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

The severance of diplomatic relations The severance of diplomatic relations is a diplomatic act that has legal consequences - the termination of diplomatic relations that existed before that moment. R.d.o. may occur in cases of occurrence between states

Establishment of tsarist power Ivan IV the Terrible - the first Russian tsar (since 1547). - the reign of Ivan Vasilyevich IV the Terrible. 1547 - the coronation of Ivan IV in the Kremlin's Assumption Cathedral. 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 representations.

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

The first step to establishing a dip. relations is the recognition of this or that 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.

The de facto recognition is incomplete. Unable to deny the existence of a state, the government of another country does not establish diplomatic relations with it, but at the same time enters into business contacts, develops trade ties. In modern international practice, de facto recognition is relatively rare.

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

There is no uniform procedure for establishing diplomatic relations between states that has been specially stipulated elsewhere. States prefer to formalize 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 negotiate a relationship, which are entrusted either to a special government delegation leaving for 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 of a special agreement;

3) publication by both parties of an agreed communique (Official government communication on issues of international importance);

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

In general, diplomatic relations between states are friendly contacts of any nature between their governments; they can exist even in the absence of embassies. However, a full-fledged character of a diplomatic relationship is acquired only after the opening of a diplomatic representative office or, more preferably, an exchange of them.

The exchange of diplomatic representations 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 class of ambassador. This is followed by a mission led by an envoy, and then a mission led by an attorney d'affaires.

The functions of a diplomatic mission are, in particular:

a) at the representative office of the sending state in the receiving state;

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

c) in negotiations with the government of the receiving state;

d) in ascertaining by all legal means the 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 host state and in the development of their relationship.

According to the diplomatic law, before the appointment of the head of the diplomatic mission, the government of the state requests (agreman) to accept the appointed person as a representative. Refusal to issue an aggregate does not require justification. Upon departure to the destination, the ambassador or envoy is issued a credential 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 the diplomatic mission is considered to have entered into the performance of his functions in the receiving state, depending on the practice existing in that state: either from the moment the credentials are presented, or from the moment the arrival is announced and certified copies of the credentials are presented to the Ministry of Foreign Affairs. host state.

There are cases when 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 policy is transferred to the general the supreme body.

The gap diplomatic relations accompanied by a complete cessation of contacts between states, the recall of diplomatic representatives and the closure of diplomatic missions.Recovery diplomatic relations usually take place in the same way as their establishment, i.e. through negotiations and exchange of relevant documents.

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

Posted on http://www.allbest.ru/

Diplomacy- the activities of the heads of state, government and special bodies of foreign 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 the specific conditions and the nature of the tasks to be solved. In international relations, the concept of diplomacy is associated with the art of negotiating to prevent or resolve conflicts, seek agreement and mutually acceptable solutions, expand and deepen international cooperation.

The emergence and content of the term "diplomacy". It is believed that the word "diplomacy" comes from the Greek word dнpl fma which in Ancient Greece, called double plaques with inscriptions on them, issued to the messengers as credentials and documents confirming their authority). Literally this word meant "double" from the way they were folded. The ambassadors sent to the talks in Ancient Greece received instructions and letters confirming their authority, written on two folding tablets, which they handed to an official of the city ( antique polis) 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 very 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 a set of procedures and apparatus through which negotiations are conducted. It is also used to refer to foreign missions that are part of the Ministry of Foreign Affairs. And in the end, the word "diplomacy" denotes the special ability of people, manifested in the art of seeking 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.

They began to use this word on their own from the end. XVI 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 published by him 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 was used by the French diplomat Francois Callier, former ambassador Louis XIV in several states. In 1716, he published a book "On the Ways of Negotiating with Tsars", where he used the word "diplomacy" in the modern sense of the word. Caliera's book is still used in the training of diplomats in many diplomatic schools. In this edition, diplomacy is viewed as the art of negotiation, based on certain moral principles and based on a certain theory. Before that, during the time of Ancient Greece and Ancient Rome, as well as Byzantium and Middle ages the art of lying and deceit in international affairs has been perfected. Callier contrasted this with honest negotiations based on high intelligence. He wrote in this book: “Deception is really an indicator of the limitation of the mind of the negotiator. It's no secret that lies have always been used to achieve success. It has always left behind a drop of poison, and even the most brilliant successes of diplomacy, achieved by deception, rest on shaky ground. Successfully conducted honest negotiations based on high intelligence will create huge advantages for the diplomat in the subsequent dialogue that he will conduct. "

There are several definitions of the concept of "diplomacy". The Oxford Dictionary gives the following definition: “Diplomacy is the conduct of international relations through negotiations; the method by which these relations are regulated and conducted by ambassadors and envoys; work or art of a diplomat ”. However, there are also other definitions of the concept of "diplomacy". For example, E. Satow's book "A Guide to Diplomatic Practice", published in 1961, says: "Diplomacy is the application of intelligence and tact to the conduct of official relations between the governments of independent states, and even in short, the conduct of affairs between states using peaceful means." ...

