FEATURES OF THE CONSULAR PROTECTION OF UKRAINIANS STAYINGIN THE RUSSIAN FEDERATION DURING THE PERIOD OF WAR

Abstract

The article analyzes the difference between the termination of diplomatic and consular relations, provides a legal assessment of these phenomena. The peculiarities of ensuring consular protection of the rights of Ukrainian citizens in Russia are considered. Clear differences in the understanding of the functions of consular institutions and what services they provide abroad have been revealed. Thus, on February 24, 2022, the Ministry of Foreign Affairs of Ukraine published an official statement on the severance of diplomatic relations with the Russian Federation. This decision was made after Russia recognized the independence of the self-proclaimed DPR and LPR, launched an armed invasion of Ukraine and seized Ukrainian territory by force and established occupation control. After all, the Russian offensive operation is an attack on the sovereignty and territorial integrity of Ukraine, a gross violation of the UN Charter and the fundamental norms and principles of international law. “Ukraine announces the severance of diplomatic relations with Russia without severing consular relations, in accordance with Article 2 of the 1963 Vienna Convention on Consular Relations. We will continue to protect the rights and interests of Ukrainians in Russia, including Ukrainian political prisoners”, added the agency. This means that in the event of a break in relations, both parties remain without bilateral communication in the diplomatic sphere, and Ukrainian and Russian diplomats cease their activities. In the future, diplomatic relations between countries take place through the mediation of third countries. Each state must ensure the unhindered and safe departure from its territory of diplomats of embassies and members of their families, as well as other persons enjoying the relevant immunity. There is also an obligation in the event of an armed conflict to ensure the protection of diplomatic institutions, the preservation of property and archives. Consular offices of Ukraine on the territory of the Russian Federation currently continue to work as usual. Examples of suspension of consular relations with the participation of other countries are given. Attention is focused on Russia’s disregard of the norms of international law and the obstruction of obtaining the necessary consular and legal assistance to Ukrainian citizens. It is proposed to cooperate with the Ombudsman of the Russian Federation and public human rights organizations on the territory of Russia in order to improve the protection of the legal rights and interests of Ukrainian citizens.