I nternational meetings and conferences

1. Concept of an international conference

The history of international meetings and conferences goes into the past. In the 19th century international meetings were called congresses, for example, the Vienna congress, 1815, the Akhen congress, 1818, the Prague congress, 1856. They are instead of the term "congress" the names of "international conference", "international meeting" enter into the practice from the beginning of the 20th century: the Versailles conference, 1919, Conference of three Great Powers held during the Second World War, the Prague peace conference, the Geneva meeting of the Heads of governments of four Great Powers, having held in 1955, Meeting on security and co-operation in Europe in 1972-1975.

The international conferences and international meetings are convoked not only at the highest level - Heads of states and governments. Depending on the level of the realization of the conference, which is determined by importance of problems or degree of their readiness for discussion and settlement, the delegations at intergovernmental conferences are headed by the Heads of states and governments, ministers of foreign affairs or other official persons. It is important that in any case the heads of a delegation acts on behalf of a state or a government. Intergovernmental are the form of multilateral diplomacy and one of the main means of the international negotiation.

It is possible to divide international conferences, meetings, sessions into two kinds: the international conferences being the session body of international organizations and the international conferences having independent meaning and convoking on the given concrete problem. The first kind of the international conferences usually carries the special names. It is already known - the UN General Assembly and specialized branches. Such meetings work by sessions - at next or extraordinary sessions.

Now intergovernmental conferences are subdivided according to the circle of their participants - on an universal, in which any state has the right to take part - on a regional, which participants are the states of the certain region. The intergovernmental conferences are convoked by

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i nternational organizations or states - initiators. Depending on the purposes of convocation the intergovernmental conferences are divided into peace, political, diplomatic and special ones. The conferences are convoked for the purposes of preparation and acceptance of the international treaties, including charters of intergovernmental organizations, discussion of the certain international problems, exchange of opinions and information and also the development of recommendations in the form of declarations, programs and plans of actions.

2. Preparation and convocation of the international conferences

In each separate state the right on an offer to call international conference ot meeting belong to the bodies of external relations - Heads of a state and a government, minister of foreign affairs or diplomatic workers, specially representatives on display of the government initiative on convocation.

The group of states usually shows an initiative in the form of the offer contained in the communique' of meeting of the representatives of the given states. The offer on convocation of meeting of the representatives of All European countries on security and co-operation in Europe to the concrete form was formulated in the communique' of the countries members of the Warsaw pact and it is dispatched to the governments of European countries, the USA, Canada.

The preparation of a conference begins with definition of the purpose of its convocation and then the agenda is defined. The co-ordination of opinions of the states on the agenda of a conference, level of its representation, time and place of a realization, the rule of a procedure previously are carried out. The co-ordination of opinions of the states concerning convocation of a conference occurs by diplomatic channels or within the framework of special consultation.

The circle of the participants of a conference and the level of a representation is defined by the purposes, which are pursued by a conference. Usually at the convocation of a conference the interested states and the principle of continuity adhere principle of participation all. Some states direct their observers at a conference. These states do not wish to connect themselves by the decisions of conferences, bul are

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i nterested in discussed problems. Act of the observers can be only by the consent of the participants of a conference. The states, not participating in a conference, and the international organizations can present the points of view on various issues of the agenda as their contributions. Under the decision of a conference the contributions can be submitted as the statements of appropriate representatives or written messages.

Each state carries out large and various diplomatic works on preparation for the participation in a conference. The preparation is carried out through the bodies of external relations by realization of bilateral and multilateral consultations.

Complexity and diversity of tasks solved at modern conferences, the careful searches of an acceptability of the taken decisions, cause expediency of holding conferences in some stages. At the first stage the general tasks are defined. The second stage is removed on preparation of documents. At this stage breaks, for reception of additional instructions, advises, are possible. The third stage is acceptance of the documents. The level of a representation at conferences is determined by the character and the importance of examined problems.

3. Rule of procedure and order of acceptance of decisions

The rules of procedure represent the legal document, which concerns to the internal right of international organizations and conferences. Without the accepting of the rules of procedure at a conference its realization practically is impossible.

At holding of the UN conference the project of procedure is developed by the UN Secretariat. The norms of procedure rules of international conferences are subdivided into three groups. The first, group norm copied from the items of Rules of procedure of the UN General Assembly. The second - norms based on separate instructions of Rules of procedure the UN GA. The third group - developed by the UN Secretariat or by the conference itself and not having relations with the procedure rules of the UN GA. The procedure rules of the UN GA contain 163 items and five appendices and practically cover all parties of the UN activity and its auxiliary bodies.

After the final acceptance the rules of procedure by the organization

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t hey get final character - obligatory for observance by the participants of conferences.

The rules of the procedure regulate the certain aspects of work of conference: the order of the statement of an agenda; elections of managing bodies of a conference (chairman of a conference, his assistants, general lecturer); the order of formation of auxiliary committees both working groups and election of their chairmen; the order of formation and duty of the secretariat of a conference; establishments necessary quorum for the beginning of works; powers of the chairman and the sequence of delivering speeches; sequence of voting of procedural offers; the order of entering of proposals and amendments; the order of realization of voting; conditions of participation of observers, order of change of procedure rules.

The amendments to the document, which were taken out on voting, are put in the certain sequence. The amendments, at first and then offer are voted. The amendment considers the offer, which something adds to the initial offer or excludes some part or changes it. At the request of any delegation the amendment can be put on voting in parts (separate voting). If some parts of the offers are accepted by voting, it is necessary to put on voting as a whole. These rules of a procedure are used by states in tactical struggle for the acceptance of a document.

Languages, on which the work at the international conference is conducted, are subdivided to official and working ones. The rules of a procedure of international conferences usually provide that all diplomatic documents should be submitted by the participants of conferences for their distribution between all delegations, tiie protocols of sessions and final acts (resolutions, declarations, agreements) should be published in all official languages of a conference. In working languages the debate is conducted and the reports, the projects of documents are made.

The choice of a place and time of realization of a conference concerns to questions of the procedure and the organization of conferences. The requirements to a choice of a place of realization of a conference considerably have increased. The main requirement is high technical equipment of various modern services of a conference. Without presence of telex communications, computers automatic systems, installations

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f or synchronous translation, machines for voting it is impossible to supply effective realization of the international conference. Therefore for holding conferences the cities capable to satisfy all these requirements get out.

4. Delegation of states and bodies of conferences

The structure of a delegation is determined by the rules of procedure. The structure of delegations, invited by intergovernmental organizations, is defined by the Vienna convention on representation of states in their relations with the international organizations of universal character, 1975. Each delegation represents one state and has one vote.