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

Summarizing the various points of view regarding the definition of diplomacy, one can define it as the science of international relations and the art of negotiating by the leaders of states and governments and special bodies of foreign relations (ministries of foreign affairs, diplomatic missions, the participation of diplomats in determining the course of the country's foreign policy and its implementation by 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 apparently existed in prehistoric times. According to G. Nicholson, even 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 have been 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 end the battle. Even then, it was clear that this kind of negotiations would have been impossible if the ambassador of one side had been eaten by the other side before he conveyed the message. This probably gave rise to certain rights and privileges for negotiators. The personality of this kind of messengers or messengers, duly authorized, must have been special in some respects. These customs gave rise to the privileges enjoyed by modern diplomats.

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

In 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. Supported broad diplomatic ties Byzantium... In the middle XV century with the development of international relations, permanent representations 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 to conquer foreign markets, to partition, and then to redivide the world. For small states and peoples, this is the formation of national states, upholding their independence and integrity. In the new conditions, the scale of diplomatic activity is significantly expanding, which becomes more dynamic and is used by the state to create wider support among the leadership and ruling elite of foreign states, to establish contacts with certain political parties, mass media... Diplomacy, along with military means, played an important role in the struggle to achieve the goals of antifeudal, democratic and national liberation movements, in the formation of nation states in Latin America and on The Balkans, in the union Of Germany, Of Italy... In modern 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 major 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 milestone 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 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 the existing empires and world colonial system, occurrence and coexistence of two systems (capitalism --socialism) and other events that took place 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 a highly codified and formalized activity carried out on the basis of Vienna Convention on Diplomatic Relations 1961.

Functions of diplomacy

representation

Diplomatic communication and correspondence

· conduct of negotiations

Winning favor

Obtaining information

Protecting 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 the state abroad, carried out by its embassies and missions;

· diplomatic correspondence;

· Publication of diplomatic documents;

Lighting in mass media government positions on various international issues.

Transfer diplomatic notes

· severance of diplomatic relations

Principles and features of diplomacy

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

Bodies and officials in charge of the diplomatic service enjoy generally recognized rights and diplomatic privileges in the host country ( immunity and inviolability of diplomatic staff and premises, the right to encrypted correspondence and diplomatic closed communication, the right to fly 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, an unwillingness to exacerbate or incite contradictions that exist between countries. This type of diplomacy involves various concessions on minor and non-fundamental 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 strength to achieve their foreign policy goals. Received 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 in the early 20th century, as well as in Latin America. Currently, 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, credits) to achieve their goals.

President of the U.S.A William Howard Taft(1909-1913) figuratively characterized dollar diplomacy as "a policy in which dollars should act as bullets." For the first time the phrase was 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 return 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 attitudes 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 settlement of disputes between states through a series of negotiations with the participation of a third state (mediator) and on the basis of conditions put forward by it.

Early 1974 U.S. Secretary of State Henry Kissinger began the first round of what became known as "shuttle diplomacy" between Jerusalem and the Arab capitals.

Economic diplomacy

Main articles: International economic relations , Foreign economic activity

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

Trade diplomacy, as the direction of foreign relations of the state, played a large 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 is highly dependent 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 between states.

Note verbale

The most common type. It can deal with important, fundamental issues, as well as routine ones. Contains various kinds of information (changes in diplomatic staff), requests (to issue a visa, resolve any issue), may express dissatisfaction or re-draw attention to the issue. It is printed on a sheet of music with the coat of arms, the index and the number of the note 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) a final compliment

Personal note

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

Memorandum

Contains the factual or legal side of any problem and can be a statement of the country's position, its analysis of the situation - when it must be done explicitly officially. It is handed in personally (date and place is put, printed on a 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 seal is not put.

Aide Memo

It is handed over: 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. It is drawn up, as a rule, 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 can be a cover letter, express gratitude, congratulations, a personal invitation or request, etc. But in any case, the personal character of the letter is emphasized - for a private event. It is written either on the personal letterhead of the sender, or on good paper. Appeal "Dear Mr.". Compliment "Sincerely", "I ask you to accept my assurances with 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. 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 the signature).

