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THEORETICAL-PRACTICAL LANDMARKS REGARDING THE DIPLOMATIC AND CONSULAR ACTIVITY OF THE REPUBLIC OF MOLDOVA
Budurina-Goreacii Carolina, State University of Moldova, Chisinau, Republic of Moldova
Cebotari Svetlana, State University of Moldova, Chisinau, Republic of Moldova
E-mail: svetlana.cebotari@mail.ru
Abstract. As a component of the state service, the diplomatic service is the professional activity carried out by the state authorities through its diplomatic representatives in order to promote foreign policy in accordance with the provisions of the Constitution, domestic laws and international treaties, as well as Vienna conventions on diplomatic and consular relations.
At the same time, it should be mentioned that the diplomatic service and diplomacy are different concepts, with distinct characteristics. Diplomacy is an organizational-political tool for promoting the foreign policy of the state; a wide range of tools, techniques and methods for achieving foreign policy objectives; the mechanism of interactions between sovereign states, based on the reciprocal exchange of diplomatic representatives; the establishment of international relations through negotiations, the method by which these relations are regulated and executed through ambassadors and envoys [1, p. 11-14].
The purpose of this article is to analyze the main theoretical-practical landmarks regarding the diplomatic and consular activity of The Republic of Moldova.
Key words: Republic of Moldova, diplomatic service, diplomatic and consular activity, the law on the diplomatic service.
In general, the diplomatic service is perceived as a fundamental instrument of diplomacy meant to ensure the interests of the state in the international arena and at the same time as a means of promoting the policy of interstate cooperation. In this sense, it is worth mentioning the vast experience of the French diplomat Jean Cambon inserted in the monograph entitled „ The Diplomat". In this work, the author analyzes various episodes in diplomatic practice and the history of diplomatic relations, using his own knowledge and practical skills. J. Cambon has long served as ambassador to Washington, Madrid and Berlin, and has taken part in negotiations on the settlement of the Spanish-American conflict. He also paid particular attention to the various aspects of the diplomatic service organization.
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The emergence and development of the diplomatic service of the Republic of Moldova has an interesting evolution, including various factual materials, based on a well-defined historical context, being closely related to the emergence and interaction of state institutions and the Moldovan people, as well as socio-political changes and economic-cultural processes, which took place in this country [6, p.11-13].
During its development, the diplomatic service of the Republic of Moldova managed to initiate and develop a well-cohesive structure, which includes the staff of the Ministry of Foreign Affairs, diplomatic and consular missions, offices and diplomatic representatives to international organizations [5, p.41-56].
The main objectives and activities of the diplomatic service of the Republic of Moldova are regulated by the legislation on the functioning of the diplomatic service, such as: the Constitution of the Republic of Moldova, the Law on Diplomatic Service, the Regulation of the Ministry of Foreign Affairs and European Integration (MFAEI), the Regulation on the activity of diplomatic missions [12], consular status, international agreements and treaties to which Moldova is part of.
The law on the diplomatic service establishes: its objectives and functions; principles of operation and material endowment of diplomatic institutions; staff structure, conditions of employment and recall from diplomatic posts; diplomatic degrees; the rights and obligations of persons employed in diplomatic posts; salaries and social guarantees. The adoption of this law in 2001 was an important step in the process of forming a professional diplomatic service in the Republic of Moldova, with a special legal status within the hierarchy of public service institutions [11]. (Parliament, Law No. 761 of 27.12.2001 on the diplomatic service. Published in the Official Monitor on the 02.02.2002).
In turn, the Regulation of the Ministry of Foreign Affairs and European Integration provides for the mandate, tasks and process of organizing the activity of the ministry [14]. (Government decision No. 697 of 30.08.2017 on the organization and functioning of the Ministry of Foreign Affairs and European Integration. Published in the Official Monitor on the 06.09.2017).
The Regulation on the activity of the diplomatic missions of the Republic of Moldova [12] regulates their place in the system of diplomatic service institutions, basic tasks, structure and organization of the functioning of diplomatic missions.
Another important normative act for the activity of the structures subordinated to the Ministry of Foreign Affairs and European Integration is the Consular Statute [13]. (Government decision No. 368 of28.03.2002 on the approval of the Consular Statute. Published in the Official Monitor on the 11.04.2002, Version in force from 16.12.11 based on the amendments by GD918 from 07.12.11, MO222-226 /16.12.11 art.1009). The consular statute establishes the activities of the consular offices, the consular functions, as well as delimits the status of honorary consuls.
Established in the early 1990s, the system of Moldovan diplomatic service institutions has undergone several essential stages of reorganization, conditioned by its adaptation to the realities of the time. It currently includes the following structures: MFAIE, with a central status in the hierarchical system of the diplomatic service and
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the external service (diplomatic missions, including permanent representations to international organizations, delegations and ad hoc missions; consular offices) [8, p.7-
The ministry is headed by the Minister of Foreign Affairs and European Integration - Mr. Nicu POPESCU, and four Secretaries of State: Vladimir CUC, Ruslan BOLBOCEAN; Eugeniu REVENCO, Veaceslav DOBiNDA.
The emergence and evolution of the Moldovan diplomatic service is the subject of research of several domains and fields of activity, such as historians, political experts, siociologists, and judicial specilists, who tried to make a thorough analysis of the training and development process as a special field of activity of the diplomatic service.
