsch, or when one of the partners changes its state status (for example, merging with another state, joining a federation or confederation), in which the conduct of foreign affairs is transferred to a common supreme body.

Gap diplomatic relations accompanied by a complete cessation of contacts between states, the withdrawal of diplomatic representatives and the closure of diplomatic missions.Recovery diplomatic relations are, as a rule, the same as their establishment, i.e. through negotiations and exchange of relevant documents.

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Diplomacy-- the activities of the heads of state, government and special bodies of external relations to implement the goals and objectives of the foreign policy of states, as well as to protect the interests of the state abroad. Diplomacy is a means of implementing the foreign policy of states. It is a set of practical measures, techniques and methods applied taking into account specific conditions and the nature of the tasks being solved. In international relations, the concept of diplomacy is associated with the art of negotiating to prevent or resolve conflicts, search for consent and mutually acceptable solutions, expand and deepen international cooperation.

The origin and content of the term "diplomacy". It is believed that the word "diplomacy" comes from the Greek word dnpl fma , which in Ancient Greece, called double tablets with letters printed on them, issued to envoys as credentials and documents confirming their authority). Literally, this word meant "doubling" from the way they were folded. Ambassadors on their way to the talks Ancient Greece received instructions and certificates confirming their authority, written on two folding tablets, which they handed to the city official ( ancient polis), who was in charge of international affairs. This is where the word "diplomacy" comes from.

In everyday speech, the word "diplomacy" is sometimes used to refer to some completely different things. For example, sometimes diplomacy is understood as the foreign policy of the state. In other cases, diplomacy refers to negotiations, and sometimes this word refers to the set of procedures and apparatus by which negotiations are conducted. It is also used to refer to foreign institutions that are part of the Ministry of Foreign Affairs. Well, in the end, the word "diplomacy" denotes a special ability of people, manifested in the art of obtaining benefits in international negotiations, or dexterity in the good sense of the word, and in the bad sense - in deceit in such matters. These five meanings of the word "diplomacy" are especially used in English-speaking countries.

Independently, this word began to be used from the end 16th century. The first use of the word diplomacy in England dates back to 1645. Later the great German scientist Gottfried Leibniz used the word "diplomatic" (in Latin diplomaticus) in the Codex Juris Gentium Diplomaticus he published in 1693. Since then, it has come to mean "concerning international relations."

Later, the word "diplomacy" in the sense that we put into it now, began to use the French diplomat François Callier, former ambassador Louis XIV in several states. In 1716, he published the book "On the Ways of Negotiating with Sovereigns", where he used the word "diplomacy" in the modern sense of the word. Calier's book is still used in the training of diplomats in many diplomatic schools. In this edition, diplomacy is seen as the art of negotiation, based on certain moral principles and based on a certain theory. Prior to that, in the days of Ancient Greece and Ancient Rome, as well as Byzantium And Middle Ages the art of lying and deceit in international affairs was brought to perfection. Callier countered this with honest negotiations based on high intelligence. He wrote in this book: “Deceit is really an indicator of the limited mind of the negotiator. It's no secret that lies have always been used to achieve success. It has always left behind drops of poison, and even the most brilliant successes of diplomacy, achieved by deceit, rest on shaky ground. Successfully conducted honest and intellectually based negotiations will give the diplomat a huge advantage in the subsequent dialogue he will have.”

There are several definitions of the concept of "diplomacy". The Oxford Dictionary defines it as follows: “Diplomacy is the conduct of international relations through negotiations; the method by which these relations are regulated and conducted by ambassadors and envoys; the work or art of a diplomat." However, there are also other definitions of the concept of "diplomacy". For example, in the book by E. Satow "Guide to Diplomatic Practice", published in 1961, it says: "Diplomacy is the application of intelligence and tact to the conduct of official relations between the governments of independent states, and even more briefly, the conduct of business between states by peaceful means" .

In the Diplomatic Dictionary (editor-in-chief - Minister of Foreign Affairs of the USSR BUT. BUT. Gromyko) the following definition is given: "Diplomacy is the principled activity of the heads of state, government and special bodies of external relations to implement the goals and objectives of the state's foreign policy, as well as to protect the rights and interests of the state abroad."

Summarizing the different points of view on the definition of diplomacy, we can define it as the science of international relations and the art of negotiating by the heads of states and governments and special bodies of external relations (ministries of foreign affairs, diplomatic missions, the participation of diplomats in determining the course of the country's foreign policy and its implementation peaceful means The main goal of diplomacy is to protect the interests of the state and its citizens.

History of diplomacy

Diplomacy, as a method of regulating the establishment of relations between groups of people, obviously existed in prehistoric times. According to G. Nicholson, back in the 16th century, theorists assured that the first diplomats were angels, since they acted as ambassadors between heaven and earth.

Even in prehistoric times, it is likely that there were cases when one tribe fought with another tribe, and in order to pick up the wounded and bury the dead, negotiations were underway to temporarily stop the battle. Even then it was clear that such negotiations would not have been possible if the ambassador of one side had been eaten by the other side before he delivered the message. From here, probably, certain rights and privileges for negotiators appeared. The personality of this kind of messenger or herald, duly authorized, must have been in some respect special. From these customs arose the privileges enjoyed by modern diplomats.

IN slave society who constantly used military captures to replenish work force, dominated by military means of implementing the foreign policy of states. Diplomatic relations were maintained only occasionally by embassies, which were sent to individual countries with a specific mission and returned after its completion.

Under the conditions of feudal fragmentation, the “private” diplomacy of feudal sovereigns became widespread, who, in the intervals between wars, concluded peace treaties, entered into military alliances, and arranged dynastic marriages. Maintained extensive diplomatic ties Byzantium. In the middle 15th century with the development of international relations, permanent missions of states abroad gradually appear.

The peculiarities of the diplomacy of the states of modern history are determined by the new goals of their foreign policy in the conditions of the development of the capitalist (market) economy. For large states, this is a struggle for the conquest of foreign markets, for the division, and then for the redivision of the world. For small states and peoples, this is the formation of national states, upholding their independence and integrity. Under the new conditions, the scale of diplomatic activity is significantly expanding, which becomes more dynamic and is used by the state to create a wider base among the leadership and ruling elite of foreign states, to establish contacts with certain political parties, media. Diplomacy, along with military means, played an important role in the struggle to achieve the goals of anti-feudal, democratic and national liberation movements, in the formation of nation states in Latin America and on Balkans, in the union Germany, Italy. In recent history, the preservation of peace, the development of diverse negotiation formats, the creation of supranational regulatory bodies - the League of Nations, the UN, the G8, the G20 - have become a new important area of ​​diplomacy.

Old and new diplomacy

It is generally accepted that the First World War and the events that took place after it were the frontier in the development of diplomacy. These include: proclamation by the President of the United States Woodrow Wilson his 14 Points of Open Diplomacy and Economic Equality of States, the abolition by Soviet Russia of the so-called "enslaving treaties" and the rejection of secret diplomacy. The birth of a new diplomacy was influenced by such factors as the desire to create international organizations (primarily League of Nations And UN), with the aim of preventing wars, the collapse of existing empires And world colonial system, occurrence and coexistence of two systems (capitalism --socialism) and other events that occurred after the First and Second World Wars. The role of the public, the media and their influence on diplomacy has changed significantly.

Form of diplomacy

Main articles: Vienna Convention on Diplomatic Relations , Diplomatic relations , diplomatic protocol , Credentials .

Diplomacy is an extremely codified and formalized activity carried out on the basis of Vienna Convention on Diplomatic Relations of 1961.