Statements

They carry a more significant semantic load than memoranda and may contain the state's 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 include The Holy See, Order of Malta and European Union... Some countries have not yet recognized 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 viewed 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 the practice of international communication.

Diplomatic relations are designed to promote the development of friendly relations between states, maintaining the world and safety.

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 its governments on the part of another state, the very fact of their establishment always speaks of 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, their exchange.

The severance or suspension of diplomatic relations may occur due to the fact that the government in another state ceases to be 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 severance or suspension of diplomatic relations may officially indicate that relations between states are no longer friendly; this can happen in the presence of very serious problems in the relationship as a result, for example, of a war that broke 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 the recognition of its legal personality.

The existence (as well as the establishment, renewal) of diplomatic relations always testifies to the fact that the parties recognize each other as generally non-hostile subjects of international law; it also testifies to the mutual recognition of the legitimacy of the power that governs each of the subjects and represents it in the international arena. In some cases, such as in the case PRC and Republic of China in Taiwan, the establishment of diplomatic relations with one of the governments makes it impossible to establish them with the other, since both regimes consider themselves the only legitimate authority over the entire territory of a single country. At the same time, the presence 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 interested states 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 foreign ministers. The parties agree on the very fact of the establishment of diplomatic relations, the level (Embassy or mission), the date of entry into force of the agreement, the term and procedure for its publication.

Publimny diplomamtiya (English public diplomacy) - 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 actions aimed at building long-term relationships, protecting the goals of national foreign policy and a better understanding of 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 mass audiences. It proceeds 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, uses the language and images appropriate to this audience. This is what allows her to achieve her political goals.

Public diplomacy pursues the goal of expanding dialogue between citizens of their country and foreign partners. This presupposes 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 diplomacy. Before the advent of the Internet, US public diplomacy included such programs of influence on other states as: information propaganda carried out through radio and television; training of individual social and professional groups of the population in order to form a loyal elite and the dissemination of American political culture through exhibition activities, cinema, etc. The spread of the Internet made it possible to influence foreign audiences through the following methods: posting radio and television broadcasts 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 members of the US government on social networks, and also sending information via mobile phones.

US public diplomacy

In America, since the end of the 70s, work has been very actively carried out on direct public relations, many bodies and posts have been created. Propaganda, thanks to new technologies (television, radio), has become a key means of EP. The perception of the policy of one state by the public opinion of other countries is playing an increasing role. The scope of public diplomacy involves an increasingly active involvement of public opinion, non-governmental institutions and individual citizens in discussions on international politics. To a large extent, the success in the world arena of politics and foreign economic projects of the state is ensured by the level of information systems.

Outreach

Outreach is an activity aimed at disseminating information about one's own country, about the lives of its people, as well as explaining the foreign policy course of its government and its foreign policy actions, exposing insinuations spread by hostile propaganda.

Diplomatic immunity

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

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

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

History of the Institute of Diplomatic Immunity

In its infancy, this institution existed even in antiquities... In ancient China, the ancient Greek city-states and the ancient Indian states, the personality of the ambassadors was considered inviolable. In ancient India, embassy premises were also inviolable. 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 move safely through the territories of the host states. At the same time, the principle of personal inviolability 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 advent in the XV century. permanent embassy institutions strengthened the principle of the inviolability of their premises. 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 patronage. In the XVI century. - a period of bitter religious strife - special protection and immunity from the criminal jurisdiction of ambassadors, including even those who were suspected of conspiring against the sovereigns accrediting them, have entered into the practice of states. 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 a conspiracy to overthrow Queen Elizabeth of England. At the same time, the question arose whether the Spanish ambassador could be tried in an English court. The Queen's Council consulted the famous 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.

V Westphalian During the period (1648-1815) of the development of international law, the rules on the immunity of ambassadors, accompanying family members and personnel from the civil and criminal jurisdiction of the host states, as well as the rules on the inviolability of embassy premises, were finally consolidated in the form of international custom. In the period under review, increased attention is paid to the topic of diplomatic immunity in scientific international legal developments ( G.Grotius, 1625, K. Binkershock, 1721, E. Wattel, 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 a codification was undertaken at the regional level - the Havana Convention on Diplomatic Servants of 1928, to which the states of the Pan American Union were parties. At the same time, this Convention still did not quite adequately reflect the existing practice in the field of diplomatic law at that time. More thoughtful in this regard is the 1932 Harvard Draft Convention on Diplomatic Privileges and Immunities.

