6. Право внешних сношений. Консульские функции. Консульский иммунитет.

The Vienna Convention on Consular Relations of 1963 is an international treaty that defines a framework for consular relations between independent countries. Parties : 172

Consular functions

• protecting in the receiving State the interests of the sending State and of its nationals

• furthering the development of commercial, economic, cultural and scientific relations

• ascertaining by all lawful means conditions and developments in the commercial, economic,

cultural and scientific life of the receiving State,

• issuing passports and travel documents to nationals of the sending State, and visas or appropriate documents to persons wishing to travel to the sending State;

• subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for nationals of the sending State before the tribunals and other authorities of the receiving State, issuing and renewing passports and other official documents

• reporting births, deaths, marriages, divorces, adoptions etc. that have taken place abroad to the authorities in their home country.

• social security for their citizens, military matters concerning conscripts living abroad

• issuing entry visas for foreigners and notifying them of conditions for rights of entry,

residence and work

• responsibility for their citizens in prison, monitoring court proceedings to ensure they follow the rule of law and helping in financial and other emergencies.

The exequatur

1.The head of a consular post is admitted to the exercise of his functions by an authorization from the receiving State termed an exequatur, whatever the form of this authorization.

Article 23. The host nation may at any time and for any reason declare a particular member of the consular staff to be persona non grata. The sending state must recall this person within a reasonable period of time, or otherwise this person may lose their consular immunity.

A 31. The host nation may not enter the consular premises, and must protect the premises from intrusion or damage.

A 35. Freedom of communication between the consul and their home country must be preserved. A consular bag must never be opened. A consular courier must never be detained.

A 36. Foreign nationals who are arrested or detained be given notice "without delay" of their right to have their embassy or consulate notified of that arrest.

Career consuls are civil servants of the sending country, whereas honorary consuls are personalities of high esteem, usually citizens or permanent inhabitants of the host country, who undertake to safeguard the interests of the sending country as well as to further the development of commercial, economic, cultural and scientific relations between the sending state and the host state using their own financial resources and network of acquaintances.

The honorary consuls are named among the persons who hold important functions in the resident State – politicians, economists, personalities in the finance, banking, culture field, famous lawyers – with financial independency and with a behavior according to the held function, persons that can contribute in the promotion of interests, in developing the relations with the resident State.

Most honorary consuls are appointed by the president of their sending state, rather than the minister of foreign relations as is the case with standard consuls.

Сonsular officers are not accorded absolute immunity from a host country’s criminal jurisdiction and are immune from local jurisdiction only in cases directly relating to consular functions.

Inviolability of the consular premises

Exemption from taxation of consular premises

Inviolability of the consular archives and documents

Freedom of movement

Freedom of communication

Personal inviolability of consular officers

1.Consular officers shall not be liable to arrest or detention pending trial, except in the case of a

grave crime and pursuant to a decision by the competent judicial authority.

Liability to give evidence

1.Members of a consular post may be called upon to attend as witnesses in the course of judicial

or administrative proceedings.

Exemption from taxation (same as diplomats)