Legal problems of functioning of the institute of honorary consul in Ukraine

Problem setting. The Institute of Honorary Consul is intended to carry out its activities in order to expand the relations between States in a variety of spheres, as well as to establish, strengthen and maintain ties in the cultural, economic, political spheres. In view of this, we consider the Institute of Honorable Consul an important link in shaping relations between states, because in the process of globalization, this institute becomes more and more popular. However, we cannot but note the existing number of problems associated with the abuse of the Institute of Honorary Consulations and Immunities, therefore this topic needs further research and definition of ways to avoid such violations by representatives of the Institute of Honorary Consulations in Ukraine. Analysis of recent researches and publications. Problems of consular law Explore a number of scientists whose work is the information foundation of this work. In particular, this works Matyash I.B., Sandrovsky K.K., Blushchenko I.P., Krivachikova Y.S., Gumenyuk B.I., Polonyuk N.V., Timchenko L.D. and other. Target of research is to analyze the legal status of the Honorary Consul, to determine the privileges and immunities of the Honorary Consul, to note the volume of privileges and immunities that abuse honorary consuls and provide recommendations to avoid such violations. Article’s main body. This article exposes legal frameworks of functioning of institute of the honoured consul in Ukraine. A historical division into periods of becoming of institute of the honoured consulate is in-process remembered in Ukraine from the moment of founding the Hetman state. Determination of concept is in-process given the honoured consular public servant(honoured consul) according to Viennese Convention “About the consular relations” of 1963 and Order of foreign of Ukraine Ministry “About claim of Statute about the honoured(nonpermanent) consular public servants of the foreign states in Ukraine and consular establishments that is headed such public servants”. Authors light up the process of engaging in the candidate of position of the honoured consul of the foreign state in Ukraine, that includes: idea of query about a consent to setting in Ukraine of the honoured consul of the foreign state, grant of certificate about his person to Ministry of external matters of Ukraine(farther MFA of Ukraine), report of MFA of Ukraine of the accreditor state about made decision by the message of verbal note, delivery of patent the accreditor state about assigning for position, acceptance of patent of MFA of Ukraine, confession of legal status, receipt of exequatur and certification for confirmation of status of the honoured consul. In the article certain requirements are to the candidate on employment of position of the honoured consul in Ukraine, and also his privilege and імунітети, to that belong: right on establishment of free diplomatic зносин; right freely to move and travel for territories of Ukraine; inviolability of consular archive of the honoured consulate is at terms certain Order of MFA of 2007; In the article marked, that privileges and імунітети it it is been the subject of international relations by considerably narrower, than public servants of consulate : they do not have immunity from an arrest and subpoenaing, however to the honoured consul must belong with corresponding respect. By authors the row of legal problems of functioning of institute of the honoured consulate was certain at Ukraine, to that it was taken: abuse of privileges and імунітетами in part of right on carrying on commercial activity next to consular, that it can be used for the receipt of illegal benefit; inviolability of apartments – gives an opportunity to grow into a shield from searches for all building; to practise upon a right on the use of car with diplomatic numbers; to use diplomatic mail and consular suitcase not on purpose Conclusions and prospects for the development. As a result of a significant distribution of the institute of honorary consuls and despite limited, but rather significant privileges and immunities, honorary consuls may successfully implement their business interests. Examples of possible illegal use of the benefits provided in accordance with the legislation are given above. Therefore, in our opinion, in our opinion, it is expedient to exercise control over the movement of these persons and their activities from the BOW of the rights and accomplishments through the use of modern technical methods – the use of GPRS navigation, etc. And in order to facilitate the load on law enforcement agencies to create a Council of Honorary Consulations under the Ministry of Foreign Affairs of Ukraine. And more clearly regulate the legal status of honorary consuls, since recently the tendency to expand the circle of their functional duties and powers. In particular, to provide a separation of business from consular activities to minimize cases of abuse of certificates by its privileges and immunity.