名誉领事地位的法律规制基础

Nika Korelova
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引用次数: 0

摘要

全球化的趋势和国家间双边合作的发展决定了这一话题的相关性,这导致对名誉领事制度的呼吁越来越频繁,也需要对法律地位进行规范的定义,并将其纳入国家立法的统一标准。本文旨在揭示乌克兰荣誉领事法律地位的规范性规制特征的特殊性,突出分析乌克兰荣誉领事法律地位立法的不足,并为解决存在的法律不确定性提出建议。由于在各个层面上使用科学知识的方法,特别是辩证方法(识别和分析名誉领事地位的规范性规定的特点,实际应用中的差异,以及对现有制度进行更改的理由),比较法律方法(建立法律规范的内容并分析应用的实践),分析和综合的方法(强调共同决定名誉领事法律地位的方面和标准),观察法(强调其他国家的经验),以及一些传统的法理学方法,如:历史的,系统的和逻辑的。本文分析了我国现行立法中对名誉领事地位的界定,突出了立法者广泛使用的“突出地位”、“重要社会地位”、“积极参与政治生活”等“评价性概念”存在的问题,并分析了评价性概念的存在在实践中如何导致实际误用。所进行的研究得出的结论是,需要划定在确定名誉领事的法律地位时使用评价概念的限制,以及需要用标准补充现有的管理法令,这些标准将明确区分名誉领事应在不违反立法要求的情况下使用其权力的范围。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Fundamentals of Legal Regulation of the Status of Honorary Consuls
The relevance of this topic is determined by the trends of globalization and the development of bilateral cooperation between states, which leads to more and more frequent appeals to the institution of the honorary consul, as well as the need for a normative definition of legal status and bringing it to a uniform standard of national legislation. The purpose of the article is to reveal the peculiarities of the normative regulation features of the honorary consuls' legal status in Ukraine, highlight and analyze the legislation's shortcomings in this area, and provide proposals for resolving the existing legal uncertainty. Achieving the outlined purpose became possible thanks to the use complex of methods of scientific knowledge at various levels, in particular, the dialectical method (to identify and analyze the peculiarities of the normative regulation of the status of an honorary consul, differences in practical application, as well as the justification of introducing changes to the existing system), the comparative legal method (to establish the content of legal norms and analyze the practice of application), the method of analysis and synthesis (to highlight aspects and criteria that collectively determine the legal status of an honorary consul), the observation method (to highlight the experience of other countries), as well as a number of traditional for jurisprudence methods such as: historical, systematic and logical. The article analyzes the current legislation defining the status of honorary consuls, and highlights the problematic aspects of such "evaluative concepts" as "prominent position", "important social status" and "active participation in political life", which are widely used by the lawmaker, and also analyzes how in practice, the presence of evaluative concepts can lead to real misapplication. As a result of the conducted research, conclusions were formulated regarding the need to delineate the limits of the use of evaluative concepts in determining the legal status of an honorary consul, as well as the need to supplement existing regulatory acts with standards that would clearly distinguish the area within which honorary consuls should use their powers without violating the legislative requirements.
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