Functions of diplomacy

representation

Diplomatic communication and correspondence

· conduct of negotiations

· Loyalty

retrieval of information

protection of the interests of citizens of their country abroad

Methods and means of diplomacy

official and other visits and negotiations;

diplomatic congresses, conferences, meetings and meetings;

· preparation and conclusion of bilateral and multilateral international treaties and other diplomatic documents;

Participation in work international organizations and their bodies;

· day-to-day representation of a state abroad by its embassies and missions;

· diplomatic correspondence;

publication of diplomatic documents;

lighting in media government positions on certain international issues.

transmission diplomatic notes

· rupture of diplomatic relations

Principles and features of diplomacy

· International law forbids interference in the internal affairs of the host country.

Bodies and responsible persons carrying out the diplomatic service enjoy generally recognized rights and diplomatic privileges in the host country ( immunity and inviolability of diplomatic personnel and premises, the right to encrypted correspondence and closed diplomatic communications, the right to raise the flag of the state, customs privileges, etc.).

Types of diplomacy

Depending on the goals and methods of achieving the goals of foreign policy of the state, the following types of diplomacy are distinguished.

appeasement policy

Main article: appeasement policy

(English Appeasement)

The essence of this type of diplomacy is appeasement, that is, unwillingness to aggravate or inflame the contradictions that exist between countries. This type of diplomacy involves various concessions on minor and non-principled issues to the opposite side.

The most common example of this diplomacy is the policy of England and France on the eve of World War II, when they tried to resist the aggressive aspirations of Hitler.

Gunboat diplomacy

Main article: Gunboat diplomacy

The essence of gunboat diplomacy is to demonstrate force in order to achieve their foreign policy goals. It got its name from the word " gunboat"- a small ship with serious artillery weapons.

An example of this policy is the use of gunboats by the United States of America in China at the beginning of the 20th century, as well as in Latin America. At present, any application naval forces to achieve foreign policy goals was called gunboat diplomacy.

Dollar diplomacy

This type of diplomacy involves the use of economic methods (for example, loans) to achieve their goals.

President of the U.S.A William Howard Taft(1909-1913) figuratively described the diplomacy of the dollar as "a policy in which dollars should act as bullets." The phrase was first used in 1909, when the US government stimulated construction with investments and loans. railways in China. This policy was extended by the United States mainly to the underdeveloped countries of Latin America ( Haiti, Honduras And Nicaragua), where the repayment of loans was guaranteed by the US armed forces present in the country.

Public diplomacy

Main article: Public diplomacy

Public diplomacy is understood as actions aimed at achieving the goals of national foreign policy by establishing long-term relationships, studying public opinions abroad, informing foreign audiences in order to better understand the values ​​and institutions of their own state abroad. Public diplomacy promotes national interests and ensures national security by studying sentiments abroad, influencing those who form this opinion.

People's diplomacy

People's diplomacy in the broad sense of the word is understood as a historically continuous process of communication, mutual knowledge of peoples, mutual influence and mutual enrichment of cultures.

Shuttle diplomacy

Shuttle diplomacy is one of the means of peaceful resolution of disputes between states through a series of negotiations with the participation of a third state (mediator) and on the basis of the conditions put forward by it.

In early 1974, US Secretary of State Henry Kissinger began the first round of what later became known as "shuttle diplomacy" between Jerusalem and the capitals of the Arab countries.

Economic diplomacy

Main articles: International economic relations , Foreign economic activity

Economic diplomacy, or trade diplomacy, is the direction of diplomatic work, which is based on trade and economic relations.

Trade diplomacy, as a direction of foreign relations of the state, played a big role in France during the time of Louis XIV. King's Advisor Jean Baptiste Colbert actively developed this direction, thanks to which the French treasury, exhausted by wars, was saved at the expense of commercial, trade diplomacy .

This type of diplomacy is of particular importance in modern conditions, when, thanks to the process globalization, the well-being of almost all states depends very much on participation in world trade and economic relations.

Diplomatic correspondence- a set of various types of correspondence and documentation of a diplomatic nature, through which relations are carried out between states.

verbal note

The most common type. It can concern important, fundamental issues, as well as routine ones. It contains various kinds of information (changes in the diplomatic staff), requests (to issue a visa, resolve an issue), may express dissatisfaction or draw attention to the issue again. It is printed on a musical sheet with a coat of arms, an index and a note number are put. Notes are sent to the addressee on behalf of the Ministry of Foreign Affairs or the embassy in the 3rd person (with the date, address of the recipient and a seal instead of a signature) and are not signed. The text consists of three parts: 1) an introductory compliment; 2) the content of the note; 3) final compliment

personal note

Written on a sheet music, but performed in the first person with a signature, no index or number, no stamp. It is sent on matters of important and fundamental importance, with information about changing the name of the state, on the issue of bilateral relations, as well as personal notes to colleagues in the diplomatic corps or the Foreign Ministry on vacation, presentation of credentials, temporary departure and appointment of a charge d'affaires; on protocol issues, congratulations, condolences. Sent by courier only.

Memorandum

It contains the factual or legal side of a problem and can be a statement of the country's position, its analysis of the situation - when it needs to be done clearly officially. Handed in person (put the date and place, printed on the letterhead) or sent with a note (without date and place, on paper). It does not contain either an introduction or a conclusion, but there is a heading “Memorandum of the Government of the Russian Federation on the issue of ...”. No stamp is placed.

Memorandum

It is given: 1) personally after an oral statement and request (to enhance its meaning, prevent misinterpretation) or as a response to a request, 2) by courier, along with a business card or other note. As a rule, it is drawn up impersonally, does not contain either an introduction or a conclusion, but there is a heading “Personal note”, it is not signed, without a seal, the date and place are put. Mostly for everyday matters.

private letter

A personal letter is used for relations with cultural figures, business circles, public organizations, politicians when sending another note is not dictated by necessity. This may be a cover letter, expressing gratitude, congratulations, a personal invitation or request, etc. But in any case, the personal nature of the letter is emphasized - according to a private event. It is written either on the sender's letterhead or on good paper. Address "Dear Mr." Compliment “With respect”, “I ask you to accept my assurances of very high respect for you.” Depends on the position of the addressee and the degree of relationship with him. It is preferable to write and sign by hand. The address is written on the envelope. The place and date are put (top right, sometimes bottom) and sometimes the position of the sender (top left if personal form, or bottom right after signature).

Statements

They carry a more significant semantic load than memorandums and may contain a state reaction to an event or warning.

Diplomatic relations- the main form of maintaining official relations between sovereign states, as well as some other state-like subjects of international law-- at the moment they are The Holy See, Order of Malta And European Union. Some countries that do not yet recognize State of Palestine, have diplomatic relations with OOP as a representative of the Palestinian people; a similar situation exists with those countries that recognize the Syrian opposition coalition as the legitimate representative of the Syrian people - such relations indicate that these organizations are considered as the future government of the respective states. There are also examples of establishing diplomatic relations with governments in exile, which are also considered as full-fledged governments of the respective states in the future) in accordance with the norms international law and practice of international communication.

Diplomatic relations are called upon to promote the development of friendly relations between states, the maintenance peace and security.

According to Vienna Convention on Diplomatic Relations 1961 of the year The establishment of diplomatic relations is carried out by mutual agreement.

The establishment of diplomatic relations is usually preceded by legal confession state and his governments from another state, the very fact of their establishment always indicates the existence of such recognition.

Diplomatic relations between states and state-like entities in the general case are friendly contacts of any nature between their governments, they can exist even in the absence of embassies. However, diplomatic relations acquire a full-fledged character only after the opening of a diplomatic mission or, more preferably, an exchange of them.

The rupture or suspension of diplomatic relations may occur due to the fact that the government in another state is no longer considered legal. In this case, diplomatic relations can subsequently be established with another (alternative) government of the same state that came to power as a result of a revolution or coup. In another situation, the break or suspension of diplomatic relations may officially indicate that relations between states are no longer friendly; this can happen if there are very serious problems in relations due, for example, to a war that has broken out between states. Also, diplomatic relations are terminated due to the liquidation of this subject of international law, for example, due to the unification of states, or the termination of recognition of its legal personality.

