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Goverdovskaya T.V., Perepelitsyn M.A. Reforming the Institute of Diplomatic Immunity

DOI: https://doi.org/10.15688/lc.jvolsu.2019.3.19

Tatyana V. Goverdovskaya, Candidate of Sciences (Jurisprudence), Associate Professor, Department of International Law, Astrakhan State University, Tatishcheva St., 20a, 414056 Astrakhan, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-6340-4764

Mikhail A. Perepelitsyn, Master’s Degree Student, Faculty of Law, Astrakhan State University, St. Tatishcheva, 20a, 414056 Astrakhan, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-9674-9424


Introduction: the paper carries out a legal analysis of the existing diplomatic immunities and privileges in international law. Currently the principle of immunity of a diplomat has serious problems in practical application. Despite the fact that the inviolability of diplomatic mission and diplomatic personnel is recognized and generally respected by all states, attacks, killings and terrorist acts against diplomats are not uncommon in modern international realities. These incidents define the issue and purpose of the study: to find ways of reforming the existing norms in international law governing the principle of inviolability of diplomatic personnel and their missions. The following methods of scientific knowledge were chosen as the methodological framework for the study: systematicity, analysis, historicism and modeling. Results: the cited facts of the violation of diplomatic immunity in the Caspian states prove the general tendency to ignore the basic principles and norms of diplomatic law, or irresponsible attitude towards it. Ensuring the security of all diplomatic missions and their personnel is a high-priority task for states to protect the inviolability of such institutions and individuals. Conclusions: the study identified the problems related to the failure of a host state to comply with the obligation to provide security measures for the mission and its personnel, which makes it necessary to put proposals on amending the existing international legal norms governing diplomatic immunities and privileges. It is necessary for the authorities of the host state to have access to the premises of the diplomatic mission in order to prevent diplomats from abusing their immunities. In turn, the accrediting state could be able to use its own law enforcement officers to protect its missions and their personnel.

Key words: diplomatic inviolability, diplomatic immunities and privileges, diplomatic agent, diplomatic representation, reform, the caspian states.

Citation. Goverdovskaya T.V., Perepelitsyn M.A. Reforming the Institute of Diplomatic Immunity. Legal Concept, 2019, vol. 18, no. 3, pp. 130-136. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.3.19

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