Organization and functioning of foreign diplomatic institutions of Ukraine: theoretical and legal aspect

Abstract

The article analyses the current legislation of Ukraine in the regulation of the diplomatic service, primarily related on the organization and functioning of foreign diplomatic institutions of Ukraine. The author explores the main innovations in the field of diplomatic service, in particular in the context of changes in the conceptual and categorical apparatus, system and elements of the diplomatic service, approaches to the organization and functioning of foreign diplomatic institutions of Ukraine. In the process of thorough analysis of the legislation of Ukraine, certain shortcomings in the current Law of Ukraine «On Diplomatic Service» and the Regulations on Foreign Diplomatic Institutions of Ukraine were identified, which in the future may cause problems in the application of law. The current state of the network of foreign diplomatic institutions of Ukraine (embassies, consulates and missions to international organizations) and the prospects for further expansion of Ukraine’s diplomatic presence in the world is shown. Based on the norms of international agreements, legislative and by-laws of Ukraine are described the procedure for the establishment and placement of foreign diplomatic institutions in Ukraine, the procedure for appointing their heads and outlining the functions entrusted to foreign institutions of Ukraine. Attention is also focused on an interesting novelty of the Law of Ukraine «On Diplomatic Service» – the introduction of a new type of foreign diplomatic institution – the Embassy of Ukraine with the residence of the Ambassador Extraordinary and Plenipotentiary of Ukraine in Kyiv. Although this norm exists only in the theoretical plane and has not been implemented in practice, but the Minister for Foreign Affairs of Ukraine Dmytro Kuleba sees great new prospects in this. Based on the results of the study, were singled out the main directions in which the reform of foreign institutions of Ukraine is carried out, as well as the author’s vision of the possible reasons that led to this process was expressed. Key words: foreign diplomatic institutions of Ukraine, diplomatic service, embassies of Ukraine, Consulate of Ukraine, permanent mission to international organizations, mission to international organizations, missions of Ukraine to international organizations, Law of Ukraine «On Diplomatic Service».