The management of a conference gets out among the participants. The chairman of a conference is the representative of the state, on the territory of which a conference passes or the representative of the country - initiator. The principle of rotation quite often is applied, in which the heads of delegations of all participating states carry out the duty of a chairman by turn. At conferences, held within the framework of international organizations, the questions of chairmanship are solved with conformity with political reasons, established by traditions and saved experience.

At modern intergovernmental conferences the general committee is created. The chairman, the vice-chairman of a conference, general lecturer and officials of the main committees enter into its structure. The functions of the general committee consist in the help to the chairman in a general management of the work of a conference. The general committee has to promote increase of the result of a conference.

The secretariat consists of the Secretary-General and personnel for the service of a conference. At conferences, hold by states, Secretary-General is any official of the accepting party. The personnel of the secretariat are formed among the persons recommended by the accepting party. At conferences within the framework of intergovernmental organizations, the functions of a secretariat are carried out by the secretariat of the appropriate intergovernmental organization led by its Secretary-general or his representative.

By consideration of the procedure rules of the problem concerning the character of sessions is solved. At preliminary session or at the

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b eginning of a conference what there should be a session - open or closed is defined with. At the closed sessions there are only participants of a conference and at the open the representatives of a press and public are supposed. Frequently plenary sessions are open, and sessions of committees and commissions - closed.

The basic discussion takes place at plenary sessions being the supreme body of a conference and also at the sessions of committees. The committees have the right to create auxiliary working bodies, the projects of the documents of resolutions are brought at plenary sessions. The important tool of diplomatic work are the statement of the participants on separate situations of projects, order of conducting, on motives of voting to give the direction, necessary for this or that delegation, to a course of discussion.

The editorial commission is created, into which the experts of all representing languages of a conference enter for preparation of the texts of final documents.

5. International-legal acts of international conferences

The termination of international conference is made out by the final act (agreement) or protocol signed by all participants. There are other forms, for example, declarations, statements. Sometimes materials are transferred for the publication in a press.

On the results of intergovernmental conferences the acts of two kinds are issued: containing materials of the current work and summarizing materials. The protocols of sessions refer to the first group and documents of international-legal character (agreements, conventions) - to the second one.

The international treaties contain an introductory part containing the items of an information on the participants of a conference, about the aims and tasks; clauses about the obligations of the parties:, clause about validity and coming into force of the treaty (agreement); clause about the order of ratification, about a place and terms of an exchange by the ratification letters; the indication of the place both the date of signing and languages, in which the treaty {agreement) is made; the signatures and seals of the states.

The results of work of the successfully finished intergovernmental

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conference are expressed in the acts with various legal meaning and having the diversified name. The acts, which are aimed at creation of norms of international law, more often refer to conventions. The acts, which contain the recommendations to the states or intergovernmental organizations, are called as resolutions and declarations.

The diplomatic conferences are convoked for the conclusion of the multilateral conventions on various problems of the international co­operation in legal, social, economic, humanitarian and other areas. The results of negotiations during the international meetings and conferences can be fixed as the joint declaration signed by the participants of negotiations, in which in the general form, than in the treaties and agreements, the positions of the participant of negotiations are expressed and the arrangement on these or other questions is spoken about.

The modern international conferences quite often accept the various resolutions containing appeals, of^fers and recommendations, inverted to the states and the international organizations.

CONCEPTUAL BASES OF NEGOTIATION PROCESSES.

PLANNING, PREPARATION AND ORGANISATION

OF NEGOTIATIONS. METHODOLOGY OF

NEGOTIATION PROCESS

/. Conceptual bases of negotiation processes

The negotiation, as a way of the settlement of various problems, arising between states, was always major tool of diplomacy. The French state figure, diplomat, cardinal Reshel'e wrote that "the states take a lot of advantage from constant negotiations with other states in case it is conducted in balance... for the benefit of the state. It is necessary incessantly to negotiate openly or confidentially, and everywhere, even then, when from it is not expected of immediate advantage, and most likely there, where the future result can not be foreseen yet."

On the other hand, the necessity of the international negotiation is dictated by the appearance of disputed situations. One of means of the solution of conflicts is a negotiation. The negotiation can bring in result, if there is a common interest. In absence last, the negotiation loses any sense. There is a close connection between negotiation and diplomacy.

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" Diplomacy is determined as the realization of external policy of any country in negotiation with other countries". The bilateral negotiation is the traditional form of diplomatic activity.

At present negotiation processes in the world have accepted continuous character, Practically each day in the world the next sessions of international organizations are convoked or the meetings of the state figures of the various countries pass, with participation of the heads of states and governments. As you have already known, the negotiation of ambassadors with the government of the accredited country is one of functions of diplomatic representations. Here pertinently to mention the statement of the ancient Greek philosopher Dernosfen about that Ambassadors have no at their order neither battle ships, nor fortresses, their weapon is the word and having missed favorable opportunities Ambassadors may lose authority on events.

If the negotiation is carried out on some special matters at a state level of multilateral character, they refer to as meetings or conferences. Both these terms are equal. For example, the official Russian text of the final act of the Meeting on security and co-operation in Europe in English, Spanish, Italian, German and French languages is called as the final act of a conference.

In the past, if reigning personalities participated in negotiation, it was named as congress. Examples of this can served well known to you the Vienna congress, 1815, the Ahen congress, 1818, the Parisian congress, 1856 etc.

2, Planning, preparation of negotiation

In some cases negotiation can be caused by any events in the international life, necessity of the settlement of disputes or decision of other concrete issues, arising between states. The initiative in realization of such negotiation can be shown on the part of one or several states. This is observed obligatory conditions at which to participation in negotiation all interested states are invited. The degree of their participation can be various. This participation can be continuous at discussion of all items of an agenda, or partial, i.e. at discussion only of the question, which to some extent mentions the participant of negotiation. This condition follows from the conventional principle of

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e quality of states. Neglecting this it can put under the problem of the productivity of negotiation.

In each separate state the right in the offer to call the international conference belong to the bodies of external relations - head of a state, head of a government, minister of foreign affairs, also diplomatic workers, specially representatives in display of the initiative of convocation by the government.

The initiative of the convocation of international conferences can be shown by session bodies of the international organizations, such as the General Assembly, the Security Council etc. At convocation of session bodies of international organizations the questions on a circle of participants and the forms of participation are not raised. These questions are settled by the charter and the treaty of the appropriate international organizations.

The arrangement on the realization of negotiation requires the co­ordination of the agenda. The coordination of the agenda is carried out by diplomatic channels or the advisory meetings for consideration of points order are convoked.

