If the terms of these agreements are violated, diplomatic mail may be delayed and even opened.

Powers (credentials for ambassadors and envoys accredited to the head of state; credentials for trustees in cases accredited to the head of the foreign ministry) are executed in accordance with the rules adopted in the issuing country, but they must have a number of mandatory details : indication of the body that appointed the head of the mission, the country of destination, etc.

The other members of the diplomatic staff are not requested by the agreman, and after their appointment and arrival in the country they are considered to have taken up their duties from the moment of notification of the competent authority (usually the Ministry of Foreign Affairs) of the host state.

With regard to military attaches, many states follow the practice, which is, in fact, a kind of request for an agreement.

Termination of a diplomatic mission can occur when states cease to maintain official relations without breaking them, in the severance of diplomatic relations, in armed conflict, the disappearance of one of the parties as a subject of international law (for example, by merging with another state), and sometimes in a social revolution in one of the supportive relations or states even simply at unconstitutional change of the government.

The functions of a member of diplomatic staff may be terminated due to his recall for one reason or another, declaring his persona non grata (undesirable person), in the case of so-called nonsense, ie declaring a diplomat a private person, or refusing to perform his duties.

Diplomatic Corps

In a narrow sense, a diplomatic corps is a set of heads of foreign diplomatic missions accredited in a given state. Diplomatic corps in a broad sense – a set of members of the diplomatic staff of foreign diplomatic missions in the country and members of their families.

The existence of the concept of diplomatic corps in the first sense is due to reasons of a protocol nature; a doyen (foreman, elder) among the heads of all foreign diplomatic missions is considered, according to 123helpme.me custom, the senior in class and time of stay in the country (in some countries – the papal nuncio).

The concept of the diplomatic corps in the second sense is understood by the need to establish a circle of persons entitled to claim diplomatic immunity and privilege.

Immunities and privileges of the diplomatic mission and its staff

Employees of the diplomatic mission enjoy certain immunities (exclusions from the jurisdiction of the host state) and privileges, ie benefits, advantages that are not granted to ordinary foreigners. Full immunities and privileges are granted to members of the diplomatic staff and members of their families. It is their immunities and privileges that are diplomatic in the true sense of the word.

Immunities and privileges are granted not for personal gain, but in order to create the most favorable conditions for the exercise of the function of diplomatic mission. In addition, their legal nature is governed by the fact that one sovereign state cannot submit to the authority of another, and the diplomatic mission and its diplomatic staff represent the state.

In the 1961 Vienna Convention, diplomatic immunities and privileges are divided into the immunities and privileges of diplomatic missions and the personal immunities and privileges of members of the diplomatic staff and their families.

The first category includes: inviolability of the premises of the diplomatic mission, immunity of property and means of transportation, correspondence and archives; fiscal immunity; the right to unimpeded communication of the mission with its center and other missions of its state; customs privileges; protocol privileges.

The second category includes: inviolability of person, home; full immunity from the criminal jurisdiction of the receiving State, as well as from civil and administrative jurisdiction in respect of enforcement actions; fiscal immunity; customs privileges; exemption from personal duties. Three seizures are allowed: you can file a lawsuit over real estate owned by a diplomat or a member of his family, a lawsuit in a succession case in which these persons act as heirs, etc., as well as a lawsuit over professional or commercial activities that they engage in for personal gain.

Diplomatic staff shall have the right to move freely within the territory of the receiving State, subject to the rules on closed areas, if any. The notification procedure for the movement of diplomats, which exists in a number of countries, does not contradict the above rule.

One of the most common types of communication between a diplomatic mission and its center and other missions of its state is diplomatic mail. The 1961 Vienna Convention provides for the delivery of diplomatic mail by diplomatic couriers (regular and ad hoc) and by courier (with the assistance of the commander of an aircraft that does not enjoy the rights of a diplomatic courier). In practice, courier delivery is also carried out with the assistance of the ship’s captain and on the basis of agreements between the States concerned through the usual channels of communication (post offices). In all cases except the latter, diplomatic mail shall enjoy absolute immunity and shall not be limited by weight or number of seats. If the terms of these agreements are violated, diplomatic mail may be delayed and even opened.

The inviolability of the person of a diplomatic official and members of his family implies an increased responsibility of the receiving state for its provision. On December 14, 1973, the UN General Assembly adopted the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (Russia).

 The Convention emphasizes that the persons concerned have the right to special protection, and that the sending State itself is responsible for the conduct of the persons enjoying diplomatic immunity.

Customs privileges in respect of diplomatic baggage are based primarily on the fact that it is not subject to customs duties, etc., except for warehousing fees, which can be considered as payment for specific services. However, baggage addressed to a diplomatic mission or diplomat of a member of his family shall be admitted on general grounds, with inspection.

The personal baggage of a diplomat or employee of a member of his family shall enjoy inviolability. However, the Vienna Convention of 1961 stipulates that he may be cared for in the presence of the person concerned or his representative, if there are serious grounds to believe that it contains items prohibited before or on importation. Practice has clarified this provision:

if a decision is made to inspect, but nothing prohibited prior to or importation is found, the diplomat has grounds to protest the violation of the inviolability of his personal luggage, because the inspecting authorities could not prove that they this is a serious reason.

Currently, in most countries, airlines, citing the need to ensure the safety of civil aviation, inspect the luggage of diplomats and members of their families, as well as their personal inspection.

It should be noted that a family member of a diplomat who is a citizen of the host state does not enjoy diplomatic immunities and privileges.

Duties of the diplomatic mission and its staff vis-à-vis the receiving State

The 1961 Vienna Convention defines the two main responsibilities of a diplomatic mission to the host state: to use its premises only for official purposes and to conduct all official relations with the host state through a foreign ministry and other agencies with which an agreement is reached.

The duties of the staff of a diplomatic mission are to respect the laws and regulations of the receiving State and not to interfere in its internal affairs. A diplomat is prohibited from engaging in professional and commercial activities in the host country for personal gain.

Diplomatic law of special missions

Special missions of a diplomatic nature may vary in level, as noted in the 1969 Convention on Special Missions, which sets out the international order in the field. Its rules apply mainly to missions sent by one state to another with the consent of the latter to consider certain or specific tasks. However, Art. 6 of the Convention extends its scope slightly, extending its rules to special missions that may be sent to a State by two or more States to consider a matter of common interest.

In Art. Article 21 of the Convention stipulates that the head of state heading a special mission, as well as the head of government, the Minister of Foreign Affairs and other high-ranking persons participating in a special mission, shall enjoy in the host or third State the privileges and immunities recognized by them internationally. right. In practice, the Convention leaves the regulation of international relations arising in connection with the departure of these persons in special missions, in the international order.

The international order does not define clear boundaries of immunities and privileges of heads of state and other high-ranking persons who are members of special missions headed by them. The specification of relevant issues, especially in the protocol area, is carried out by agreement between stakeholders.

It can be stated, however, that these persons in such situations have almost complete immunity not only from criminal, but also from civil and administrative jurisdiction.

Customs privileges are also, in practice, granted to these persons in full, although it is still debatable whether this is done on the basis of international or courtesy.

In cases where special missions of a diplomatic nature do not include high-ranking officials, the status of these missions is in principle similar to that of the relevant categories of staff of the diplomatic mission.

Of course, the functions of the special mission, its composition, immunities and privileges are related to the tasks set before it.