Immunities and Privileges of the Diplomatic Mission and Its Staff, Problems of Implementation

The article deals with the problems of the implementation of the immunities and privileges of diplomatic missions and their personnel. The existing approaches to the definition of the concepts of "immunity" and "privileges" in the science of international law are analyzed. The purpose of the study is to identify existing gaps in the legal regulation of the immunities and privileges of the diplomatic mission and its staff. As a result of the study, the authors come to the conclusion that the Vienna Convention on Diplomatic Relations of 1961 regulates only the basic immunities and privileges necessary for diplomatic missions and their employees to perform the tasks assigned to them. In addition to the privileges and immunities specified in the Vienna Convention on Diplomatic Relations of 1961, there are still a large number of immunities and privileges granted to employees of diplomatic missions and mutual agreements of partner States, which give a broad interpretation of the provisions of the Vienna Convention on Diplomatic Relations of 1961. The authors of the study separately emphasize that the immunities and privileges of employees of diplomatic missions should be considered not as personal immunities given to them, but as immunities and privileges given to the accrediting State and extended to employees of its diplomatic missions. Confirmation of this theory is the fact that immunities and privileges do not apply to employees of diplomatic missions who are citizens of the host country or permanently residing in the host country.

immunities, privileges, diplomats, diplomatic service, diplomatic representation, embassy