| Abstract [eng] |
This master's thesis covers the historical evolution of diplomatic immunities and shows how the theoretical basis for diplomatic immunities changed along the historical periods. These days the main source for diplomatic law and diplomatic immunities is the 1961 Vienna convention on diplomatic relations that is based not only on the dominant functional necessity theory, but also is influenced by the territorial representation theory. The thesis researches a few of the main and most vital diplomatic immunities: personal inviolability, immunity from criminal, civil and administrative jurisdiction. The research shows that diplomats in the Republic of Lithuania abuse most commonly abuse their personal inviolability and the immunity from administrative jurisdiction. Commonly occurring abuses of diplomatic immunities raise the question of compliance with the principle of functional necessity. Meanwhile in Lithuania, immunity of administrative jurisdiction requires a closer look by the legislator to ensure clear regulation. The author takes a deeper look into some of the most important privileges of diplomats: exemption of taxes, exemption from all duties of the receiving state, customs privileges and free movement within the receiving state. The analysis shows, that the implementation of the mentioned privileges is unclear and requires action of the legislator to ensure the compliance of laws and executive acts. Also, action of the legislator is required in ensuring the clear regulation of executive acts in the field of tax exemption and especially customs privileges, which are especially unclear. |