At the coordination of the agenda it is necessary to remember that the questions following from the interstate relations should enter into it or those international problems, which mention their interests. The inclusion in the agenda the questions of internal competence of the state is inadmissible. It contradicts a major principle of international law - principle of non-interference in internal affairs of the state. At development of the agenda of the international conferences the interested countries always take into account prospects of the possible decision of the questions, which have been brought in the agenda.

The agenda is affirmed usually at the first officially opening session. At the first session the Secretary-General of a negotiation, structure of an editorial commission, order of statements and voting, the official languages of documents, the form of messages for press and contacts to it and other points of order are affirmed. The order of voting, also the problems on closed or open session of conferences are solved. The decision of all questions connected to maintenance of the normal work of a conference concerns functions of the Secretary-General. A major task is the work with the documentation of negotiation, its exact

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classification, duly duplication and distribution. Each their documents should have the index determining a category, to which it concerns (agenda, the statement of delegates, the protocols of sessions, communique¹ etc.)

The creation of the uniform standard order of preparation and realization of the international conferences has not crowned by success. Each time the participants of the international meetings establish the rules of procedure, rules.

For realization of negotiation each state determines the structure of a delegation and nominates its head. The structure of a delegation can include the advisers, experts and other employees. Besides that, each delegation creates its secretariat, under which there is the control of all materials, which carefully were prepared for negotiation (official documents, information, file of statements of the official figures of the country and also those countries, which delegations take part in a negotiation). Memorandums, the projects of international agreements, resolutions, and also programmed statements concern to the official documents assembled by the preparation for a conference. As far as the work of the secretariat of a delegation is important, such case testifies which took place at the meeting of ministers of foreign affairs of four powers: the USSR, the USA, Great Britain, France held in 1954. The delegations were accordingly headed by Molotov V.M., Dales D.F., Iden I. and Bido J.O.

States bring three categories of documents on the consideration of a conference. The first category reflects the position of a state - participant on a wide circle of international questions. The second group of documents is the projects of various international agreements or treaties, which are represented to a conference for negotiating on their basis. The third kind of documents prepared for a conference, - the projects of resolutions. Each state, offering the project of a resolution, tries to achieve its acceptance. In some cases one kinder of documents for a conference - information on the fulfillment of international treaties and agreements are prepared.

All preparatory work is coordinated by the ministry of foreign affairs. Taking into account the specificity of interests and approaches of various departments to problems, examined in a negotiation, the heads of

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d elegations attend various departments for the reception of necessary explanation and wishes.

Other important step of the preparation of an international conference is the coordination of positions of states, the development of joint documents, information interchange, multilateral and bilateral meetings and consultations. There is also Secretary-General other form of consultations.

Other important question is the choice of appropriate place for a negotiation.

3. Methodology of negotiation process

At the first session of the international conference the chairman or the principle of chairmanship is defined and also the secretary and basic bodies of a conference, if an arrangement is not achieved in the preparatory committee.

The technique of negotiating consists of three parts: discussion on agenda, the statement of a position and the acceptance of decisions.

The question on that it can be or it cannot be included in an agenda is extremely important and also renders influence on all subsequent course of a negotiation. Discussion on agenda - it is not simple question. Thus, it is very important, as the separate items of the agenda are formulated. For example, whether the speech will go about "the further progress of detente "or" about further steps on the liquidation of intensity", whether there will be the subject of discussion "a termination of discrimination "or" liquidation of all obstacles to trade". Each pair includes identical complexes of questions, however this or that formulation to a certain extent already predetermines, about what and in what direction there will be negotiation.

The negotiation begins with the first session of participants, when the person presiding opens it. Such right is given to the head of a delegation of the state, on which territory negotiation takes place. In other cases the question of presiding can be solved by the lot with the subsequent rotation under the alphabet or according to other arrangement. If the sessions are divided into evening and morning, accordingly its presiding varies.

The character of a negotiation can be various. One thing, when at

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t he negotiating table the adherents are sitting, who to some extent are interested in the decision of the discussed question. To coordinate positions, to find balance of interests and to reach the coordinated decision - the result of such meetings is obvious.

Other business, when at the negotiating tables the representatives of the opposite positions parties are sitting. In negotiation processes battles developed, at which to assume rapprochement of positions seems simply impossible. There are also other situations, when some participants bring in for discussion an original package of questions, where all of them are connected with each other, and in such a manner that the first question depends on the decision of the second, the last from the decision of the third. It, the third question cannot be solved without the decision of the first. To untie such package and to discuss each question separately requires the large patience, and mainly arts. From the party it can seem that negotiation came into impasse. In reality, all can take place in different way. The diplomatic protocol comes to an aid. During breaks between sessions the heads of delegations arrange breakfasts, dinners, suppers.

The factor of co-operation and trust between the states has paramount meaning. The trust grows as the participants of a negotiation show readiness to understand the argument of other party, directly and frankly speak about the problems and difficulties of acceptance of this or that offer.

The results of a negotiation depend on a set of the factors, namely, from a general background, on which it appears, from events, which unexpectedly can take place in the international life, from the relations between the state-participants at each stage of a negotiation, from the degree of readiness to reach an agreement and from many other factors. The basic quality of a diplomat the conducting of a negotiation, should be talent to negotiate and the conviction in correctness of that policy, in which realization he participates.

Negotiation processes are rather consuming, long wearisome process, lasting months, even some years. As an example again it is possible to demonstrate Meeting on security and co-operation in Europe. To keep calmness, persistently to achieve progress is possible only in the case, when process of negotiation is not in burden, when the treat

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s ides them creatively and receive internal satisfaction from participation in it.

The complexity and diversity of negotiation requires high competence. Usually experts of various directions participate in negotiation and the high competence is required from everyone. Especial role of the head of a delegation is responsible. Without good professional knowledge of a subject, examined in negotiation, successfully to supervise over a delegation to coordinate interests and sights of the experts is impossible.

Sitting down negotiating table, it is necessary to recognize that the partner is not the opponent in dispute and he is not the opponent. Ft is necessary to aspire to, that each of their participants of a negotiation should realize that only mutually advantageous agreement could be strong and reliable. Since the first days of the dialogue it is necessary to carry out an open line, frankly and is argued to explain the position, unbiased concerns to a position of the partner. It is necessary to recognize his lawful interests, to emphasize attention on conterminous interests and rules. Finding the weak points in the argument of the partner to specify probable alternatives of the decision of a question. It is desirable to avoid the application of a type: "your position is not acceptable to me at all".