The existence (as well as the establishment, resumption) of diplomatic relations always indicates that the parties recognize each other as generally non-hostile to each other subjects of international law; it also testifies to the mutual recognition of the legitimacy of the power that leads each of the subjects and represents it in the international arena. In some cases, as, for example, in the case PRC And Republic of China on Taiwan, the establishment of diplomatic relations with one of the governments makes it impossible to establish them with another, since both regimes consider themselves the only legitimate authority throughout the territory of a single country. At the same time, the existence of real control of this government over the territory of its state is just not a necessary condition: there are cases when diplomatic relations were established with governments in exile. diplomacy diplomatic relations

The establishment of diplomatic relations occurs as a result of negotiations between representatives of the states concerned directly or through diplomatic representatives third states and is formalized in the form of an exchange of messages, letters, notes between heads of state and government or ministers of foreign affairs. The parties agree on the very fact of establishing diplomatic relations, the level (Embassy or mission), the date of entry into force of the agreement, the period and procedure for its publication.

Publicmdiplomamtiya (English public diplomacy) is a set of measures aimed at studying and informing foreign audiences, as well as establishing contacts.

The term "public diplomacy" is not synonymous with the term "open diplomacy", which refers to the nature of the state's diplomatic behavior in the international arena (from "openness" (Singapore) to "isolation" (DPRK)).

Public diplomacy is an action aimed at building long-term relationships, protecting the goals of national foreign policy and better understanding the values ​​and institutions of one's own state abroad. Public diplomacy promotes national interests and ensures national security by studying the mood of foreign public opinion, informing it and influencing those who form this opinion. Public diplomacy is mainly aimed at a mass audience. It starts from the assumption that public opinion can have a significant impact on their governments and political systems. Any kind of public diplomacy is aimed at a specific audience, using the appropriate language and images for this audience. This is what allows it to achieve its intended political goals.

Public diplomacy aims to expand the dialogue between the citizens of their country and foreign partners. This implies an active international exchange, the creation of information programs, and the promotion of one's culture.

The term "public diplomacy" is one of the ways to influence the opinion and behavior of the population of foreign countries. US public diplomacy can be traditional and so-called digital (digital diplomacy). Before the advent of the Internet, US public diplomacy included such programs of influencing other states as: information propaganda carried out through radio and television; training of certain socio-professional groups of the population with the aim of forming a loyal elite and spreading American political culture through exhibition activities, cinema, etc. The spread of the Internet has made it possible to influence foreign audiences through the following methods: posting radio and TV shows on the Internet, distributing literature about the United States in digital format, monitoring discussions in the blog space of foreign countries, creating personalized pages of US government members on social networks, and as well as sending information via mobile phones.

US public diplomacy

Since the late 1970s, direct public relations work has been very active in America, many organs and posts have been created. Propaganda, thanks to new technologies (television, radio), has become a key tool of the EaP. The perception of the policy of one state by the public opinion of other countries is playing an increasingly important role. The sphere of activity of public diplomacy involves an increasingly active involvement of public opinion, non-governmental institutions and individual citizens in the discussion on international politics. In many ways, the success of the state's policy and foreign economic projects on the world stage is ensured by the level of information systems.

Outreach

Information and explanatory work is an activity whose purpose is to disseminate information about one's own country, about the life of its people, as well as explaining the foreign policy of its government and its foreign policy actions, exposing the insinuations spread by hostile propaganda.

Diplomatic immunity

Diplomatic immunity(from Lat. immunitas - independence, non-susceptibility) - this is the withdrawal of its beneficiary (carrier) from the jurisdiction of the host state. First of all, the holders of such immunity are the head and members of the diplomatic staff. diplomatic missions. At the same time, there are cases when persons who are not members of the diplomatic staff of embassies have such immunity.

Diplomatic immunity must be distinguished from diplomatic privileges. The latter are preferences (benefits) that are granted to the relevant person when entering into certain legal relations with the host state (primarily in the tax, customs, migration areas).

The source of diplomatic immunity is an international custom codified Vienna Convention on Diplomatic Relations(Russia participates). In development of its provisions, the national (mainly procedural) legislation of states also regulates the issues of diplomatic immunity. Thus, in Russia, provisions on diplomatic immunity are contained in Article 401 of the Civil Procedure Code of the Russian Federation dated November 14, 2002 No. 138-FZ, as amended on February 6, 2012. , Article 11 of the Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ, as amended on December 7, 2011 In the USSR, questions of diplomatic immunity were regulated by the Regulations on Diplomatic and Consular Missions of Foreign States on the Territory of the USSR.

History of the Institute of Diplomatic Immunity

In its infancy, this institution existed in antiquities. In ancient China, ancient Greek policies and ancient Indian states, the personality of ambassadors was considered inviolable. In ancient India, embassy premises also enjoyed immunity. At that time, this was due primarily to religious beliefs. In addition, in these states there was a strong conviction that it was impossible to ensure peaceful international relations and interaction with each other on various issues without granting foreign ambassadors and mediators the right to safely move around the territories of the host states. At the same time, the principle of personal immunity of ambassadors lost its former significance during the heyday of the Roman Empire, and later Byzantium - both of these states relied more on an aggressive policy than peaceful coexistence.

In the modern sense of the word, diplomacy was revived only at the end of the Middle Ages, at the dawn of renaissance . With the appearance in the XV century. permanent embassy institutions, the principle of the inviolability of their premises was strengthened. Taking into account the special role of the church in the historical period under consideration, ambassadors, while continuing to enjoy immunity, began to be considered under its special protection. In the XVI century. - a period of fierce religious strife - the practice of states included special protection and immunity from the criminal jurisdiction of ambassadors, including even those who were suspected of plotting against the sovereigns who accredited them. In this context, it is appropriate to refer to such a diplomatic incident. The Spanish ambassador Mendoza in 1584 was accused by the English government of plotting to overthrow the English Queen Elizabeth. At the same time, the question arose whether it was possible to judge the Spanish ambassador in an English court. The Council of the Queen turned for advice to the well-known Italian diplomat, jurist, expert in diplomatic law Alberico Gentili (author of the treatise "Three Books on Embassies" in 1585). He concluded that Mendoza should be punished by the Spanish sovereign, and therefore should be expelled from England. As a result, the guilty ambassador received an order from the British authorities to leave the Kingdom.

IN Westphalian period (1648-1815) of the development of international law, the rules on the immunity of ambassadors, accompanying family members and staff from the civil and criminal jurisdiction of the host states, as well as the rules on the inviolability of embassy premises, received final consolidation in the form of international custom. During the period under review, increased attention is paid to the topic of diplomatic immunity in scientific international legal developments ( G.Grotius, 1625, C. Binkershock, 1721, E. Vattel, 1758).

Versailles(1919-1945) the period of international law was marked by attempts to codify the norms on diplomatic immunity that had developed by that time. For the first time such codification was undertaken at the regional level - the Havana Convention on Diplomatic Employees of 1928, to which the states of the Pan American Union were participants. At the same time, this Convention still did not quite adequately reflect the practice in the field of diplomatic law that existed at that time. More thoughtful in this regard is the Harvard Draft Convention on Diplomatic Privileges and Immunities of 1932.

The first universal codification of customary norms of diplomatic law was undertaken already in the period contemporary international law by a subsidiary body of the UN General Assembly - the International Law Commission, the result of which was the Vienna Convention on Diplomatic Relations of April 18, 1961. It recorded not only the uniform rules that had developed by that time in the diplomatic practice of states, but also new rules about which the states had not previously had a common understanding (we are talking, first of all, about the privileges and immunities of junior staff of embassies, exceptions to immunity, and also the status of diplomats who are citizens of the host state). It was the Vienna Convention that became the universal instrument regulating relations in the field of diplomatic law, including the issues of diplomatic immunity.