The first universal codification of customary norms of diplomatic law was undertaken already in the period modern 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 contains not only the uniform rules prevailing by that time in the diplomatic practice of states, but also new rules about which the states previously did not have a common understanding (first of all, we are talking about the privileges and immunities of junior personnel of embassies, exceptions from immunity, and (See also the status of diplomats who are citizens of the host state). It was the Vienna Convention that became that 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 to 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 implementation of the functions of diplomatic missions as bodies representing states." The same applies equally to diplomatic representatives, as well as to other persons who, by virtue of a treaty or custom, are also bearers of diplomatic immunity.

VK 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 VK, the premises of the diplomatic mission are inviolable. At the same time, the premises of the representative office, according to Article 1 of the VK, 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 right of ownership to them, including the land plot serving this building or part of the building. Thus, the premises of the mission are inviolable, regardless of whether they are in the ownership of the sending state or on a lease (or other property / obligation law), and also on whether these premises represent a separate building, a complex of buildings, or only part of a building (in 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 a mission except with the consent of its head. Secondly, the receiving State has a special duty 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 insult 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 summons 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 (by postal service, through the local Ministry of Foreign Affairs). In addition, the inviolability of premises implies immunity from search, arrest, requisition and enforcement measures. This immunity also applies to furnishings and indoor furniture.

In the case of premises, immunity and inviolability are the same. Immunity and premises on a leasehold basis.

Diplomatic agents

Other beneficiaries of diplomatic immunity

· Heads of State;

· Heads of government;

· Ministers of Foreign Affairs;

· Officials of international organizations;

· Other subjects.

Posted on Allbest.ru

Similar documents

History of relations between Japan and Russia. Understanding of cultural diplomacy in these two countries: the difference in terminology and approaches. The goals of cultural diplomacy in Japan and Russia. The current strategy of foreign policy of states in relation to each other.

abstract, added 09/03/2016


Economic cooperation between states as the basis of modern globalization. The United States and the European Union are two centers of global geopolitical gravity. Economic diplomacy tools aimed at strengthening economic relations.

abstract, added 11/15/2011


The role of multilateral diplomacy in the preparation of the all-European meeting. The main stages in the evolution of the OSCE and its mechanisms of multilateral diplomacy. CSCE Multilateral Diplomacy Forums in Overcoming the Cold War. The composition of the organization as the uniqueness of the OSCE.

term paper, added 04/25/2015


Study of political relations between the states of Western Europe during the Middle Ages. Analysis of the problem of border stability. The essence of power. The role of the religious factor in diplomacy. Study of methods of conducting international affairs.

thesis, added 11/10/2017


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. Cultural events: 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 of Ukraine with the European Union. Diplomatic relations between Russia and Ukraine.

abstract, added 08/07/2010


Negotiations as an instrument of diplomacy, a form 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. The 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 in Redefining Strategic Priorities. Expansion of NATO 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. Areas 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 this or that 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, for a long time was not recognized by the largest capitalist states - the United States, Britain, France, etc. After the failure of foreign intervention and until 1924, these states reckoned only with 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, May 31 - with China, August 4 - with Mexico, October 28 - with France, April 15, 1925 - with Japan, and only December 16, 1933 - with the USA).

The United States, Britain, France and the FRG pursued the same unrealistic policy of non-recognition until the 70s in relation to the peace-loving German state, the German Democratic Republic, even when this state was accepted by 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 the diplomatic 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 (agreman) of the government of the country where the ambassador (envoy) is appointed is requested. To this end, 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 information about his official activities, which are transmitted by diplomatic means in the form of a memo without any official registration of this document ( without official letterhead, number, date, etc.). Upon receipt of an agreman's request, the government of the state that was requested examines the request and, usually within 2-3 weeks, gives its answer. As a rule, consent is given to the appointment of an ambassador (envoy), whose candidacy is nominated by the government that appoints him, because it is generally recognized that the sovereign right of each state to appoint its own ambassador (envoy) to a particular country at its choice.

However, there are rare cases when the requested government considers it impossible for itself for some reason to agree to the appointment of a person as an ambassador (envoy) in their country. In these cases, they usually avoid giving an outright refusal to the requesting government, but prefer to delay the answer to this question in order to make it clear that the intended person (persona non grata) is undesirable for the government in question (persona non grata) for the post of ambassador (envoy). In these rare cases, the requesting government, while withdrawing the intended candidacy, 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 the candidate, which enjoys the confidence of the requesting government.