Conditions of trust, frankness between the partners create favorable conditions for joint creative search of the decisions of difficult questions. As the Soviet diplomat Israelyan says that even within "the cold war" the honor relations with the partners helped to avoid public confrontation.

In modern situation the large help is the modern engineering. By preparation for a conference with the help of the computer it is possible to analyse probable positions of the partners, to count various variants, on which there can be negotiation. Probably at any stages it is necessary to make new searches, but here is business already behind diplomats: everything depends on their ability and experience. The negotiation is finished by the acceptance of coordinated documents: joint statement, declaration, and communique'. After the termination of negotiation their participants carry out a press - conference. It can be hold in common or each delegation separately,

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B ILATERAL AND MULTILATERAL NEGOTIATIONS

/. Bilateral negotiation

Foreign policy department of the various countries create its representations abroad for the development of co-operation on a bilateral basis. Any bilateral co-operation is based on the mutual interest of parties.

The bilateral negotiation is a traditional diplomatic activity. They are carried out at a level of the heads of states, the heads of governments, ministers of foreign affairs or specially authorised persons and delegations. As to the form of its realisation, it can pass as in oral form by representing of the personal meetings of participating persons, and in writing, by the exchange of messages, notes and other documents.

Besides personal participation of the representatives of states at conferences and meetings, there is diplomatic practice, which began to affirm meetings of top-level and working visits, exchange of opinions, conversation "without ties" etc.

Consultation occupies the special place among them, i.e. beforehand caused negotiation for discussions of those or other questions within the framework of the bilateral relations. Consultations allow in time to remove disagreements, arising between the parties, to develop coordinated positions.

During the first official visit of the President of the Republic of Kazakhstan to America in May, 1992 Kazakhstan and the USA again had returned to the problem of the nuclear weapon. The negotiation with the American party passed in a very difficult atmosphere. The Kazakhstan part firmly hold its former position, "...at first the security from the part of the Great Powers should be guaranteed and then there is refusal of all nuclear arms, which are in the territory of the Republic".

In 1993 the post of the US President was occupied by B. Clinton. The new administration again tried to sign the treaty on non-distribution of the nuclear weapon, nothing offering in exchange.

Why young the Republic of Kazakhstan, only having appeared on global arena, as the new sovereign state, so strongly asserted its positions in bilateral negotiation? The reliance of the position of the Republic of

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K azakhstan of the positive decision of this problem was explained by the fact, that the USA had strategic interest in our region.

Both parties came to concept, that the discussion was not enough within the framework of bilateral negotiation for the decision of this important problem.

The final decision of the main strategic task for Kazakhstan was achieved on multilateral negotiation at the level of the heads of states in 1994, only at the multilateral negotiation of the Budapest summit. (We'll talk about this summit in the section of multilateral negotiation a Jittle bit later more in detail).

Bilateral negotiation occupies the major means in the activity of the foreign policy representations of the Republic of Kazakhstan in realisation of the foreign policy aims. The interstate negotiation always passes in political aspect.

By preparation and realisation of international, interstate negotiation it is necessary to know the basic directions of the external policy of a country and its internal situation.

It is necessary to approach to negotiation in other different ways, depending on that as far as the problems of other state are close to ours or they are in opposite. From here there are priority of directions in bilateral co-operation.

As an example of the activity of the Embassy of the Republic of Kazakhstan to Hungary, we'll disassemble the negotiation process role in the establishment and development of Kazakhstan-Hungarian relations in the period of 1993-1995.

The embassy of the Republic of Kazakhstan to Hungary was opened in September 1993, Hungary, as well as other post socialist countries of the Central and the Easi Europe represented big interest for Kazakhstan. It was necessary to study the saved experience in democratization process of the society and the creation of new democratic institutes, the transformation of an economy on market bases, interaction of tliree branches of an authority and also the interaction of slate structures with regional bodies of local self-management.

Kazakhstan is interested in development of co-operation with Hungary for gradual integration in global community, for mutual support of the international initiatives in disarmament, the strengthening of

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i nternational security. Here pertinently to mention the statements of the German writer Hochhoot: "the people can be connected by friendship, nations - only by interests".

Hungary, trying to become a link between East and West, recognizing the leading rule of the country in East Europe region, is interested in the activation of relations with the CIS countries, first of all, with Russia, Ukraine, Kazakhstan.

The purposes of bilateral negotiation between Kazakhstan and Hungary are caused by mutual interest in an establishment of strong connections between the countries.

As a rule, the preparation of documents for bilateral negotiation always lays on the Republic of Kazakhstan embassies in the country of accreditation. Therefore in the Embassy of Kazakhstan to Hungary one of the basic directions of its activity was development of the concepts and the basic directions of co-operation in the field of policy, economy, science and engineering, information, culture, education, public health services and sports. Assembled and analyzed by the Embassy information materials gave an estimation to provide prospects of the development of bilateral relations in the field of strengthening of political and economic positions, trade-economic and scientific and technical co-operation of the Republic of Kazakhstan with the Hungarian Republic.

Meetings and consultations within the framework of the bilateral relations with the Hungarian part on various questions, study of an internal and an external situations of Hungary had allowed in time to remove disagreements, arising between the parties, to develop the coordinated positions in approaching to various problems decisions, including even international character. The Embassy directed to the Center the prepared analytical materials on signing of the Treaty on bases of co-operation between RK and Hungary.

The signing of such kind of documents is dated to the official visits of the heads of states or governments.

During the first official visit of the President of the Republic of Kazakhstan Nazarbaev N.A. to Hungary on December 6-8, 1994 the friendly documents were signed;

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• T he Treaty on the bases of friendly relations and co-operation between the Republic of Kazakhstan and the Hungarian Republic,

• The agreement between the Republic of Kazakhstan and the Hungarian Republic in encouragement and mutual protection of investments,

• The convention between the Republic of Kazakhstan and the Hungarian Republic on the elimination of double taxation and prevention of evasion from payment of taxes on their income and capital.

These agreements had served as the starting point of the creation of legal base of the bilateral co-operation of Kazakhstan and Hungary.

2, Multilateral negotiation

The multilateral negotiation became the norm of modern international life, interstate relations. In its turn they have caused to life the new system of institutes of new organisational forms -international organisations. As the Hungarian diplomat Nergesh f. determines that the international organisations "... are those frameworks, that arena, where the international relations are carried out, whether there is a speech about policy, military mutter, economy or culture '*. Now we'll consider the mechanism of the realisation of multilateral negotiation.

