The Law of Ukraine
On Diplomatic Service
Date of Entry into Force:
October 24, 2001
The Law of Ukraine “On Diplomatic Service” (hereinafter referred to as “the Law”) defines legal grounds and procedure for organization of activity of diplomatic service of Ukraine as a component part of public service, as well as the peculiarities of legal status of public servants who do diplomatic service.
Basic principles of diplomatic service are as follows:
- service to the Ukrainian people;
- protection of Ukraine's national interests;
- priority of human rights and freedoms;
- democracy and legality;
- humanity and social justice;
- professionalism, competence, initiative, objectivity, honesty, devotion to cause;
- personal responsibility for fulfillment of official duties and observation of discipline.
Basic tasks of diplomatic service are:
- ensuring of national interests and safety of Ukraine by support of peaceful and mutually beneficial collaboration with the members of international community according to the universally recognized principles and norms of international law;
- conducting foreign policy course of Ukraine aimed at development of political, economic, humanitarian, scientific, other connections with other states and international organizations;
- protection of rights and interests of citizens and legal entities of Ukraine abroad;
- assistance to providing stability of international position of Ukraine, increase of its international authority, distribution in the world of Ukraine's image as a reliable and predictable partner;
- fulfillment of other tasks according to the legislation of Ukraine.
The system of bodies of diplomatic service consists of: the Ministry of Foreign Affairs of Ukraine, the representative offices of the Ministry of Foreign Affairs of Ukraine on the territory of Ukraine, foreign diplomatic establishments of Ukraine. The Ministry of Foreign Affairs of Ukraine is the central body of executive power, which provides pursuing foreign policy of the state and co-ordination of activity in the field of Ukraine's foreign relations.
Status, tasks and functions of the diplomatic representative office of Ukraine abroad, of permanent representative office of Ukraine at the international organization are determined by this Law and the Statute on the diplomatic representative office of Ukraine in other state, the Statute on the permanent representative office of Ukraine in the international organization, which is approved by the President of Ukraine. Status, tasks and functions of the consular post of Ukraine abroad are determined by this Law and the Consular Regulation, which is approved by the President of Ukraine.
Financial and material technical provision of the diplomatic service is performed at the expense of the State Budget of Ukraine.
Diplomatic service uses own telecommunications and courier service network. It has independent communications and archive. Originals and authentic copies of international agreements are stored in this archive.
The citizens of Ukraine, who have appropriate higher education, necessary professional and business skills, speak official and foreign languages and by the state of health can be sent to long-term business trips may be the diplomatic employees. The citizens of Ukraine, who have necessary professional and business skills, speak official and, as a rule, foreign languages and by the state a health can be sent to long-term business trips may be the administrative and technical employees of the diplomatic service. Acceptance to the diplomatic service is performed on a competitive basis, except for the cases when designation to the diplomatic positions is performed by the President of Ukraine. The citizens who are taken to the diplomatic service for the first time and did not do public service before shall swear the oath of public servants according to the Law of Ukraine "On Public service". During acceptance to the diplomatic service a probation period within six months may be set. Persons who do not pass probation period shall be dismissed from the diplomatic service.
The Minister of Foreign Affairs of Ukraine is designated for the post by the President of Ukraine upon submission of the Prime Minister of Ukraine and is dismissed from the post by the President of Ukraine. Ambassador Extraordinary and Plenipotentiary of Ukraine, Permanent Representative of Ukraine in the international organization are designated for the posts and dismissed from the posts by the President of Ukraine upon submission of the Minister of Foreign Affairs of Ukraine. The Decrees of the President of Ukraine as regards to these issues shall be signed by the Prime Minister of Ukraine and the Minister of Foreign Affairs of Ukraine. The Minister of Foreign Affairs of Ukraine forwards submission to the President of Ukraine as regards to candidates for the posts of Ambassador Extraordinary and Plenipotentiary of Ukraine, Permanent Representative of Ukraine in the international organization after the consultations in the Committee of the Verkhovna Rada of Ukraine for Foreign Affairs as regards to candidates for these posts.
The diplomatic service has personnel reserve, which is necessary for holding offices and personnel planning in the system of bodies of the diplomatic service.
For the diplomatic employees who work in foreign diplomatic establishments of Ukraine the following positions are set:
1) Ambassador Extraordinary and Plenipotentiary of Ukraine, Permanent Representative of Ukraine in the international organization;
2) Consul-General of Ukraine;
5) consul of Ukraine;
6) first secretary;
8) second secretary;
9) third secretary;
The employees of the diplomatic service may be sent to a long-term business trip taking into account their professional training and specialization. A long-term business trip of diplomatic employees lasts, as a rule, up to four years in the states with normal climatic conditions and stable political situation and up to three years in the states with heavy climatic conditions or difficult political situation.
Conditions necessary for studies and raise of skills in the appropriate educational establishments of Ukraine and abroad are created for the employees of diplomatic service. The Diplomatic Academy operates at the Ministry of Foreign Affairs of Ukraine. Status of the Academy is determined by the current legislation of Ukraine. The Statute of the Diplomatic Academy is approved by the Cabinet of Ministers of Ukraine.
The employees of the diplomatic service do not have the right to commit actions envisaged by the Law of Ukraine "On Straggle Against Corruption" and cannot take part in strikes and commit other actions, that prevent normal activity of the bodies of state power or break safety rules during stay on a long-term business trip.
The employees of diplomatic service bear disciplinary responsibility for non-fulfillment or improper fulfillment of official duties, excess of official plenary powers, violation of the limitations related to stay on diplomatic service, as well as for acts, that disgrace them and discredit the body where they work.
The following disciplinary measures may apply to them:
- up to one year delay in conferment of the next diplomatic rank, rank of public servant or in designation for the higher post;
- forewarning of incomplete service conformity.
A number of provisions of the Law are devoted to the issues of material and social everyday provision of the employees of diplomatic service.
Maximum age of stay on diplomatic service is 60 years for men and 55 years for women. The term of stay on diplomatic service can be extended. Expedience of continuation, but no more than to reaching maximum age 65 years, is determined by the President of Ukraine in relation to the diplomatic employees whom he designates, and in relation to other employees of diplomatic service - according to the procedure determined by the Law of Ukraine "On Public Service".