The theoretical basis of such immunity is the combined functional-representative theory, which is reflected in the preamble of the Vienna Convention of 1961 (hereinafter - VC). According to it, in particular, "privileges and immunities are granted not for the benefit of individuals, but to ensure the effective exercise of the functions of diplomatic missions as bodies representing states." The same applies to diplomatic representatives, as well as other persons who, by virtue of an agreement or custom, are also carriers of diplomatic immunity.

The VC regulates the issues of immunity in relation to diplomatic missions (embassies) and diplomatic representatives (agents).

Diplomatic missions

One of the components of their immunity is immunity. In accordance with Article 22 of the VC, the premises of a diplomatic mission are inviolable. At the same time, the premises of the representative office, according to Article 1 of the VC, include buildings or parts of buildings used for the purposes of the representative office, including the residence of the head of the representative office, whoever owns the ownership of them, including the land serving this building or part of the building. Thus, the premises of the mission are inviolable regardless of whether they are owned by the sending state or on a leasehold basis (or other proprietary/obligatory right), and also whether these premises represent a separate building, a complex of buildings or only part of a building (in the latter case, in order to ensure immunity, this part must be equipped with a separate entrance). Accordingly, the authorities of the receiving state, firstly, cannot enter the premises of the mission except with the consent of its head. Secondly, the receiving State has a special obligation to take all appropriate measures to protect the premises of the mission from any intrusion or damage and to prevent any disturbance of the peace of the mission or affront to its dignity. Sometimes local police forces are assigned to provide security for embassies.

The inviolability of the premises of the diplomatic mission implies the impossibility of serving court summonses and transferring court orders both inside the premises themselves and, as they say, on the doorstep. The transfer of such documents must be carried out in a different way (via the postal service, through the local Ministry of Foreign Affairs). In addition, the inviolability of the premises implies immunity from search, seizure, requisition and execution. This immunity also applies to furnishings and indoor furniture.

In the case of premises, immunity and inviolability coincide. Immunity and premises on lease.

Diplomatic agents

Other beneficiaries of diplomatic immunity

· Heads of State;

· Heads of governments;

· Ministers of Foreign Affairs;

· Officials of international organizations;

· Other entities.

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Description of the principles of cooperation between Japan and Russia and the methods of their bilateral cultural diplomacy. Ways of cultural interaction. Visa-free exchange program for Russians. Events related to culture: festivals. Educational programs.

abstract, added 09/03/2016


Legal grounds for establishing diplomatic relations. The essence of the concept of "diplomatic recognition". The main directions of Ukraine's foreign policy. Relations between Ukraine and the European Union. Diplomatic relations between Russia and Ukraine.

abstract, added 08/07/2010


Negotiations as an instrument of diplomacy, forms of multilateral diplomacy. Russia, China, Central Asia as a zone of potential conflicts. Ways to resolve conflicts in the post-Soviet space. The role of the Dalai Lama in resolving the Tibetan conflict.

term paper, added 06/23/2011


Problems of international relations and the formation of the foundations of diplomacy in the XV-XVII centuries. Formation of colonial empires. International relations during the Napoleonic wars in Europe. USA in the system of international relations. Russian-Turkish wars and their results.

cheat sheet, added 04/05/2012


The evolution of relations between Russian diplomacy and NATO. From confrontation to unequal partnership. Russia and NATO: Factors for Revising Strategic Priorities. NATO expansion to the east as a problem of Russian diplomacy.

term paper, added 09/24/2006


Economic diplomacy as a phenomenon of international life, its specificity, types, tasks, goals and functions. Members of the largest international regional trading blocs. Directions of economic diplomacy of the Russian Federation in the context of globalization.

The first step towards establishing diplomatic relations between states is the recognition of a state and its government by another state. This recognition is possible in two forms: de facto, that is, recognition of the very fact of the existence of a given state and its government, regardless of its legal rights, and de jure, that is, with all its legal rights and privileges in international relations.

It is known that the Soviet state, created in October 1917, was not recognized for a long time by the largest capitalist states - the USA, England, France, etc. After the failure of foreign intervention and until 1924, these states reckoned only with the fact of the existence of the USSR, that is recognized it de facto, but did not have normal diplomatic relations. Only on February 2, 1924, Great Britain recognized the Soviet Union de jure and established normal diplomatic relations with it. This was followed by a period of recognition of the Soviet Union by other capitalist countries and the establishment of diplomatic relations with it (February 7, 1924 - with Italy, February 21 - with Austria, March 8 - with Greece, March 10 - with Norway, March 18 - with Sweden and Denmark, on May 31 - with China, on August 4 - with Mexico, on October 28 - with France, on April 15, 1925 - with Japan, and only on December 16, 1933 - with the USA).

The same unrealistic policy of non-recognition by the United States, Britain, France and the Federal Republic of Germany was carried out until the 70s in relation to the peace-loving German state, the German Democratic Republic, even when this state was admitted to the UN as an independent sovereign state.

Until 1976, the United States did not recognize the first socialist state in the Western Hemisphere - the Republic of Cuba.

The establishment of diplomatic relations occurs after preliminary negotiations, usually through mediation or through diplomatic representatives of other states, and is formalized in the form of an exchange of letters or telegrams between heads of state or prime ministers (sometimes ministers of foreign affairs) of governments, and in these letters (telegrams) the rank of a diplomatic official is determined. representations (embassies, missions) that states decide to exchange.

This is usually followed by the mutual appointment of diplomatic representatives (ambassadors, envoys). It is generally accepted in international practice that before the appointment of an ambassador (envoy), the consent (agrement) of the government of the country where the ambassador (envoy) is appointed is requested. For this purpose, the government is provided with brief information about the intended candidate, indicating his last name, first name and patronymic, year of birth, education, marital status and a brief note on his official activities, which are transmitted diplomatically in the form of a memo without any official execution of this document ( without official letterhead, number, date, etc.). Upon receipt of the agrement request, the government of the state that was requested considers the request and usually gives its answer within 2-3 weeks. As a rule, consent is given to the appointment of an ambassador (envoy), whose candidature is nominated by the government that appoints him, because it is generally recognized the sovereign right of each state to appoint its own ambassador (envoy) to this or that country at its choice.

However, there are rare cases when the requested government finds it for some reason impossible for itself to agree to the appointment of a person as an ambassador (envoy) in its country. In these cases, they usually avoid giving a direct refusal to the requesting government, but prefer to drag out the answer to this question in order to make it clear that the intended person (persona non grata) for the post of ambassador (envoy) is undesirable for this government. In these rare cases, the requesting government, when withdrawing an intended candidate, often leaves the post of its ambassador (envoy) vacant for a long period in order to emphasize its dissatisfaction with the negative attitude of the requested government towards a candidate who enjoys the confidence of the requesting government.

A formal request for an agrement is practiced, as a rule, only in relation to ambassadors and envoys, although some states require a request for consent to the appointment of military attachés at embassies (missions) as well. In most countries, however, all that is required is a formal notice of the appointment of a person to the post of military attache in a note that simultaneously requests a visa for this person to enter the country of destination. The appointment of other diplomatic staff of the embassy (mission) is not customary to seek the consent of the government. The fact that every member of an embassy (mission) requires a visa to enter the country of destination gives the government of that country the formal right to reject a particular candidate by simply refusing a visa, although this is extremely rare.

Diplomatic relations- these are official relations that are voluntarily established by two states through friendly contacts of any nature between their governments in the political, economic, cultural and other spheres of activity and give the right to exchange diplomatic representatives. The first step towards the establishment of diplomatic relations is the recognition of a state and its government by another state. According to international law, there are two forms of recognition of states: de facto and de jure.