Annual session of Organisation of Economic Co-operation (OEC) on planning at a level of the senior officials of the representatives of economic departments and ministries of foreign affairs of the member-countries passed on January 17-19,1993 in Teheran. Kazakhstan became the OEC member since November 1992. The basic direction of the activity of this organisation was the creation of conditions for continuous socio- economic development, gradual economic integration of the member-countries in the global system of economic communications and active co-operation in cultural, technical and scientific areas.

After the statement of the head of Kazakhstan delegation with a number of constructive offers on problems of development of petroleum and gas industries, and transportation of petroleum to the world market, the situation had changed. The representatives of the founder-countries marked in their statements active positions of the Kazakhstan delegation. Later it had affected to the acceptance of a number of constructive

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d ecisions. It would be desirable to indicate some concrete offers of our delegation, which subsequently began to be put into practice. These were the construction of Meshhed-Serahs-Tedjent railway link, the construction of seaport in Aktau, the opening of the airline Almaty-Tashkent-Teheran.

At all meetings in the frameworks of various levels of OEC the purposes both tasks of the organisation and the priority areas of the co­operation - transport, communications, power and trade were precisely defined, as all countries - participants demonstrated their mutual interests. According to the OEC charter, the Republic of Kazakhstan presided over sessions in 1998-2000.

The decision of the nuclear weapon question was possible to reach, only after multilateral negotiation. Such negotiation has passed at the Budapest summit of the Heads of the member-states of OSCE on December 5, 1994. Result of the negotiation was the acceptance of the Memorandum about guarantees on security by Russia, Great Britain, and the USA to Kazakhstan, Ukraine and Belorussia, Three Powers -the depositaries of the Treaty on non-distribution of the nuclear weapon had undertaken to ensure the sovereignty, the territorial integrity of Kazakhstan and to guarantee against economic compulsion.

The active work of sovereign Kazakhstan in the international organisations promote the reception of necessary technical and advisory assistance, the attraction of financial help from the various sort of donor organisations, the integration of the Republic into the global economic system, the attraction of foreign investments in the national economy. Therefore the work in various international organisations requires conducting multilateral negotiation.

As you know, the Republic of Kazakhstan became the UN member since March 2, 1992. The representatives of the Republic actively participate in multilateral negotiation, representing the interest of the Republic. For example, at the 49 session of the General Assembly 295 resolutions were accepted, among those in 20 resolutions Kazakhstan was the co-author. What resolutions did our Republic support? First of all, there were those directed on rendering of assistance in integration to the countries with transitive economy to world economy. The essence of the resolutions consists in necessity of rendering by the UN system

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o f assistance and technical help to the countries with transitive economy and familiarizing with the work of institutes and organisations in the field of multilateral trade. After acceptance of these resolutions the work on progress and realizations of these resolutions proceed. The appropriate organisations, such as UNCTAD, ESCAP on the basis of the accepted the UN resolutions render the required help and allocate necessary means. Kazakhstan became the initiator of the new resolution " About the system of transit in the states which are not having exit to the sea in Central Asia " at the 51 session of the General Assembly. That was rendering of assistance from the UN part and its specialised divisions to the countries of Central Asia not having of an exit to the sea, in development of their transport systems. The resolution " The International co-operation in co-ordination of activity with the purposes of rehabilitation of the population both ecology and economic development of Semipalatinsk region in Kazakhstan " was successfully advanced and accepted by consensus at the 52 session of the General Assembly by efforts of the Constant representation of the Republic of Kazakhstan.

Voting in the UN is the result of close interaction of the Central staff and its foreign representations.

The negotiation can end in result, if there is a common interest. In absence of the last, the negotiation loses its sense. We have already mentioned that for successful realisation of negotiation the packages of the offers were used. In such packages of offers the benefits should be designated which will be found by the contracting part attractive enough to itself in order to sit down at a negotiating table. On the other hand, it is necessary to bring own interest with the interest of opposite part or to find the form of their interrelation.

As the example of it, it is possible to mention the negotiation between the five sovereign states interested in the problem of water area and sea bottom of the Caspian sea.

1996 Kazakhstan clearly designated its positions in this question. The sea bottom and mineral wealth of the Caspian sea should be divided between the coastal states, which have national jurisdiction both exclusive rights concerning investigation and development of mineral resources in their part of the bottom and sea area.

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Azerbaijan acts also, thai the Caspian sea has to be divided between the coastal states. The positions of Kazakhstan and Azerbaijan once practically have coincided.

The position of Russia in this problem is going to be closer. As before the disintegration of the Soviet Union and the appearance of the new independent states on the coast of the Caspian sea the sea "was" common, i.e. there was existed Soviet-Iranian condominium on the Caspian sea. The supporters " of common usage " on behalf of Russia, Iran, Turkmenistan acted for preservations of this rule before final development of the legal status of the Caspian sea. Having considered a package of the offers of Kazakhstan and Azerbaijan Russia has changed its position and has offered a new package of the agreements.

j DIPLOMATIC WAYS OF THE SETTLEMENT OF

| INTERNATIONAL CONFLICTS. FEATURES OF

: PRACTICAL ACTIVITY OF SPECIAL

MISSIONS AND DELEGATIONS

1. Diplomatic ways of settlement of the international conflicts Example of diplomatic settlement of international conflicts is the problem of the legal status of the Caspian sea, which we have begun to examine previously. In 1996 at the meeting of ministers of foreign affairs of the coastal states Russia had acted with the project of agreements. Russia was ready to recognise jurisdiction of the Caspian states concerning investigation and development of mineral resources within the limits of 45 miles from its coast, the medial part of the sea was supposed to be announced the area of joint usage. Kazakhstan and Azerbaijan had refused to sign the offered document.

In this situation there is a change of the position of Russia in the Caspian problem. At the negotiation of experts in Astrakhan and then at working meeting of the two Presidents of Russia and Kazakhstan in April, 1998 Russia agreed to the section of the Caspian sea bottom under the condition of the preservation of its water surface in common conducting by the states. At the meeting Eltsin B.N. and N.A. Nazarbaev had declared the intention to finish the preparation works of the bilateral

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T reaty on the section of the Caspian sea bottom and use of its resources. At the bilateral negotiations the agreement about the bottom delimitation of the northern part of the Caspian sea by the principle of a medial line was achieved.

Three-years (three-summer) negotiation, which was carried out by the Caspian states, has shown the urgency of the Caspian problematic. The negotiations on the legal status of the Caspian Sea become daily work of a diplomatic service.

As it is visible from the above given example, negotiation as a method of the decision of a various sort of questions arising in the interstate relations, occupies the first place among means of settlement of international disputes. The direct negotiation is considered as a universal remedy of the settlement of international disputes and conflicts.