The formal request of an agreman is practiced, as a rule, only in relation to ambassadors and envoys, although some states require a request for consent to appoint military attachés at embassies (missions) as well. In most countries, however, only a formal notification of the appointment of a person to the post of military attaché is required in a note that simultaneously requests a visa for that person to enter the country of destination. It is not customary to seek the consent of the government for the appointment of other diplomatic employees of the embassy (mission). The fact that a visa is requested for each employee of the embassy (mission) to enter the country of destination gives the government of that country the formal right to reject this or that candidate by simply denying a visa, although this is extremely rare.

Diplomatic relations 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 establishing diplomatic relations is the recognition of this or that state and its government by another state. According to international law, there are two forms of state recognition: de facto and de jure.

De facto recognition is incomplete, that is, without 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 has a short-term character, it is called "ad hoc", literally - "for this", "for this case". In modern international practice, this form of relationship is used relatively rarely.

The most common form of recognition is de jure, or full diplomatic recognition. It provides for the establishment of documentation 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 formalize these agreements in writing:

By exchanging personal notes;

Preparation of a special agreement;

The publication by both parties of the respective agreed communiqué;

Through the exchange of letters, telegrams on this matter at a high level.

Specific negotiations on the establishment of diplomatic relations can be entrusted to, say, 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 in relation to Ukraine, a lot of work has been done by the Permanent Mission of Ukraine in UN). During such negotiations, an agreement is reached on the very fact of the establishment of diplomatic relations, the level of diplomatic missions, on the date of entry into force of the agreement reached, the form of the document that will fix this transaction, and the procedure and date for 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 Establishing Diplomatic Relations with Subject States of the Former USSR" of December 11, 1991, which expressed "Ukraine's readiness 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 non-invasion of existing borders between states, "and the Ministry of Foreign Affairs of Ukraine was instructed to" appeal to all the states-subjects of the former USSR with a proposal to establish diplomatic relations with them in full, 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 - December 5. In general, throughout December 1991 Ukraine was recognized by 66 states of the world). On January 23, 1992, a protocol was signed in Kiev on the establishment of diplomatic relations with France, 27 - with Portugal, 29 - with Italy, 26 - a joint communiqué on ARЄ, February 26 - an exchange of letters between the Ministers of Foreign Affairs of Ukraine and Finland.

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

THE WHITE HOUSE

Washington

Dear Mr. President,

Considering the historical changes that took place in your country and the end of the existence of the Union that linked 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 several months, including our meetings in Kiev and Washington, we have had a broad and constructive dialogue on issues 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 must ensure safe, responsible and reliable control of nuclear weapons under a single leadership. We congratulated your commitment to ensure the security and accelerated elimination of nuclear weapons on your territory and offered to help 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 for their production. We congratulated Ukraine's commitments to fully implement the Treaty on the Reduction of Offensive Arms (START) and Conventional Armed Vultures in Europe (ACE), to join the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) as a nuclear-free state, and to agree to all guarantees of the International Atomic Energy Agency ( IAEA).

You also spoke about Ukraine's strong commitment to democratic values ​​and special commitments, which are contained in all NSSU agreements, including the Helsinki Treaty and the Charter of Paris. We congratulated 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.

Considering 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 regarding the ambassador to the United States. I look forward to your response with agreement to these agreements and the next development of cordial and productive relations between Ukraine and the United States of America.

Yours sincerely, (signed) George W. Bush

His Excellency President of Ukraine Leonid Kravchuk Kiev

Dear Mr. President,

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

We have received with special gratitude your proposal to establish diplomatic relations between our states in full.

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

Ukraine and the United States of America have come to 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 agree to host a plenipotentiary delegation headed by the Deputy Secretary of State Mr. Reginald Bartholomew in Kiev at the latest. I hope that during this visit we will have the opportunity to discuss ways to practically resolve the important disarmament issues that you mention in your letter of December 28, 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.

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

With deep respect, (signed) Leonid Kravchuk

His Excellency

Mr George W. Bush

To the 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.

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

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 good wishes to you. I look forward to my visit to Kiev on January 19.

(signed) Douglas Hard

His Excellency Douglas Hard

Minister of Foreign Affairs and Commonwealth Affairs

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

I would like to express my highest respect and best wishes to you. I look forward to your visit to Kiev on January 19.