The Republic of Moldova declared its independence on August 27, 1991, and together with 14 other states, former republics of the USSR, became a full member of the international community. Then followed the internal procedure of „divorce" within the former USSR and the external procedure of „bilateral recognition" of it by other states and international organizations and, first of all, by the United Nations.
Becoming a subject of international law, the Republic of Moldova has begun the process of establishing diplomatic relations with other subjects of international law and, therefore, of creating its permanent diplomatic missions abroad. At the same time, the process of reorganizing the specialized state institutions began, because as a union republic, the Ministry of Foreign Affairs formally existed in the The Moldavian Soviet Socialist Republic (MSSR, 1940-1991), but its functions were limited to the so-called „friendly relations with the twin cities".
The establishment of the diplomatic service of the Republic of Moldova had an interesting history, but it was a difficult process. In the Republic of Moldova, during the formation of a new qualitative diplomatic service, there were no legal norms to allow the performance of foreign functions, no trained professional diplomatic staff, no work experience in the field of foreign relations, as well as a database on norms and principles of international law [10, p. 40-41]. Despite these problems and difficulties, at the beginning of the 1990s, the system of institutions of the diplomatic service of the Republic of Moldova was established. The legal basis of the diplomatic service is the Constitution of the Republic of Moldova, the international treaties - the Vienna Convention on Diplomatic Relations of 18 April 1961 and the Vienna Convention on Consular Relations of 24 April 1963, as well as other normative acts.
The activity of the diplomatic service of the Republic of Moldova is aimed at defending the sovereignty and independence of the state and fulfilling Article 11 (1), (2) of the Constitution which proclaims permanent neutrality and non-admission of deployment of military troops of other states on its territory [7]. This is the main direction of activity of the independent diplomatic service of Moldova during its time of independence.
The main feature of this activity is the promotion of the national interests of the Republic of Moldova as a neutral state, based on the experience of European countries such as Switzerland, Austria, Sweden, whose neutrality allows them to occupy a well-deserved place in international relations among developed countries from the
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economic point of view, regardless of the size of the territory, the number of the population, etc.
The diplomatic service of the Republic of Moldova is developing in a rather advanced legal-economic framework. However, there are still unresolved issues and tasks. The activity of the Moldovan diplomatic service takes place during the continuation of the process of consolidating the independence and sovereignty of the country, the fight for the restoration of the territorial integrity of the state, the peaceful settlement of the problems of the eastern districts and the removal of foreign military troops [2, p.15-17].
The current strategic goal of the Republic of Moldova is to join the European Union, and the achievement of its goals is impossible without a contemporary diplomatic service [10, p.41-42]. A concrete and special place in the European integration process is assigned to the Ministry of Foreign Affairs and the European Integration and the hierarchical system of the diplomatic service and external diplomatic structures (diplomatic missions, permanent representations to international organizations, ad hoc missions, consular bureaus, delegations, etc.) [16, p. 89-95].
The consular service is a part of the diplomatic service and includes the foreign institutions and subunits of the Central Apparatus of the Ministry of Foreign Affairs empowered to work in the consular field. The activity of the consular service is regulated by the Vienna Convention on Consular Relations of 1963, bilateral consular agreements and national law of the State. Most of the activity of the consular service belongs to its external bodies. Among the external bodies of the consular service we distinguish specialized institutions such as consular posts or institutions that, through the structure and context in which they carry out their activity, are able to perform consular functions (diplomatic missions) [15, 143-148]. They are divided into several classes, depending on their rank. Thus, we distinguish the following consular posts:
- Category I - general consulate;
- Category II - consulate;
- Category III - vice consulate;
- Category IV - consular agency.
The category and rank of the consular post shall be determined by the will of the sending State and shall be subject to the approval of the State of residence. By its nature, we distinguish between consular posts run by a career consular officer and consular posts run by an honorary consular officer.
The staff of the consular post includes the following categories: head of the consular post; consular officers; consular employees; members of the service staff.
The term of the „head of consular post" means the person in charge of acting in this capacity. The term „consular officers" means any person, including the head of the consular post, in charge of the exercise of consular functions. The term „consular employee" means any person employed in the administrative or technical services of a consular post. The term „member of service staff" means any person assigned to the domestic service of a consular post. The term „members" of the consular post means consular officers, consular employees and members of the service staff [4, p.78-85].
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In the Republic of Moldova, the activity of the consular service is performed by the Department of Consular Affairs of the Ministry of Foreign Affairs and European Integration, the consulates of the Republic of Moldova abroad and the diplomatic missions empowered with consular functions [9, p.33-37].
More specificaly, the activity of the consular service is carried out through the consulates of the Republic of Moldova abroad (Consulate of the Republic of Moldova in Frankfurt, Germany; Consulate of the Republic of Moldova in Bologna, Italy; Consulate of the Republic of Moldova in Istanbul, Turkey; Consulate of Moldova in Odessa, Ukraine) and diplomatic missions, accredited with consular functions (42 embassies). The activity of the consular representations of the Republic of Moldova abroad is regulated by the Government Decision on consular status [13] and other normative acts.
Currently, in the conditions of diversification of interstate relations, the role of the diplomatic service is indisputable. For this reason, it is necessary to coordinate the efforts of all states to improve and fully explore the services provided by the diplomatic service to achieve the highest interests: ensuring international peace and security, preventing and combating terrorism, defending human rights and freedoms.
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