This article considers the consular protection of citizens and legal entities. In the context of modern integration processes (in particular, in the Euro-Asian area), special attention is paid to the legal regulation and protection of the rights of citizens and organizations whose states do not have embassies in a particular territory. The authors of the article used the following methods throughout their study: the logical method, system analysis, the method of comparative law, the historical method, the method of modeling, the method of referring to the conclusions of institutional economics and other sciences. The study determines preconditions for the implementation of diplomatic protection, without which this legal phenomenon cannot be realized or would be considered unlawful. The authors have concluded that the rules on consular assistance do not contain special preconditions for the implementation of this form of legal protection. Based on the general meaning and basic provisions of international law, including those constituting the legal basis of consular assistance, the authors define general conditions for providing consular assistance whose non-compliance or violation would make the above-mentioned type of assistance unlawful: only to the extent of the limits permitted by international law; with due regard to the legislation of the host state and the sending state; the commission of an internationally wrongful act by a foreign state and the exhaustion of local means of legal defense are not mandatory conditions for implementing consular assistance; consular assistance is provided to citizens and organizations of the sending state only with the consent of the individual or organization or due to no objection.
Volume 12 | 03-Special Issue
Pages: 1231-1237
DOI: 10.5373/JARDCS/V12SP3/20201371