Текст научной работы на тему Юридическая сущность защиты прав граждан консулом за границей

Аннотация

эта статья посвящена попыткам рас- крытия правовой сущности консульской защиты прав гражданин за рубежом. В работе автор приходит к вы- воду, что консульская защита занимает первостепен- ное значение в защите прав человека, находящегося за пределами своего государства в целом. Ключевые слова: правовая защита, консул, консульский функции, юридическая помощь, международный договор, консульская конвенция. The current stage of the development of the Republic of Uzbekistan distinguishes with its position in searching of new and new ways of necessary legal protection of citizen in all forms of conflict situations. One of these necessities is to protect the rights of citizens of the Republic of Uzbek- istan in abroad. Consular law, which has an ancient history, reflecting to the socio-political views of different ages and con- sciousness essence of events, is forming an adequate response to these events [1, 4-5-p.]. Nowadays, the de- velopment of consular law, enrichment it with new legal opinions, knowledge based on modern achievements of science is very important. With the globalization the con- sular protection of citizens in abroad acquires particular importance as it serves the entire wide spectrum of rela- tions with different countries. The more active develop- ment of relations, the larger and more intensive exchange of experience and human resources, the greater the bur- den placed on consular offices. Consular protection is a historically developed as a universal social and legal phe- nomenon. Consular protection has a dominant role in dip- lomatic relations between states. The degree of effective- ness of the state protection of the interests of its citizens in abroad determines the degree of people's trust in govern- ment and the state. Security of states depends on the vec- tor of foreign policy, economic, consular and other inter- ests of those states. It critically assesses the legal nature, content and effects in the domestic legal orders of the 70 2015 №4 ♦ ЎЗБЕКИСТОН ҚОНУНЧИЛИГИ ТАҲЛИЛИ ♦ UZBEK LAW REVIEW ♦ ОБЗОР ЗАКОНОДАТЕЛЬСТВА УЗБЕКИСТАНА ЎЗБЕКИСТОН ҚОНУНЧИЛИГИ ТАҲЛИЛИ ♦ UZBEK LAW REVIEW ♦ ОБЗОР ЗАКОНОДАТЕЛЬСТВА УЗБЕКИСТАНА least developed right recognized to the … citizen: the right outside the state contribute to the flexibility and efficiency to protection in abroad. of the consular service. According to the Vienna Convention of 1963 (Article 5), Thus, the logical chain of thought about the legal es- the main task of consuls is to defend in the receiving State sence of the functions of the consul on protection of the the interests of the state, its citizens and legal entities. In rights of citizens may be continued with the view that pro- studies of consular protection the great importance has tection of the rights defines the core of the whole consular the question of the place and role of international bilateral activity, which regulates the rights and interests of its citi- consular convention and the international treaties on legal zens in abroad. Providing consular protection of citizens' assistance and legal protection. The Republic of Uzbeki- rights in abroad complements and enhances the function stan signed bilateral agreements on legal assistance and of the state on protection the rights of its citizens. Within legal relations with 15 countries such as Turkey, Latvia, the limits of their rights, citizens are free in their actions, Georgia, Turkmenistan, Kirgizistan, Lithuania, Kazakh- and consul on behalf of the state is the guardian of that stan, Azerbaijan, China, Ukraine, India, Czech Republic, freedom. Thus, consular protection is not just a mechani- Korea, Bulgaria, Pakistan. Also, the Republic of Uzbeki- cal process, and the guarantee of human freedom. stan signed bilateral agreements on extradition with 7 One of the key priorities of the democratic renewal of countries such as China, India, Iran, Tajikistan, Pakistan, the country is consistent democratization, liberalization of Korea and Bulgaria. These agreements are the main judicial-legal system that promotes the rule of law, legality, source in the exercise of consular assistance to citizens, protection of the rights and interests of the individual, in facilitating their activities. short, - the formation of law and legal consciousness of At present time, 34 embassies (with their consular de- people. partments), 10 Consulates general (in Afghanistan, The complex of organizational and legal measures Greece, CSA, Novosibirsk, UAE, USA, Thailand, Turkey, aimed at the consistent strengthening of the judiciary, en- Germany and Shanghai) two Permanent missions of the suring the independence and autonomy of the court, turn- Republic of Uzbekistan operating in different countries. In ing it from an organ of repression and implements punitive addition, the Republic of Uzbekistan has its 11 Honorary apparatus in the past in a truly independent institution of Consuls in different countries of the world – such as the the state, desi