3 best regards, (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.

Wishing 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 as soon as 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 April 18, 1961 and the Convention on Consular Relations of April 24, 1963.

If the Government of Ukraine agrees with the above, I have the honor to suggest that this letter and Your Excellency's positive response to it are an agreement between our Governments on this matter. The agreement will enter into force from the date of 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 the receipt of your pistol and, on behalf of the Government of Ukraine, to express my agreement that, as noted in it, Ukraine and Finland

The Republic, by virtue of developing 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, will 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 will enter into force on the date of exchange of these letters.

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

Anatoly Zlenko, Minister of Foreign Affairs of Ukraine

His Excellency Mr. Paavo Väyrynen

To the Minister of Foreign Affairs of the Republic of Finland

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

When establishing diplomatic missions, states must assist each other in acquiring (or hiring) on ​​their territory, in accordance with their laws, premises necessary for missions that would meet the requirements for such institutions (location (preferably in the central part of the capital), taking into account safety, appearance of the premises, etc.), and 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 Kiev. Optimists in Ukraine cherished hopes that Russia, to which the multi-billion dollar (in dollars) foreign property of the former Union was transferred, in accordance with the agreement at the highest level, would share with the new states, including Ukraine, a part of foreign property to accommodate their foreign representations. 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, or any of the post-Soviet states (except perhaps to Belarus), 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 impudently, in a semi-legal way not to obtain, but to take away the premises from the "brothers", but it has not been formalized by any legal act. In some countries with clear legal regulation, we allegedly rely on the re-registration of the Union's ownership of the property of Russia, but this practically yields nothing.

In some countries, for example, Canada and the United States, the Ukrainian diaspora helped us with the location of Ukrainian representations, with some countries (China, Uzbekistan, Turkmenistan) they exchanged premises on a reciprocal basis, but the absolute majority (more than 40 premises) were purchased or built with Ukrainian money. ...

It was also difficult with the location of foreign missions in Kiev, 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 also slowly coping with this problem, maybe not as we would like, but at a more or less decent level. Germany, for example, has built its premises for an embassy, ​​and other states are on this 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" , the impossible.

In 2005, 118 embassies, representations at international organizations and Consulates General of Ukraine operated abroad, and in Kiev - 93 diplomatic representations of foreign states and international organizations.

It should also be borne in mind that in the practice of international relations, there are cases when diplomatic relations stop or break. Diplomatic relations are severed, for example, as a result of a war, armed aggression against a sovereign state, a military coup (rebellion), or when one of the partners changes its state status (part of another state or federation). The severance of diplomatic relations is accompanied by a complete cessation of contacts between states, the recall 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 the diplomatic mission and organizing the departure of personnel are resolved. The head of the diplomatic mission also terminates his functions in such cases: if he is dismissed from his post and receives another appointment; if the host government considers him persona non grata, in case of death.

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

Permanent organs- embassies and missions, representations 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, of:

a) the mission 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) clarification by all legal means of conditions and events in the receiving state and notifying about them to the government of the sending state;

e) encouragement of friendly relations between the accrediting state and the host state and in the development of their relations in the field of economics, culture and science. "

The practice of diplomatic relations has developed a certain procedure for appointing heads of diplomatic missions, which was, again, enshrined in the Vienna Convention (Article 4): in this state. " So, before the appointment of the head of the representative office, the accrediting party submits an agreman's request for the candidacy that they intend to appoint to this position.

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

1.Pidbir candidacy of an ambassador or envoy.

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

4. Simultaneous (in both capitals) official announcement of the UZMІ about the appointment that took 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 should be accredited, a group (in the conditions of Ukraine it is 2, maximum 3 people) of diplomatic and administrative-technical workers is referred to prepare for the opening embassies. The diplomat brings with him the letters of the Minister of Foreign Affairs of his country addressed to the Minister of the host country, in which he asks to receive the specified diplomat as Charge d'Affaires, because before the arrival of the ambassador, he will act as the head of the diplomatic mission.

In 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, ​​and 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 state flag over the premises, reception on this occasion).

Agreman means the consent of the host country government 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 agreman for him can be submitted through the diplomatic representative of the sending state in the host country. This representative visits the Ministry of Foreign Affairs (at the level of a minister, secretary of state or his deputy) and verbally or in writing communicates his government's intention to appoint an ambassador and transmits a certificate of the person being proposed. In a certificate that is prepared on a regular sheet of paper (not on an official letterhead), the surname, name and patronymic, year of birth, education, official activity, marital status, knowledge of foreign languages ​​are reported. In some cases, the agreman can also be requested by sending a note verbale from the ministry (embassy).

