Стратегічна панорама (Dec 2019)
DIPLOMATIC IMMUNITY AS A TOOL RESEARCH BODIES FOREIGN COUNTRY SERVICES
Abstract
The article describes the tools that allow diplomats to participate in the intelligence activity in the host country; main forms of such work are considered; key concepts are defined that collectively clarify and specify the main provisions used in diplomatic work. Specific examples show the specific nature of unacceptable illegitimate diplomatic activity, which enables certain foreigners who enjoy diplomatic immunity to conduct intelligence activities and take measures that may be incompatible with diplomatic activity in the host country. This situation becomes especially acute in the conditions of armed aggression against our country. It is noted that in the process of exercising these functions, the diplomats of the aggressor country get the opportunity to support the destructive opposition in the territory of Ukraine, to select agents of influence, to carry out other intelligence activities in our country. The notion of intelligence activity as a kind of foreign policy activity of the state, which is secretly carried out by a system of special services and affiliated organizations using specific means and forces, forms and methods in the interest of achieving certain interests, as well as diplomatic immunity, as release from criminal or administrative the civilian jurisdiction of diplomatic missions and person shaving a diplomatic status in the host countries solely for the effective performance of their duties on them tasks. Therefore, personal (ratione personae) and functional (ratione materiae) immunity should be distinguished, which should extend to government officials. It is determined that diplomatic immunity is regulated not only by a set of international conventions but also by a system of national legalacts; it is proved that modern in ternationall awprovides certain opportunities for conducting intelligence work under diplomatic cover in the host country.
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