Protocol of credentials in European countries: general and special

Authors

  • Okladnaya M. G. PhD in History, Associate Professor at the Department of Law of the European Union of Yaroslav Mudryi National Law University
  • Slivnaya V. А. International Law Faculty of Yaroslav Mudryi National Law University

DOI:

https://doi.org/10.37772/2309-9275-2020-2(15)-5

Abstract

Problem setting. The purpose of establishing diplomatic relations is to maintain constant relations between the countries at the highest diplomatic level. The main stages of establishing diplomatic relations are regulated by the Vienna Convention on Diplomatic Relations of April 18, 1961. At the same time, this document in many respects refers to the national law of countries. The presentation of credentials is the final action, after which diplomatic relations are considered established, and the powers of state representatives take effect. However, international law does not specify the specific form and procedure for the presentation of credentials, as it is up to the States to decide. Therefore, each state has its own practice of the presentation of credentials, which depends on its form of government, national characteristics, historical past. Therefore, it is relevant today to compare the protocols of credentials in the practice of different countries to determine the positive and negative aspects.

Target research. The aim of the work is to determine the main content of credentials in the process of establishing diplomatic relations, to study the practice of ceremonies of credentials on the example of Europe and Ukraine, to analyze existing problems in this area of international relations and solutions.

Analysis of recent research and publication. This topic is the basis of research in many works of recognized authors. Examples are theoretical works Sagaidak O.P. «Diplomatic protocol and etiquette», Tkacha D.I. «Diplomatic protocol in the Republic of Hungary: general, special», Tymoshenko N.L. «Features of diplomatic, business protocol and etiquette of the Netherlands», and other Ukrainian scholars. Also well-known works of foreign authors are the works of Ikanovich S. and Picarsky J. «Diplomatic Protocol and Good Manners», John Wood and Jean Serre «Diplomatic Ceremony and Protocol», Bennett Carol «Business Etiquette and Protocol».

Article’s main body. The establishment of diplomatic relations is aimed at the exchange of diplomatic missions between states. This process ends with the procedure of presenting credentials. Credentials are a document that officially certifies the status of a diplomatic representative of the accrediting state in the host state. This document is important in international law because it has a long history and represents the beginning of the official activities of the ambassador to the host country. Modern elements of the procedure of awarding credentials are common to many states. But each country today has its own characteristics of the ceremony of awarding credentials, which usually depends on its form of government. For example, monarchies (Netherlands, England) still have in their practice a lavish and pathetic conduct of diplomatic events. In contrast, іn today’s democracies (Hungary) the protocol of credentials is more modern and simplified due to the absence of outdated traditions and irrelevant measures. However, each country has both positive and negative aspects of the ceremony. Ukraine has little experience in diplomatic protocol since gaining independence in 1991. Today, national law effectively regulates the procedure for awarding credentials, but many provisions do not correspond to reality. Therefore, Ukraine must develop in this area of international relations on the basis of foreign experience.

Conclusions and prospect of development. Thus, the presentation of credentials plays an important role in regulating diplomatic relations between countries. The basis for this ceremony is the characteristics of the state, which includes the political regime, form of government, historical past, modern development, features of the national mentality. In our opinion, the process of universalization of the diplomatic protocol is a variant of development of this field of international relations. The appropriate direction of such development may be the unification of norms relating to the ceremony of awarding credentials, as international law is being actively improved and updated, as exemplified by European integration. As modern Ukraine continues to actively establish diplomatic relations with other countries and exchange diplomatic missions, it is necessary to streamline legislation and develop it on the example of the positive experience of European countries.

References

Sahaidak, O. P. (2017). Dyplomatychnyi protokol ta etyket. Kyiv: Znannia [in Ukrainian].

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Videnska konventsiia pro dyplomatychni znosyny: mizhnarodnyi dokument vid 18.04.1961 r. URL: https://zakon.rada.gov.ua/laws/show/995_048#top [in Ukrainian].

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Pro Derzhavnyi Protokol ta Tseremonial Ukrainy: Ukaz Prezydenta Ukrainy vid 22.08.2002 r. № 746/2002. URL: https://zakon.rada.gov.ua/laws/show/746/2002#top [in Ukrainian].

Published

2022-02-11

How to Cite

Окладна М. Г., & Сливна В. А. (2022). Protocol of credentials in European countries: general and special. Law and Innovation Society, (2 (15), 28–34. https://doi.org/10.37772/2309-9275-2020-2(15)-5

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Articles