It is especially important (and this is required by international practice) that the fact of requesting an agreman should be kept in complete secrecy, because the disclosure of such information, especially if a refusal to provide an agreman, 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 eager for a variety of sensational messages, and therefore they hunt for such information and spread 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 she does not fit, then it is considered an undesirable person, "persona non grata".

It is not customary to give a negative answer to an agreman's request in the form of an official document, because the very delay in the response, which, as a rule, is given after 10-14 days, or taking into account the principles of reciprocity, that is, how long was considered an agreman for their ambassador, can regarded as unwillingness to accept this candidacy, and she 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 response, 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 a temporary attorney, which is perceived as a deterioration in the level of relations between states. Taking into account this situation, the receiving party, as a rule, tries not to delay the answer. On the other hand, the accrediting party is trying to propose a diplomat who would not raise 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 when it comes to a political appointment (for example, the former Prime Minister of the Russian Federation V. Chernomyrdin, Minister of Foreign Affairs or another well-known political figure), may agree with them. even in a telephone conversation. But these are rather absolute exceptions than the rule.

There is no need to ask agreman for the appointment of a chargé d'affaires, and therefore when leaving the host country - temporarily or permanently - the head of the diplomatic mission sends a personal (and now often a verbal) note to the Ministry of Foreign Affairs and the heads of diplomatic missions, in which he announces his departure from the country and who will be the Charge 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 agreman, 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 credentials, which contains a request to "believe all that" that the ambassador will speak on behalf of the head of state and 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 expound 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

Shown by Boris Tarasyuk, Minister of Foreign Affairs of Ukraine Kiev

The credentials, where the ambassador is appointed concurrently, indicate: to appoint ...

Pan _______________________________

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

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

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

It is worth noting that if the speech of modern credentials and letters of recall is laconic and specific, then in the era of absolute monarchies and empires it was characterized by extreme pretentiousness and pompousness, especially with regard to the titles of monarchs. This was typical of the Russian tsars, who, with great care, listed their titles in relation to the lands they had seized, which made up almost half of the world. Here is the title of one of them (we quote in the original language to preserve its flavor): "By the grace of God, the Emperor and Autocrat of All Russia, Moscow, Kiev, 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 Est-Lian, Livonian, Courland and Semigalsk, Samogitsky, Belostok, Karelian, Tver, Yugorsky, Perm, Vyatka, Bulgarian and others and the Grand Duke of Novgorod, Nizovsky lands, Chernigov, Ryazan, Polotsky, Rostov, Yaroslavl, Belozersky, Udorsky, Obdorsky, Kondiysky, Vitebsky, Mstislav-lovsky and all Northern countries Sovereign; Sovereign Iversky, Kartala and Kabardian lands; Highland princes and other Hereditary Sovereign and Owner; Sovereign of Turkestan; Heir of Norway, Duke of Schleswig-Holstein nsky, Str - mansky, Hitmarsen and Oldenburg and so on, and so on, and so on. "

That's it, and no less! Therefore, even today these titles do not give rest to the great-power chauvinists, and they dream of a new "gathering of lands", no matter what slogans it may take: either "spheres of vital interests", or "a single economic (customs)" and "space", or just because they want to.

Theoretically, the arrival of the head of the diplomatic mission 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 quite commonplace. If the ambassador arrives by plane, then the director (or his deputies) of the Department of State Diplomatic Protocol of the Ministry of Foreign Affairs, the Chargé d'Affaires and the staff of the embassy will meet him at the airport or train station. If the ambassador comes with his wife, then the embassy staff also meet with the wives. At the ramp of the plane (carriage), the Chargé d'Affaires introduces the ambassador to the protocol director, who welcomes him and accompanies him to the honored guests' hall. Charge d'Affaires 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 this 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 to the diplomatic protocol and agrees on the first visit to the director of the protocol.

The newly arrived ambassador draws up his first visit to the Director of the Department of State Protocol of the Ministry of Foreign Affairs, who informs him about the peculiarities of the ceremony of presenting credentials, compiling mandatory visits to statesmen of the host country, preliminarily agreeing on the visit of the Minister of Foreign Affairs. The head of the diplomatic mission presents the director with copies of the text of his short speech during the presentation of credentials (if provided by the protocol), as well as a list of the 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 handed over copies of his credentials and letters of recall, the text of the speech and asks 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 ceremony, speeches are made by ambassadors very rarely. Prior to the presentation of credentials, the ambassador may schedule a visit to the doyєnu diplomatic corps to obtain additional information on local protocol practices. No other visits are made prior to the presentation of credentials.

