Особенности перемещения дипломатическими представителями оружия через таможенные границы на примере США и России

Abstract

Currently, there are no uniform, internationally standardized rules for the importation of weapons by diplomats into the territory of the receiving state. Since a significant number of issues concerning the legal status of diplomats are determined domestically by each state independently, the problem of the lack of a uniform practice of bringing diplomatic employees to the responsibility for the prohibited items importation arises. The paper presents a study of the problems of the admissibility of the firearms importation into the territory of a foreign state by certain categories of inviolable persons. The authors focus attention on various approaches to understanding the essence of state sovereignty. The paper considers the experience of foreign states in regulating the procedure for importing, storing and carrying weapons by foreign citizens. Particular attention is paid to legal regulation in the territory of the United States, where, despite the pure and simple weapon import ban for private citizens, in the case of the weapon import by security guards of diplomatic missions, an exception with prior approval is possible. The paper provides the information on the legal regulation of this issue within the territory of the Russian Federation. The provisions of the Federal Law “On Weapons” are analyzed, according to which foreign citizens, including diplomatic representatives, do not have the right to store, carry and use firearms in the territory of the Russian Federation on a long-term basis. The authors formulate the conclusion about the necessity of supplementing the Vienna Convention of 1961 with a provision on the procedure for the movement of firearms across customs borders for heads of diplomatic missions and consular institutions, members of the diplomatic staff of diplomatic missions, consular officials, as well as members of their families.