By consideration of diplomatic ways of the settlement of international conflicts it would be desirable to stop on " kind services " and intermediary actions. " The Kind services " represent diplomatic efforts undertaken by the third state, not participating in a dispute, which is having an object to promote creation of conditions for negotiations with the purpose of the peace decision of the dispute.

In the history of diplomatic practice the cases are known," the kind services " proceeded not from states and from international organisations. The example to that diplomatic settlement of the Caribbean crisis in 1962 can be served. The diplomatic actions of the USSR, the principle position of Cuba, the realism of the US President Kennedy, " kind services " and intermediary actions of the acting the UN Secretary-General U-Than had allowed settling the crisis by negotiation.

Later examples can be the participation of Russia and little later Kazakhstan in intermediary actions on the settlement of the dispute between Armenia and Azerbaijan in so-called " Carabakh crisis ".

The settlement of the international conflicts according to the UN Charter should be settled by peaceful means not subject to the threat of international peace, security and validity. The observance of this principle was undertaken by the states - participants of Meeting on security and co-operation in Europe. In the UN Charter the means for achievement of this purpose are determined (negotiation, intermediary,

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t he reconciliation etc). Choice of means of the peace decision of various disputes depends on the arrangement of conflicting parties. The arguing parties should use all peace means, taking place at their order, to show due desire, persistence and patience for its settlement.

In its turn, the UN General Assembly, according to its powers under the peace sanction of international conflicts, also can examine the conflicts, which are not considered by the Security council.

The principle of the peace sanction of international disputes quite often is fixed in bilateral agreements regulating the relations between states as the obligatory international law rule of nowadays.

Independent means of the settlement of international conflicts and disputes are consultations. Consultations are the beforehand caused negotiation for discussion of those or other questions within the framework of bilateral relations. The consultations allow in time to remove disagreements, arising between the parties, to develop the co-coordinated position in the approaches of international problems. Consultations are not only effective means in the settlement of international disputes, but also warning of the appearance of those.

According to the UN Charter the inspection and reconciliation concern to means of dispute settlement. Investigation and conciliatory commissions are created for performance of these tasks.

The revealing of dispute reasons and the reconciliation of parties by the development of appropriate conditions enters into the function of conciliatory commissions.

The conclusions of investigation commissions and conciliatory commissions carry facultative character. As the Russian diplomat Selyaninov O.P. marks, some international agreements provide their compulsion for the participants. For an example, the Convention on the mode of navigation on Danube in 1948 was resulted, which participants in that time were Bulgaria, Hungary, Romania, the USSR, Ukraine SSR, Czechoslovakia, Yugoslavia and Austria. According to the convention the decision of the conciliatory commission for the arguing parties admitted "final and obligatory'*.

Though the reference to investigation and conciliatory commissions meets in diplomatic practice not so frequently, nevertheless they serve an effective means in the decision of international disputes.

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2 . Features of practical activity of special missions and delegations Previously we assorted concepts of special missions and delegations.

I would like to remind that the special missions are changeable, the heads of a state or a government, minister, deputy of a parliament, an ambassador on the special assignments may lead them. The delegations and observers directed into the international negotiations, conferences and meetings, including representation in any ceremonies concern to special missions ( there are examples a lot).

As an example it is possible to demonstrate the special mission headed by the ambassador on the special assignments Isanaliev M.I. in Saudi Arabia in 1993. The basic task of the mission was an establishment of the first diplomatic contacts. The head of the mission was a special representative of the President of Kazakhstan. During the meeting with the Minister of foreign affairs, prince Saud el-Feisal the head of the mission had transferred the personal message of the President N.A, Nazarbaev to the King of Saudi Arabia. The Minister noted that the Kingdom gave the large meaning to its mutual relations with Kazakhstan, playing a key role in Central Asia and CIS. The Minister also confirmed the intention to visit Kazakhstan after the end of Ramada with the purpose of the discussion of prospects of bilateral co-operation and possible realisation of top-level contacts.

The direction of special missions is carried out with the consent of the accepting state.

3. The function of international arbitration and international court in the regulation of international conflicts

International arbitration and international court carry out the special role in diplomatic practice.

The international arbitration takes its beginning in a deep antiquity. In Ancient Greece states quite often addressed to the arbitration court. The role of the arbitration court was carried out by the authoritative representatives of the third state, not interested in disputes. The development of an arbitration practice has resulted in the formation of an arbitration body. On the basis of the Hague convention on the peace decision of international collisions the Constant chamber of the arbitration court was created. The chamber consists of the experts of

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i nternational law nominated to 6-year term as the state-participants of the conventions. The office of Chamber is in the Hague. It is headed by the Constant administrative council, which includes the heads of the diplomatic representations of the state-participants of the Hague convention. The duties of the chairman are executed by the Minister of foreign affairs of the Netherlands.

The international court functions as one of the main bodies of the UN. The participants of the Status of the International court are all the UN members. The international court consists of 15 independent judges elected without dependence from their citizenship, with "high moral qualities". All members of the Court are selected by the General Assembly and the Security Council among the persons who have been brought in to the list on the offer of national groups of the Constant chamber of the arbitration court. Under the status of the Court its structure should ensure the representation of "the main forms of a civilization and basic legal systems of the world".

The court can carry out the functions in other places too. Official languages are French and English.

The main task of the International court is settlement of international disputes. The competence of the court is distributed only to those cases, where the parties are the states. On inquiries of the General Assembly and the Security Council the court can give the advisory conclusions on any legal question.

The court accepts businesses to consideration only with the consent of the parties. According to the UN Charter each the UN member "has to carry out the decisions of the international court on that business, in which it became the party". The decision of Court is final.

Making the results of negotiating process it can be concluded that the negotiation becomes the basic form of the interaction of states. It actively influences the further reduction of the role of military factor. The number of negotiation grows also by their objects there are all new areas of the international interaction. The feature of negotiation processes is that the experts, who are not having diplomatic experience, but having the competence, are involved in the sphere of negotiations at the analysis of difficult economic, scientific and technical spheres of interaction between states.

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N ow there is a necessity of the management of negotiation processes. The most important problems of negotiations are conducted by the leaders of states. The spheres of the competence of different operating levels are defined. The system of delegating of the responsibility is developed and the coordinating role of diplomatic services rises.

4. Preparation and realisation of visits on the highest,, high and working levels

The development of diplomacy at the highest and high levels promotes the fast and basic decision of difficult problems and the achievement of important arrangements. In the previous course "the Diplomatic protocol and diplomatic correspondence" we have considered the rules of State protocol practice of the Republic of Kazakhstan on maintenance of visits on the highest, high and working levels.