De facto recognition is incomplete, that is, not being able to deny the existence of a state, the government of another state does not establish diplomatic relations with it, but, despite this, enters into business contacts with it, as a rule, trade and economic. Sometimes this form of relationship can be used for a long time, but usually it is short-term, called "ad hoc", literally - "for this", "for this occasion". In modern international practice, this form of relationship is used relatively rarely.

The most common form of recognition is de jure recognition, or full diplomatic recognition. It provides for the establishment of documentary registration of official diplomatic relations, the establishment of diplomatic missions at the appropriate level, the development of mutually beneficial trade, economic, humanitarian and other ties.

In international practice, there is no special unified procedure for establishing diplomatic relations, but countries draw up these agreements in writing:

By exchanging personal notes;

Preparation of a special agreement;

Publication by both parties of the relevant agreed communiqué;

By exchanging letters and telegrams on this issue at a high level.

Specific negotiations on the establishment of diplomatic relations can be entrusted, say, to a government delegation that comes to the country on the occasion of the celebration of the declaration of independence, or, more often, in one of its diplomatic missions abroad (specifically with respect to Ukraine, a lot of work was done by the Permanent Mission of Ukraine in UN). During such negotiations, an agreement is reached on the very fact of establishing diplomatic relations, the level of diplomatic missions, the date of entry into force of the agreement reached, the form of the document that will fix this deal, and the procedure and deadline for the publication of this document or only a message (communique) with the agreement of the text.

Interesting in this sense is the resolution of the Presidium of the Verkhovna Rada of Ukraine "On the establishment of diplomatic relations with the states of the former USSR" dated December 11, 1991, which expressed "the readiness of Ukraine to establish diplomatic relations with other states and build bilateral relations with them on the basis of equality, sovereign equality, non-interference in each other's internal affairs, territorial integrity and inviolable borders between states", and also instructed the Ministry of Foreign Affairs of Ukraine "to apply to all states-subjects of the former USSR with a proposal to establish diplomatic relations with them in full, to conduct negotiations with them and conclude appropriate agreements.

During the first months of independence, there was an active process of recognition of Ukraine (the first to recognize Ukraine were Canada and Poland - 2, Hungary - 3, Latvia and Lithuania - 4, Argentina, Bulgaria, Bolivia, Russia, Croatia - on December 5. In general, during December 1991 Ukraine has been recognized by 66 states of the world). On January 23, 1992, a protocol was signed in Kyiv on the establishment of diplomatic relations with France, on the 27th - with Portugal, on the 29th - with Italy, on the 26th - a joint communiqué on the AR, on February 26th - an exchange of letters between the Ministers of Foreign Affairs of Ukraine and Finland.

From the archive of the Ministry of Foreign Affairs of Ukraine:

WHITE HOUSE

Washington

Dear Mr. President,

Given the historical changes that have taken place in your country and the demise of the Union that bound the republics of the former Soviet Union, I have the honor to inform you that the Government of the United States of America has recognized Ukraine as an independent state.

Over the past few months, including our meetings in Kyiv and Washington, we have had a broad and constructive dialogue on issues that are important to the interests of the United States and Ukraine and the world. We agreed that during and after the transition period, Russia, Ukraine, Kazakhstan and Belarus should ensure safe, responsible and reliable control of nuclear weapons under a single leadership. We congratulated your commitment to secure and accelerate the destruction of nuclear weapons on your territory and offered to assist in this process. You and we agreed that Ukraine should create legislation and an institutional regime to prevent the proliferation and export of weapons of mass destruction and other destabilizing military technologies, as well as the know-how to produce them. We congratulated Ukraine on the commitments of Ukraine to fully implement the treaties on the reduction of offensive arms (START) and on conventional armed forces in Europe (CCAA), to accede to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) as a non-nuclear state, and to accept all guarantees of the International Atomic Energy Agency ( IAEA).

You also spoke about Ukraine's enduring commitment to democratic values ​​and specific commitments contained in all NSV agreements, including the Helsinki Treaty and the Charter of Paris. We congratulated you on your determination to move quickly towards the creation of a market economy in Ukraine. You also: assured us of your obligation to fulfill the treaty and other obligations of the former USSR.

In view of your confirmation of all these commitments to Secretary Baker, I have the honor to propose the establishment of full diplomatic relations between our countries with permanent missions. I intend to name the ambassador to Ukraine in the near future and invite you to decide on your plans for an ambassador to the United States. I look forward to your response with your consent to these agreements and the next development of cordial and productive relations between Ukraine and the United States of America.

Sincerely, (signed) George Bush

His Excellency President of Ukraine Leonid Kravchuk Kyiv

Dear Mr. President,

On the eve of the New Year, I was very pleased to receive your letter dated February 26, 1991, in which you inform about the official recognition by the Government of the United States of America of the state independence of Ukraine.

With special gratitude, we accepted your proposal to establish diplomatic relations between our states in full.

I would also like to sincerely thank you for the expressed words of respect and trust to the obligations that Ukraine assumed with full responsibility in the implementation of its independent domestic and foreign policy.

Ukraine and the United States of America have approached a qualitatively new stage in the development of their relations. I fully agree with you that we must work together to develop a more reliable and secure world.

In this regard, I express my consent to receive in Kyiv as soon as possible a plenipotentiary delegation headed by the Deputy Secretary of State, Mr. Reginald Bartholomew. I hope that during this visit we will have an opportunity to discuss practical solutions to the important disarmament issues you mention in your letter of 28 December 1991.

I think that in the near future I will be able to tell you the name of the person who will be recommended by the first Ambassador of Ukraine to the United States of America.

I would like to take this opportunity to wish you, Mr. President, and through you to all US citizens, continued success, prosperity and peace in the New Year.

With deep respect, (signed) Leonid Kravchuk

His Excellency

Mr George Bush

President of the United States of America

Message from the Minister of Foreign Affairs and Affairs

Commonwealth for His Excellency

Minister of Foreign Affairs of Ukraine

Dear Mr Zlenko,

A letter from the Prime Minister dated December 31, 1991 to President Kravchuk confirmed the British recognition of Ukraine.

I now have the honor to propose the establishment of diplomatic relations between the United Kingdom of Great Britain and Northern Ireland and Ukraine, effective from 10 January. The British Consulate General in Kyiv will become the British Embassy the same day. A request for an agrément for the British Ambassador will be sent subsequently. In the meantime, I would like to inform you that Mr. Michael Holmes, currently Her Majesty's Consul General in Kyiv, will be Chargé d'Affaires ai from January 10 until the arrival of Mr. David Gladstone, who will take over as Charge d'Affaires on 17 January.

I would be grateful for confirmation that these agreements are acceptable to the Government of Ukraine.

In conclusion, I would like to express my sincere respect and personal best wishes to you. I really look forward to my visit to Kyiv on January 19.

(signed) Douglas Hard

His Excellency Douglas Harda

Minister for Foreign and Commonwealth Affairs

I have the honor to notify you that the proposal to establish diplomatic relations between Ukraine and the United Kingdom of Great Britain and Northern Ireland has been accepted and has been in force since January 10, 1992. The British Consulate General in Kyiv will become the British Embassy on the same day. The proposed arrangements are also acceptable to the Government of Ukraine.

I want to express my high respect and best wishes to you. I look forward to your visit to Kyiv on January 19.

3 respects, (signed) Anatoly Zlenko, Minister of Foreign Affairs of Ukraine

Your Excellency,

I have the honor to refer to the discussions concerning the establishment of diplomatic relations between the Republic of Finland and Ukraine and propose the following.

Desiring to strengthen and develop mutually beneficial relations between countries and peoples in accordance with the purposes and principles of the Charter of the United Nations and the Final Act of the CSCE, as well as the Charter of Paris for a New Europe, the Republic of Finland and Ukraine will establish diplomatic relations and exchange diplomatic representatives at the level of ambassadors to the extent possible. short term.

