ПРАКТИКА ЗЛОВЖИВАННЯ ДИПЛОМАТИЧНИМИ ІМУНІТЕТАМИ

Abstract

The topical theoretical and practical aspects of the problem of the proper use of diplomatic privileges and immunities by diplomatic agents were considered in this paper. The nature of diplomatic immunity and its functional purpose were analyzed. The correlation between the duty to respect the laws and regulations of the receiving state and the freedom afforded to a diplomatic agent in connection with his immunities has been explored. It is substantiated why diplomatic immunities are not absolute. The ways of protection of the state from abuse by diplomats are considered in the article. Cases of violations by diplomats of the legislation of the receiving state are displayed in detail and the practice of resolving such situations at the international level is analyzed. In this regard, it is possible to trace the intentions of states in foreign relations and determine their priorities in favor of their citizens or to maintain bilateral partnerships. Attention is paid to the possibility of waiving immunity and the real consequences of such a waiver on the example of the incident with the Georgian diplomat Georgy Makharadze, who killed a woman under the influence of alcohol in 1997 in Washington. The authors also compared this case with a similar one, in which, however, the perpetrator remained unpunished usіng special diplomatic protection. The positive and negative aspects of diplomatic immunities are highlighted. The authors came to the conclusion that the system of diplomatic immunities needs to be reformed. Diplomats should have an additional form of protection, but due to significant changes in society, in most cases, diplomatic immunities only interfere with maintaining the social balance.