After a finding of the sovereignty Russia and Kazakhstan, as the equal in rights subjects of international law, should determine the new legal relations. The searches of the model of interstate economic and political co-operation have resulted in the conclusion in May 1992 the Treaty of friendship, co-operation and mutual assistance during the working visit of the President NLA. Nazarbaev to Russia. The Treaty consisting of 40 articles, has put the bases of the interstate legal relations, has defined the principles of co-operation in political, economic-trade, scientific and technical, cultural, military and other spheres.

The first official visit of the President of the Republic of Kazakhstan N.A. Nazarbaev to the Russian Federation was held in March 1994. The beginning of strengthening and deepening of the integration of two countries in economic, trade, scientific and technical and humanitarian areas was this visit. The Memorandum of the basic principles of the decision of questions connected with citizenship and the legal status of the citizens of Kazakhstan and Russia, constantly living on the territory of each other and the Agreement on the basic principles and conditions of the use of "Baikonur" cosmodrome occupy the special places among 22 scale agreements accepted during bilateral negotiations. As a rule, top-level visits are preceded by working meetings, working visits. For example, state (top-level) visit, of the

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P resident Eltsin B.N. to Kazakhstan in 1998 was preceded by a number of working meetings of the Presidents of the two countries, and also informal meetings.

The mutual visits top-level (state level), working visits of two presidents of Russia both Kazakhstan and negotiations spent during these visits, have allowed cooperating fruitfully from early stages of definition of the legal interstate relations. If to overlook the program of negotiations of all these visits, it is visible, that both parties searched for effective models of integration in all spheres up to an establishment of strategic partnership.

The visits of the heads of governments of the Russian Federation and the Republic of Kazakhstan at working and high levels since 1992 promoted the acceptance of various agreements, protocols, and communiquH during bilateral negotiations. The bilateral negotiations at the highest interstate level usual promote the strengthening of relations of strategic partnership and the deepening of integration between the countries in all areas. The bilateral negotiations at an intergovernmental level operatively solve practical tasks in various areas.

In the conclusion of this theme it is necessary to stop on the first official visit of the governmental delegation of the Republic of Kazakhstan to the People's Republic of China in February 1992. (I was also the member of this delegation). The negotiation of the Prime-Minister of Kazakhstan and Prime Minister of the People's Republic of China was held.

At the result of the negotiations 9 documents called to concretise the development of communications between the countries on various directions, including the Agreement on the creation of an intergovernmental commission on scientific and technical co-operation were signed. In the joint statement of Kazakhstan and China the intention was confirmed to build a good-neighborhood on the basis of mutual respect of the sovereignty and territorial integrity, non-attacking, non­interference into the internal affairs of each other, equality and mutual benefit. The realisation of consultations between the Ministries of foreign affairs on the bilateral relations representing mutual interest and also the development of connections and contacts at all levels, including meetings of the heads of the states were provided.

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T he arrangement on interaction of the appropriate bodies in the struggle with the international terrorism, organized criminality, trading drugs, smuggling, in the decision of ecological problems, sphere of culture, science and engineering was achieved.

As a result of negotiations during the first official visit of the RK governmental delegation to the People's Republic of China and signed agreements, the stereotypes of the interstate relations were determined, the positions on various questions had cleared up. This visit became a starting point of the subsequent top-JeveJ contacts.

TECHNIQUES OF COLLECTING, ANALYSING AND ESTIMATION OF INFORMATION

/. Technique of the collecting of information

Foreign policy information, directory documents and other documents acting from the representations abroad should be indispensable authentic, truthful, objective.

All diplomatic employees of an Embassy accept active participation in the collecting of information and other materials from various sources. The most important information sources are those, which proceed from the government of a host country and its other official bodies. The statements of officials, law acts, signed documents with the third countries, and also various sort of communique' and other acts for that or other negotiations with them concern to such materials. Sources of the information can be diplomatic contacts, press and mass media, literatures, direct supervision of the people.

Diplomatic contacts. The establishment of diplomatic contacts is one of forms of the activity of diplomats. Without diplomatic contacts there is no diplomacy. If to remind Vienna convention, known for you, of April 18, 1961, it refers to as the convention " about the diplomatic relations " i.e. contacts. In the rule "About the Embassy of the Republic of Kazakhstan" it is specified that in the function of embassies "negotiating and maintenance of official contacts with the state bodies of a host country " enter. According to other rule " About the basic duties and rights of the Extraordinary and Plenipotentiary Ambassador of the Republic of Kazakhstan" "the Ambassador of the Republic of

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K azakhstan carries out official contacts with political parties, religious and other public organisations...".

For the acquaintances turned to diplomatic contacts and give practical results there are necessary three factors. First - it should have confidential character. The history knows brilliant examples of such trust of the diplomats and politicians even in the past at enmity with each other. By essential communications of an Embassy, with which is preferred there are contacts to higher official circles of the country - monarchs, presidents, and ministers of foreign affairs, higher representatives of legislative and executive authorities. In their hands there is a real authority in the state and the decision of questions on co-operation with the foreign state depends on them. The second major requirement to diplomatic contacts - they should benefit. If your interlocutor has no deep knowledge, the information scoops only from press and there is no opinion, does represent interest neither for you, nor for your state. The diplomatic contacts should be regular, one or two times per month, it is possible and more often if necessary. These meetings cannot be long. It can be the telephone conversations, meeting at receptions, exchange of the letters. If you require the information and know, that your partner can be useful, he will find time and will respond to your request. For an establishment of contacts the diplomat should follow all events occurring in his country, he should well know about a host country, know the language of a host country. By the most important kind, in which the significant part of the diplomats of an Embassy participates, there are meetings in the ministry of foreign affairs. The ministries of the various countries differ on structure, therefore diplomats should know these features.

The contacts with parliamentarians are a major site of the work of an Embassy. It is necessary to an Embassy to know from the first source what new laws they prepare also what influence can have on economy of the given country on the bilateral relations. The parliaments of a number of the countries have an opportunity of the control on external policy by questioning and debating, inquiring of some documents in its committees. Behind these actions those or other circles in the state stand. The parliamentary groups engaged in the bilateral relations, can promote development of these relations or on the contrary

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b reak them. Embassy should have the information about all these processes going on. It is useful to the diplomats to attend some sessions of a parliament. It enables them to meet interesting parliamentarians in foe and to establish with them necessary contacts.