Diplomatic and consular relations between the Republic of Finland and Ukraine will be based on the Vienna Convention on Diplomatic Relations of 18 April 1961 and the Convention on Consular Relations of 24 April 1963.

If the Government of Ukraine agrees with the above, I have the honor to propose that this letter and Your Excellency's positive reply to it constitute an agreement between our Governments on this matter. The Agreement will enter into force on the date of the exchange of these letters.

Paavo Väyrynen Minister of Foreign Affairs

His Excellency

Mr. A. M. Zlenko

Minister of Foreign Affairs of Ukraine

Minister of Foreign Affairs of Ukraine

Your Excellency!

I have the honor to acknowledge receipt of your letter and, on behalf of the Government of Ukraine, agree that, as noted in it, Ukraine and the Finnish

The Republic, pursuing the development of mutually beneficial relations between the two countries and peoples in accordance with the purposes and principles of the Charter of the United Nations, the Helsinki Final Act and the Charter of Paris for a New Europe, shall establish diplomatic and consular relations and exchange diplomatic representations at the level of embassies as soon as possible .

Diplomatic and consular relations between Ukraine and the Republic of Finland will be based on the Vienna Convention on Diplomatic Relations of April 18, 1961 and the Vienna Convention on Consular Relations of April 24, 1963.

I also agree that both of our letters constitute an Agreement between our Governments on this matter, which shall enter into force on the date of the exchange of these letters.

Please accept, Your Excellency, the assurances of my highest consideration.

Anatoly Zlenko, Minister of Foreign Affairs of Ukraine

To His Excellency Mr. Paavo Väyrynen

Minister of Foreign Affairs of the Republic of Finland

Therefore, the documents confirming the establishment of diplomatic relations can be a bilateral agreement, a protocol or identical notes exchanged between the representatives who negotiated.

When establishing diplomatic missions, states must assist each other in acquiring (or hiring) on ​​their territory, in accordance with their laws, the premises necessary for representations that would meet the requirements for such institutions (location (preferably in the central part of the capital), compliance with safety, appearance of the premises, etc.), as well as adequate living quarters for employees.

With the establishment of diplomatic relations with many countries of the world, the young Ukrainian state faced a double problem - the location of its diplomatic missions in the capitals of states and foreign missions in Kyiv. Optimists in Ukraine cherished hopes that Russia, which had taken over the multibillion-dollar (in dollars) foreign property of the former Soviet Union, would, in accordance with an agreement at the highest level, share with the new states, including Ukraine, a part of foreign property to accommodate their foreign representative offices. This was not difficult to do, because in some capitals this property consisted of dozens of different premises, both office and residential. Despite many years of empty negotiations, our so-called brothers and strategic partners have not transferred a single square centimeter of this joint property to Ukraine, as well as to any of the post-Soviet states (with the exception of Belarus, perhaps), because they have already have long been sold to various commercial structures, or even simply brought to ruin. True, in some capitals, for example, in Warsaw, it was possible simply to brazenly, in a semi-legal way, not to get, but to take away the premises from the "brothers", but it is not formalized by any legal act. In some countries with clear legal regulation, we allegedly rely on the re-registration of the property of the Union to the property of Russia, but this gives practically nothing.

In some countries, for example, Canada and the USA, the Ukrainian diaspora helped us with the location of Ukrainian representative offices, with some countries (China, Uzbekistan, Turkmenistan) we exchanged premises on the basis of reciprocity, but the vast majority (more than 40 premises) were purchased or built with the money of Ukraine .

It was also difficult with the location of foreign missions in Kyiv, which for a long time was in the position of a province of the Moscow Empire and even in a dream could not imagine that it would have to have dozens of foreign embassies and consulates, representative offices of international organizations. But we are slowly coping with this problem, maybe not as we would like, but at a more or less decent level. The Federal Republic of Germany, for example, has built its premises as an embassy, ​​and other states are on the same path. In September 1994, by the Decree of the President of Ukraine, the "Program for the placement of diplomatic missions, consular offices of foreign states and representative offices of international organizations in Ukraine" was approved, the implementation of which, with the help of the Kiev City State Administration through the General Directorate for Servicing Foreign Representative Offices (GDIP), made over the years of independence, it would seem , impossible.

As of 2005, there were 118 embassies, representative offices to international organizations and Consulates General of Ukraine operating abroad, and 93 diplomatic missions of foreign states and international organizations in Kyiv.

It should also be taken into account that in the practice of international relations there are cases when diplomatic relations are stopped or broken. Diplomatic relations are broken, for example, as a result of a war, armed aggression against a sovereign state, a military coup (mutiny) or when one of the partners changes its state status (is part of another state or federation). The rupture of diplomatic relations is accompanied by a complete cessation of contacts between states, the withdrawal of diplomatic representatives and the closure of diplomatic missions. The head of the mission leaves the state without any wires; with the protocol service of the Ministry of Foreign Affairs, only technical issues of liquidating a diplomatic mission and organizing the departure of personnel are resolved. The head of a diplomatic mission also terminates his functions in such cases: if he resigns from his post and receives another appointment; if the government of the host country considers him "persona non grata", in case of death.

So, diplomatic activity outside the country is carried out by foreign state bodies of external relations, which are divided into two categories: permanent and temporary.

permanent bodies- embassies and missions, representative offices at international organizations are a special kind of state institutions that conduct daily diplomatic activities abroad, representing and protecting the interests of their state, its citizens and legal entities there.

According to the Vienna Convention of 1961, the functions of a diplomatic mission consist, in particular, in:

a) representation of the sending State in the receiving State;

b) protection in the host state of the interests of the sending state and its citizens within the limits allowed by international law;

c) negotiating with the government of the host state;

d) ascertaining by all legal means conditions and events in the receiving state and reporting them to the government of the sending state;

e) encouragement of friendly relations between the sending state and the receiving state and in the development of their mutual relations in the field of economy, culture and science.

The practice of diplomatic relations developed a certain procedure for the appointment of heads of diplomatic missions, which was, again, enshrined in the Vienna Convention (Article 4): in this state." So, before appointing the head of the mission, the accrediting party submits an agrement request for a candidate who they intend to appoint to this position.

The procedure for appointing the head of a diplomatic mission consists of the following steps:

1.Pidbir of the candidature of the ambassador or envoy.

3. Issuance of an internal legal act (decree of the President, resolution of the Parliament) on the appointment.

4. Simultaneous (in both capitals) official announcement of UZMI about the appointment that has taken place.

5. Issuance of credentials and departure to the host countries.

6. Previous presentation of copies of credentials to the Minister of Foreign Affairs.

7. Official ceremony of presenting credentials to the head of the host state.

8. Sending personal notes to the heads of diplomatic missions accredited in the host country, on the presentation of credentials.

If diplomatic relations are established for the first time, which is typical for newly created states, then before the ambassador arrives in the country where he must be accredited, a group (in Ukraine it is 2, maximum 3 people) of diplomatic and administrative and technical workers is referred to in order to prepare for the opening embassies. The diplomat brings with him letters from the minister of foreign affairs of his country addressed to the minister of the host country, in which he asks to accept the specified diplomat as charge d'affaires, because until the arrival of the ambassador he will act as head of the diplomatic mission.

In the course of preparation for the opening of the embassy, ​​the charge d'affaires, having handed this letter to the Ministry of Foreign Affairs, gets acquainted with the documents and protocol features on the opening of the embassy, ​​receives the necessary consultations from the Ministry of Foreign Affairs.

With a circular note, the chargé d'affaires informs the Ministry of Foreign Affairs and diplomatic missions accredited in the host country about the official opening of the embassy, ​​its address, relevant protocol events (raising the national flag over the premises, reception on this occasion).

