A diplomatic mission is a government agency headed by a diplomatic agent acting on behalf of the accredited state in the host country in order to establish and maintain diplomatic relations between the two states. This organization is called upon to resolve conflicts that arise, as a rule, only by peaceful means. The fundamental international document in accordance with which the status and functions of diplomatic missions, classes of diplomatic representatives are established, is Vienna Convention on Diplomatic Relations (1961).
Types of diplomatic missions
The classification of diplomatic missions is quite simple. They can only be created in two forms: mission or embassy. There are no significant differences between them, but most countries, including the Russian Federation, prefer the exchange of diplomatic representatives - ambassadors. Depending on this choice, classes of diplomatic representatives are also established. The embassy is headed by a plenipotentiary or extraordinary ambassador, the mission is led by a plenipotentiary or extraordinary envoy, or an attorney. At the present stage, states in most cases create their diplomatic missions in the embassy class.
The establishment of diplomatic relations begins with the adoption of a general agreement. For example, in 1995, the Russian Federation and South Africa considered a Joint Statement on the approval of full-scale diplomatic relations at the ambassadorial level.
Departments of diplomatic missions can be opened in cities. In 1995, a branch of the British Embassy was opened in Yekaterinburg with the consent of the Government of the Russian Federation.
In practice, states prefer to approve agreements between themselves in writing, namely: in notes, joint statements, and communiqués.
Classes of diplomatic representatives
The classes of diplomatic representatives include: ambassador, envoy and attorney.
The leadership of diplomatic representatives is divided into:
- Plenipotentiary and emergency ambassadors.
- Plenipotentiary and emergency envoys.
- Charge d'Affaires. In this case, the charge d'affaires should be distinguished from the charge d'affaires. The latter is a person who acts as the head of the mission only temporarily, in view of his leave, recall, illness, etc.
The classes of diplomatic representatives - ambassador, envoy, attorney - undergo mandatory accreditation. If the ambassador and envoy are accredited by the heads of state, then the attorney is attached to the foreign ministers.
The government of each state decides which class to assign to the head of the mission.
The ranks of the diplomatic representatives
Most states have the ranks of diplomatic representatives - these are special ranks that are assigned to employees. Like posts, they are approved by the laws of the respective country.
In Russia, such diplomatic ranks are envisaged as: extraordinary, plenipotentiary ambassador, plenipotentiary and extraordinary envoy of the first and second class; Advisor of the first and second class; first secretary of the first or second grade; second secretary of the first or second grade; third secretary; attache.
The president has the right to assign diplomatic ranks to envoys and ambassadors, to the Minister of Foreign Affairs - to everyone else. Employees of the diplomatic staff of Russia enlist in the Foreign Ministry.
The functions of diplomatic missions
The main functions of diplomatic missions in the host country include:
- protection of citizens and interests of the accrediting state;
- the establishment by legal means of the circumstances of the events and conditions of stay;
- state representation;
- negotiating with the government.
The procedure for the appointment and appointment of the head of mission
The accredited state, prior to the appointment of the head of the mission, requests the agreman (consent) from the leadership of the host country in relation to the specific employee candidacy. In case of refusal of the agrarian or absence of any answer, the head of the mission is not appointed. The state has the right not to comment and not to justify refusal.
That is, the head of the mission is approved only after receiving agreman. He is given a credential, which is a document sent to the authorities of the host country. It means that the chosen person will spell out the diplomatic will of the given state, therefore they are asked to “believe” him. Actually, the name "credential" came from here.
The heads of diplomatic missions in foreign states in the Russian Federation are appointed by the President, and the Minister of Foreign Affairs signs credentials.
One person may hold this position in two or more states, but provided that the parties have no objection to this. Most often, countries exchange diplomatic representatives of equal ranks.
Formation of the composition of the diplomatic mission
The internal structure, head and personnel of the diplomatic mission are approved by the legislative acts of the accrediting country.
At a diplomatic mission, staff consists of three groups of workers:
- diplomatic;
- administrative and technical;
- attendant.
The classes and ranks of diplomatic representatives are included in the first group of workers. These include envoys, ambassadors, advisers of the first and second class, attaches, special attaches (air force, military, etc.), sales representatives, first, second, third secretaries.
The totality of diplomatic representatives in the host country is the diplomatic corps, which is headed by the dean. As a rule, this position is occupied by a diplomatic representative, whose length of stay in the state is longer than the rest.
Administrative and technical personnel include persons performing administrative and technical maintenance of a representative office (clerks, referents, accountants, translators, etc.).
Attendants are employees who perform the functions of servicing a representative office and its employees (cooks, cleaners, gardeners, chauffeurs, etc.).
Members of the diplomatic staff can only be citizens of the sending state, while posts in the administrative, technical or service personnel are also entitled to occupy citizens of the host country.
Diplomatic Representation Service Privileges
Privileges are the special benefits and rights that are granted to representative offices and their employees. In addition, each employee is endowed with immunities. Immunity is the exclusion of representation from jurisdiction and any coercive action in the host country. All classes of diplomatic representatives in the service have immunity and privileges.
It is necessary to distinguish between the immunities and privileges of employees and the diplomatic missions themselves:
- the inviolability of buildings, land, premises, that is, immunity from arrest, searches or others;
- tax exemption at all levels of government, except for payment of bills for specific services rendered; all types of work performed, such as issuing visas, are also exempted from local taxes and duties;
- documents, archives, official correspondence, diplomatic mail become inviolable;
- employees have the right to freely move around the territory of the state in which the representative office is located;
- the person, private residence of diplomatic agents have the same protection;
- employees enjoy immunity from civil, criminal and other jurisdictions, except in certain cases.
Grounds for termination
A diplomatic mission completes its activity in the host country when the following circumstances occur:
- termination of existence as a state of the host country or accrediting state;
- severance of one of the parties or both of diplomatic relations;
- beginning between countries of hostilities.
The activities of each diplomatic agent in the host country can be terminated due to his withdrawal by the accrediting state or the announcement of his persona non grata, which means "unwanted person." This can happen due to the commission of actions that run counter to the official status (interference in the affairs of the state, espionage, etc.). In a situation where the head of the mission is revoked, the successor or the head of the host country or the foreign minister himself shall be given revocation letters. All classes of diplomatic representatives after the termination of the organization are subject to return to their state.
