THE ESSENCE OF THE TERM “FOREIGN DIPLOMATIC ESTABLISHMENT OF UKRAINE”: THE CORRELATION OF NAME AND MEANING

Abstract

The scientific article reveals the meaning and essence of the term "foreign diplomatic establishment of Ukraine", which is used in modern domestic legislation in the field of diplomatic and consular relations. A brief review of the evolution of the term "foreign diplomatic establishment of Ukraine" on the example of the Law of Ukraine "On Diplomatic Service" of 20.09.2001 (repealed on 19.12.2018) and the Law of Ukraine "On Diplomatic Service" of 07.06.2018 (valid today) was made. It was analysed that until 2018 the term "foreign diplomatic establishment of Ukraine" was used only to denote a generic concept that corresponded to the categories "diplomatic missions of Ukraine in other countries", "consulates of Ukraine in other countries" and "representation in international organizations". Based on the separation of the main features of foreign diplomatic missions of Ukraine, the author proposes to set out in the new version of Part 4 of Article 5 of the Law of Ukraine "On Diplomatic Service" of 07.06.2018, which is to replace the definition of "foreign diplomatic establishment of Ukraine". First of all, the proposed changes are related of a legislative innovation to provide for a new type of foreign diplomatic mission – the Embassy of Ukraine at the residence of the Extraordinary and Plenipotentiary Ambassador of Ukraine in Kyiv and violation of language rules. In addition, given the achievements of domestic legal science, the legislation base and experience of foreign countries raises the question of the unavailability of the use of the term "foreign diplomatic establishment of Ukraine" and proposes to replace it with the term "foreign diplomatic institutions of Ukraine". First of all, this is taken into account by the fact that in the theoretical and legal scientific and current legislation of Ukraine the category "establishment" and "state body" are not identical concepts, and from an inadmissible state body is called an establishment. In view of the above, the author concludes that it is necessary to further reform the legislation in the field of diplomatic and consular relations, in particular in the context of defining the conceptual and categorical apparatus.