Agrement means the consent of the government of the host country to the appointment of a specific person as the head of the diplomatic mission (ambassador, envoy or chargé d'affaires) of the accrediting party. If we are talking about the appointment of an ambassador, then a request for an agrement for him can be submitted through a diplomatic representative of the accrediting state in the host country. This representative visits the Foreign Office (at the level of minister, secretary of state or his deputy) and communicates orally or in writing the intention of his government to appoint an ambassador and submits the certificate of person that is offered. The certificate, which is prepared on a regular sheet of paper (not on an official letterhead), indicates the last name, first name and patronymic, year of birth, education, official activity, marital status, knowledge of foreign languages. In some cases, the agrément may also be requested by sending a verbal note to the ministry (embassy).

It is especially important (and this is required by international practice) that the fact of requesting an agrément be kept completely secret, because the disclosure of such information, especially in case of refusal to grant an agrément, can lead to negative consequences, in particular, to complicate relations between the states concerned. It should be borne in mind that in the current conditions the media are very hungry for a variety of sensational messages, and therefore hunt for such information and distribute it even in the form of rumors.

The consent of the receiving party means that the candidacy for the post of head of the diplomatic mission is a desirable person, a "persona grata". If for some reason it is not suitable, then it is considered an undesirable person, "persona non grata."

It is not customary to give a negative answer to an agrement request in the form of an official document, because the very delay in answering, which, as a rule, is given after 10-14 days, or taking into account the principles of reciprocity, that is, how long the agrement was considered for their ambassador, can be regarded as unwillingness to accept this candidacy, and it is usually withdrawn. No country ever explains the reasons for the refusal.

If the accrediting party considers the candidacy worthy, and therefore feels offended by a negative answer, then it can leave the post of ambassador vacant for a long time, and leave the head of the diplomatic mission at the level of charge d'affaires, which is perceived as a deterioration in the level of relations between states. Given this situation, the receiving party, as a rule, tries not to delay in responding. On the other hand, the accrediting party is trying to propose a candidate for such a diplomat, which would not cause any doubts. Depending on the nature of bilateral relations between states or on the sincerity of the personal relations of the heads of state, the candidacy of a new ambassador, especially if it is a political appointment (for example, the former Prime Minister of the Russian Federation V. Chernomyrdin, the Minister of Foreign Affairs or another well-known political figure), may agree with them even on the phone. But these are the absolute exceptions rather than the rule.

It is not necessary to ask for an agrément for the appointment of a charge d'affaires, and therefore, when leaving the host country - temporarily or permanently - the head of the diplomatic mission sends a personal (and now often verbal) note to the Ministry of Foreign Affairs and the heads of diplomatic missions, in which he announces his departure from the country and about who will be chargé d'affaires during the absence of the ambassador. The Ministry of Foreign Affairs confirms receipt of the note, and the formalities with the appointment of a charge d'affaires end here.

After receiving the agrement, the head of the diplomatic mission is appointed by the relevant state act of the accrediting state (in Ukraine - by the Decree of the President), as reported in the press. After that, the ambassador receives his credentials (from the French "letters de creance"), signed by the head of state, and prepares to leave. The name "credentials" comes from the word "believe". Approx.

but it has the same interpretation in other languages. So, in English, credentials are denoted by the word "credentials" or literally "mandate", "identity card". The same word comes from the English word "credense", which means "faith", "trust", and therefore a phrase is used in the credentials, which contains a request to "believe everything" that the ambassador will speak on behalf of the head of state and the government of his country.

Sample Credentials

V. A. Yushchenko-President of Ukraine

His Excellency Mr. Ahmet Necdet Sezer President of the Republic of Turkey

Your Excellency,

Guided by the desire to develop and deepen friendly relations between our states, I decided to appoint

Pan ___________________________

Ambassador Extraordinary and Plenipotentiary of Ukraine to the Republic of Turkey. I ask you to accept him with affection and believe everything that he will state on my behalf or on behalf of the Government of Ukraine.

At the same time, I take this opportunity to express my best wishes to the people of the Republic of Turkey and to assure Your Excellency of my highest consideration.

Personal signature of the President

Showed by Boris Tarasyuk, Minister of Foreign Affairs of Ukraine, Kyiv

In the credentials, where the ambassador is appointed concurrently, it is indicated: to appoint ...

Pan _______________________________

Ambassador Extraordinary and Plenipotentiary of Ukraine to the Republic of Iceland concurrently with residence in Helsinki (Finland)... ...and further in the text.

If the ambassador goes to replace, and not for the first time opens a diplomatic mission, then along with the credentials, he is also given letters of recall (from the French "letters de rappel") of his predecessor. Letters of recall (once even the term "holiday" was used) is a document through which the government announces the recall of its diplomatic representative, they are similar in content to credentials:

In modern diplomatic protocol, it is not practiced to present letters of recall to diplomatic representatives that are leaving, as a rule, they are presented by the newly arrived ambassador along with his credentials. Credentials and revocable letters are produced on special forms with the state emblem.

It is worth noting that if the speech of modern credentials and revocable letters is concise and specific, then in the era of absolute monarchies and empires it was characterized by extreme pretentiousness and writing, especially with regard to the titles of monarchs. This was characteristic of the Russian tsars, who with great care listed their titles in relation to the lands they had captured, which accounted for almost half of the world. Here is the title of one of them (we quote it in the original language in order to preserve its color): "By the grace of God, Emperor and Autocrat of All Russia, Moscow, Kyiv, Vladimir, Novgorod, Tsar of Kazan, Tsar of Astrakhan, Tsar of Poland, Tsar of Siberia, Tsar of Tauric Chersonesos, Georgian Tsar, Sovereign of Pskov and Grand Duke of Smolensk, Lithuanian, Volyn, Podolsk and Finland, Prince of Est-land, Lifland, Courland and Semigalsky, Samogitsky, Bialystok, Karelian, Tver, Yugorsky, Perm, Vyatka, Bulgarian and others; Sovereign and the Grand Duke of Novgorod, Nizovsky lands, Chernigov, Ryazan, Polotsk, Rostov, Yaroslavl, Belozersky, Udorsky, Obdorsky, Kondiysky, Vitebsk, Mstislav-lovsky and all the Northern countries Sovereign; Sovereign of Iversky, Kartalinsky and Kabardian lands and Aramean regions; Cherkasy and Mountain princes and others Hereditary Sovereign and possessor; Sovereign of Turkestan; Norwegian heir, Duke of Schleswig-Holsta nsky, Strmansky, Hitmarsensky and Oldenburgsky and others, and others, and others.

That's it, and no less! Therefore, even today these titles haunt the great-power chauvinists, and they dream of a new "gathering of lands", under whatever slogans this happens: either "spheres of vital interests", or "single economic (customs)" and "space", or simply because they want to.

The arrival of the head of a diplomatic mission theoretically has a solemn character, although it does not differ in any splendor, and in some countries that consider themselves standards of democracy, simplicity and modesty, it is generally a fairly common phenomenon. If the ambassador arrives by plane, he will be met at the airport or train station by the director (or his deputies) of the State Diplomatic Protocol Department of the Ministry of Foreign Affairs, charge d'affaires and embassy staff. If the ambassador comes with his wife, then the embassy staff also meet with their wives. At the gangway of the plane (carriage), the charge d'affaires introduces the ambassador to the director of protocol, who greets him and accompanies him to the hall of honored guests. Chargé d'affaires ad interim introduces the ambassador to the embassy staff. In some countries there is a practice that newly arrived ambassadors are greeted by ambassadors of other states accredited in that capital, but this is now rare.

If the ambassador arrives by car, then no official meeting is organized, with the exception of getting to know the embassy staff. In this case, the embassy confirms the fact of the arrival of the ambassador in the diplomatic protocol and agrees on the first visit to the protocol director.