The end of the ambassador's mission and his departure are also accompanied by a number of protocol events. After receiving an accreditation for the new ambassador, the 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 diplomatic corps doyun about it.

In some countries, there is a practice of drawing up farewell visits to a certain circle of officials: the head of state, government, minister of foreign affairs, and other officials. In most countries, ambassadors themselves determine whom they would like to visit with a farewell visit, and transfer the 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 departure of the ambassador, the Minister of Foreign Affairs or his deputy will host breakfast or lunch. A souvenir is presented to the ambassador on behalf of the minister. As a rule, doyenne also hosts a “glass of champagne” reception, where he exchanges 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 the official representatives of the host country, members of the diplomatic corps. On the day of his departure, he sends a note verbale to the Foreign Ministry, and to the heads of diplomatic missions - mostly personal notes, in which he informs about his departure and the appointment of a chargé d'affaires. At the airport (at the train station) the ambassador is seen off by the director (or deputy) of the State Protocol Department, embassy staff, and sometimes foreign ambassadors. If the ambassador leaves by road, then only the embassy staff will see him off. The director (deputy) of the state protocol department can call in to the residence to say goodbye, but this is not mandatory.

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

The 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 presentation ceremony takes place in this way: on a certain day, the director (deputy) of the Department of State Protocol touches the embassy (or residence) in a special car, where the ambassador takes him along with the embassy staff who will accompany the ambassador. The director invites the ambassador to the car with which they go to the residence of the head of state.

In many countries, the ceremony takes place with the participation of a guard of honor. In this case, upon arrival of the ambassador at the residence (palace) of the head of state, the orchestra sings 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 the high representative of the President's Office.

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

After that, the head of state introduces to the ambassador the persons accompanying him, and the ambassador - the members of the embassy's diplomatic staff who belong to his escort. At the end of the ceremony, the president gives the ambassador a so-called private audience (conversation with the ambassador), mostly HIV-na-vich. This conversation is often conducted by the head of state, and he also gives a sign that the audience is ending. There is a photograph of the ambassador with the head of state and accompanying persons from the embassy. This concludes the ceremony of presenting his credentials, which lasts 15 to 30 minutes, and the ambassador, accompanied by the director of the department, returns to the residence.

Following the presentation of credentials, some countries envisage the laying of wreaths at the most revered monument in the capital, such as 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, for example, a special ceremonial carriage arrives for an 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 it is) or national dress, which is typical for the ambassadors of Asian and African states and Scandinavia (Norway).

From the moment of the presentation of credentials, it is considered that the ambassador has officially entered upon his official duties in the host country. International diplomatic practice stipulates that immediately after the presentation of credentials (practically on the same day), the ambassador sends to the heads of diplomatic missions with the countries of which his state maintains diplomatic relations accredited in this country, personal notes, in which he informs about 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 whom it is desirable to visit is usually recommended by the Department of State Protocol, but can 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 a newly arrived ambassador should compose visit-responses, but this rule is now almost not observed. Moreover, the ambassadors of some countries, especially those who belong to the grandees of world politics, do not consider it necessary to arrange visits for their colleagues, limiting themselves only to a reception on the occasion of their arrival or not even doing this. In general, the reception on the occasion of the beginning of their diplomatic mission is arranged by ambassadors after the presentation of credentials or combined with a certain 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 drawing up visits by the wives of heads of diplomatic missions in different countries are different, it should be noted that this practice is gradually dying out - they are found, as a rule, at joint events and receptions.

Members of the diplomatic staff of the embassy do not need to receive an agreman; their appointment follows a simplified scheme. It is customary to inform the Foreign Ministry of the host country about the arrival or departure of members of the diplomatic personnel of the embassy by a note verbale (some diplomatic missions inform all embassies in the host country about this). In addition, they must first of all obtain entry visas to the countries of their destination, and the receiving party thus receives information about them and can express their attitude towards this appointment 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 future stay of the diplomat.

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 whom they replace in order to get a deeper and more specific acquaintance with the range of their duties. , establish contacts, exchange views on the specifics of future work. But this rule is optional. When diplomats leave, a small reception may be held at the embassy, ​​to which mainly those persons with whom the newly arrived diplomat will have to cooperate and maintain contacts are invited.