The newly arrived ambassador makes the first visit to the director of the Department of State Protocol of the Ministry of Foreign Affairs, who informs him about the features of the ceremony of presenting his credentials, compiling obligatory visits to statesmen of the host country, preliminarily agrees on the visit of the Minister of Foreign Affairs. The head of the diplomatic mission gives the director a copy of the text of his short speech during the presentation of credentials (if provided for by the protocol), as well as a list of embassy employees who will be present at the presentation of credentials.

After that, there is a visit to the Minister of Foreign Affairs, which is, as it were, an introduction to the act of accreditation - the presentation of credentials. During this visit, there is a short conversation with the minister about the state of bilateral relations between states, then the ambassador presented copies of his credentials and recall letters, the text of the speech and asked the minister to assist in organizing a meeting with the head of state to present him with credentials. In modern diplomatic practice, due to the democratization and simplification of one ceremonial, speeches are delivered by ambassadors very rarely. Prior to the presentation of his credentials, the ambassador may arrange a visit to the dean of the diplomatic corps to obtain further information on local protocol practices. There are no other visits prior to the presentation of credentials.

The end of the ambassador's mission and his departure is also accompanied by a number of protocol events. After receiving an agrement for a new ambassador, the accredited ambassador determines (in agreement with the Ministry of Foreign Affairs of his state) the date of his departure and informs the Ministry of Foreign Affairs of the host country and the dean of the diplomatic corps.

In some countries, there is a practice of making farewell visits to a certain circle of officials: the head of state, government, minister of foreign affairs, and other officials. In most countries, the ambassadors themselves determine whom they would like to pay a farewell visit, and submit a list of these persons to the Department of State Protocol of the Ministry of Foreign Affairs with a request to assist in their organization. When compiling the list, the volume and nature of relations that the ambassador maintained with representatives of state, government and public organizations during the performance of his diplomatic mission are taken into account.

On the occasion of the ambassador's departure, the Minister of Foreign Affairs or his deputy arranges breakfast or lunch. On behalf of the minister, a souvenir is presented to the ambassador. As a rule, the doyen also arranges a reception - a "glass of champagne", on which they exchange short toasts with the ambassador. The souvenir is presented to the ambassador on behalf of the diplomatic corps.

Before leaving, the ambassador organizes a farewell reception, to which he invites official representatives of the host country, members of the diplomatic corps. On the day of departure, he sends a verbal note to the Foreign Ministry, and to the heads of diplomatic missions - mostly personal notes, in which he announces his departure and the appointment of a charge d'affaires. At the airport (train station) the ambassador is escorted by the director (or deputy) of the Department of State Protocol, embassy staff, and sometimes foreign ambassadors. If the ambassador departs by road, then he is escorted mainly only by the embassy staff. The director (deputy) of the Department of State Protocol can call on the residence to say goodbye, but this is not mandatory.

In modern international practice, the method of appointing one ambassador concurrently in another or even several states is very often used. The embassy and the ambassador are located in the same state, and in the country where he is accredited only part-time, a small diplomatic mission can open - a stavnitstvo headed by a charge d'affaires, an honorary consulate or, most often, the ambassador periodically travels to this country, takes part in various events (usually in the celebration of national holidays), meets with officials.

Presentation of credentials by the ambassador to the head of state is the culminating protocol event of the beginning of his diplomatic mission and always takes place in a solemn atmosphere. In most countries, the handing ceremony goes like this: on a certain day, the director (deputy) of the Department of State Protocol touches the embassy (or residence) in a special car, where he is received by the ambassador along with the embassy staff who will accompany the ambassador. The director invites the ambassador to the car, by which they go to the residence of the head of state.

In many countries, the ceremonial takes place with the participation of a guard of honor. In this case, upon the arrival of the ambassador at the residence (palace) of the head of state, the orchestra plays the anthem of the state, which is represented by the ambassador, and the guard of honor salutes, after which the ambassador enters the residence, where he is greeted by a high representative of the Office of the President.

Before the solemn hall (in Ukraine - the White Hall of the Mariinsky Palace) the president enters along with representatives of his office and the Foreign Ministry. The ambassador congratulates the head of state with a bow, and the protocol director introduces the ambassador to the president. The head of the diplomatic mission presents his credentials and recall letters to the president and delivers (in the case of the protocol) his speech. If the speech is not delivered, then the ambassador, after presenting the letters, expresses several pleasant phrases to the address of the host country and conveys greetings from his president to the head of state.

After that, the head of state introduces to the ambassador the persons who accompany him, and the ambassador introduces the members of the diplomatic staff of the embassy who belong to his escort. At the end of the ceremonial, the president gives the ambassador a so-called private audience (conversation with the ambassador), mostly face-to-face. This conversation is often led by the head of state, who also gives a sign that the audience is ending. The ambassador is photographed with the head of state and with the accompanying persons from the embassy. At this, the ceremony of presentation of credentials, which lasts from 15 to 30 minutes, ends, and the ambassador, accompanied by the director of the department, returns to the residence.

After the presentation of credentials, some countries provide for the laying of wreaths at the most revered monument in the capital, for example, at the Tomb of the Unknown Soldier. In each country, and especially in states with a monarchical form of government, the ceremony of presenting credentials has its own characteristics and is more magnificent. In England, say, a special parade carriage arrives for the ambassador, the ambassador and the persons accompanying him must be in tailcoats. In most countries, the dress uniform is a dark business suit, diplomatic uniform (where available) or national dress, which is typical for ambassadors of Asian and African states and Scandinavia (Norway).

From the moment of presentation of credentials, it is considered that the ambassador officially began to perform his official duties in the host country. International diplomatic practice provides that immediately after the presentation of credentials (practically on the same day), the ambassador sends personal notes to the heads of diplomatic missions with the countries with which his state maintains diplomatic relations accredited in this country, in which he announces the presentation of credentials. Then the ambassador makes visits to officials, political and public figures of the host country, heads of diplomatic missions with which his state maintains diplomatic relations. The list of officials to be visited is usually recommended by the Department of State Protocol, but may be supplemented by the ambassador himself in order to expand his personal contacts, if this does not contradict the protocol.

According to international protocol practice, the heads of diplomatic missions visited by the newly arrived ambassador must make response visits, but this rule is almost not observed now. Moreover, the ambassadors of some countries, especially those that are among the giants of world politics, do not consider it necessary to arrange visits to their colleagues, limiting themselves to a reception on the occasion of their arrival or not even doing that. In general, ambassadors arrange a reception on the occasion of the beginning of their diplomatic mission after the presentation of their credentials or combine it with some close date (for example, the anniversary of the establishment of diplomatic relations, etc.).

For the purpose of acquaintance, diplomats of other ranks and spouses of heads of diplomatic missions make visits to their colleagues. The rules for making visits by the wives of the heads of diplomatic missions in different countries are different, it should be noted that this practice is gradually dying out - they are usually found at joint events and receptions.

Members of the diplomatic staff of the embassy do not need to receive an agrement, their appointment takes place according to a simplified scheme. It is customary to inform the Ministry of Foreign Affairs of the host country about the arrival or departure of members of the diplomatic staff of the embassy by note verbale (some diplomatic missions report this to all embassies in the host country). In addition, they must first of all obtain entry visas to their countries of destination, and the receiving party thus receives information about them and can express its attitude towards this destination by issuing a visa or refusing it, which is not so rare in diplomatic practice. phenomenon. If there is a visa-free travel regime, then the accrediting country finds another form of informing the country of the diplomat's future stay.

If before the arrival of the new head of the diplomatic mission, his predecessor must leave the country, and their simultaneous stay on the territory of the receiving state is absolutely not allowed, then diplomats, as a rule, arrive before the departure of the persons they replace, in order to become more deeply and more specifically familiarized with the scope of their duties , establish contacts, exchange views on the features of future work. But this rule is not mandatory. When diplomats depart, a small reception may be arranged at the embassy, ​​to which they mainly invite those persons with whom the newly arrived diplomat will have to cooperate and maintain contacts.