The contacts with the businessmen are also of the integral activity of diplomats now. Today a diplomat is completely involved in questions of an economy and a trade. If the staff of an Embassy allows, the economic group is formed. It is engaged in collecting and analysing of economic information. The contacts with the businessmen of a host country are necessary for this purpose. The contacts with the businessmen, having the information, enable to understand better the plan of a government. The contacts with business circles, in its turn, enable to establish communications with the members of a government. The businessmen are more independent and frank in an estimation of the activity of a government. Even supporting the government they can criticize for the separate aspects of a policy. If the government goes on the deterioration of its relations with any country, the business circles do not hasten to follow this line. They carefully weigh all plus and minuses of new direction of the government for a national economy and own companies.

Diplomacy of many countries gives to contacts with scientific and technical intellectuals, figures of art and culture the large meaning. The contacts with scientific and technical intellectuals are close on the character to contacts with the big businessmen. They help to understand economic problems of the country and way of their sanction. The information of the scientists carries analytical character. Diplomats pay the special attention to contacts with the professors of leading universities and institutes of a country.

Task of an Embassy is the establishment of contacts with the most different circles of the population and public organisations of a country. The contacts with trade unions and trade-union leaders help to understand better conditions in the country, while they are closer to the people. The trade-union leaders are skilled, knowing politics, influential people.

Source of the information can be mass media. In the majority of foreign countries of the world there are no official bodies of a periodic

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p ress. Some printed bodies name officials. These bodies officially are not connected to a government, but usually reflect its point of view. Such newspapers can be truthful sources. Always it is necessary to remember that in materials there can be casual distortions, for which it does not answer. At collecting of an information from printed bodies it is possible to use materials and from the usual newspapers. Frequently at drawing up of the thematic review of a press the wide disorder of opinions in an estimation of those or other events, diplomatic actions, political course of a host country is observed. The special interest represents the review of a press during preparation and realisation of elections to a parliament or a president. In such cases the disorder of opinions can be large. The skilled diplomat, good studying the press of a host country, can sometimes correctly predict results of elections. The knowledge of arrangement of political forces in a host country, antagonism of various parties on political arena, enables to make preliminary conclusions on the materials of a press.

In reliability of the information it is possible to be sure, if it is based on statements and items of information submitted by official bodies, published in the governmental newsletters, the sheets etc. Large help can be rendered by checking of the information during the conversation with official persons. The right of finding - out of conditions and events in the state with the help of all lawful means is directly stipulated in Vienna convention, 1961. It is not less important for the diplomat to have an opportunity to check up the information at the solid correspondent writing on this item or at the object of information, about which there is a speech going on in the article. The skilled journalists have wide contacts in all spheres of a community - governmental, oppositions, intellectuals and middle classes, businessmen and simple citizens. They have the large information.

Among the journalists there are very skilled analysts. The most important contacts are the contacts of the diplomats with the editors of the largest newspapers and magazines and their owners. On the other hand, in mass media there can be obviously false materials. The diplomats should know such journalists.

Last years to the information received as a result of personal contacts, the information received from the Internet has increased. From the

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Internet it is possible to receive various informations on a diplomatic service and its reform in a number of countries, characteristics of political and diplomatic figures.

2. Accumulation, analysis and estimation of information

All diplomatic employees of an Embassy participate in drawing up of information documents for the center or with the purposes of use in their own operative work. For the preparation of documents and for the operative activity an Embassy accumulates the information and other materials acting from various sources. Besides the listed at the beginning, the archival materials issued in a host country, memoirs of the political figures, scientific reports and other proceedings are considered as the important information materials.

All saved information material by the employees of an Embassy, according to the duties, distributed between them, collects in the special collections (file) or in memory of a computer. The work above accumulation of these materials requires the large attention and it is conducted by each diplomatic employee daily.

The analysis and generalisation of collected material is made depending on a requirement and in connection with the preparation of this or that document. Among the various documents there is a stable document under the name "Information on the schema". It is the complete enough collection containing the major data on a host country. In "Information on the schema" are resulted not only statistical data on the country, but also the developed materials on separate issues are given which is necessary to be engaged by an Embassy in. "Information on the schema" is used at drawing up of this or that information. The data, containing in it, is constantly updated.

The political information, transmitted to the Center, should be carefully prepared. The composers should understand their high responsibility at use of various sources. The information should be based on the official documents and checked up facts. At the analysis and estimation of the information the responsible and weighed approach is necessary.

Information-help materials of the RK Embassy to Hungary reflected the internal policy situation in the given country, the activity of a state,

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governmental, parliamentary bodies, the tendencies of political, economic, social and intellectual development of a society and military policy. The Embassy regularly analyzed and gave estimation to the prospects of economic-trade and scientific and technical co-operation of the Republic of Kazakhstan.

Here there is no opportunity to list all information materials, which were sent to the Center. The materials sent to the Center answered all requirements of the rule "About Embassy of the Republic of Kazakhstan", instructions of the Center in the interaction of structural divisions of the Central staff of the RK MFA and its foreign policy representations.

Among the documents represented to the Center, containing various sorts of information materials (information, reports, records, the political letters) can be the offers on the diplomatic actions. These offers should contain the necessary arguments on their necessity, utility and modernity. Any initiative of foreign policy representations only then can be approved and is accepted into consideration, when all "for" and "against" are weighed. Sometimes happens so, that the offer seems weighed enough, but in the given time its realisation coincides with realisation of other, more important political measure, that compels to reject the offer, or to transfer its realisation on other time and under other conditions. The rejection of the proposals of an Embassy can cause those who worked above it, anything other except for disappointment and dissatisfaction. To reduce an opportunity of such results, it is necessary to be sure that the offered action is quite suitable to the political course spent by the country in the given moment, quite corresponds to other actions and answers interests of other countries and can be supported by them.

In this case speech goes about the large diplomatic action, development of which requires long time, A various sort of proposals frequently received from Embassies. If the Embassy is not sure that the decisions, accepted by it, will not meet the remarks of the Center, it is useful previously to consult with it.

It is necessary to stop on interdepartmental correspondence between the Ministry of foreign affairs and foreign policy representations. The documents of political character belong to it. These documents of foreign

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p olicy representations inform the Center on the condition of relations with a host country, processes, appearing in these countries, in political, economic, cultural, scientific, military and other areas. The center is interested in, that the embassies brought in corrective amendments to policy concerning the given country.

In its turn Center sends directive instructions, answers to inquiries, and also most important information on events, occurring in the world, or official assignments to its foreign policy representations. The statistical materials, official statements of the state figures: the President, head of a government, minister of foreign affairs and other officials are directed to Embassies, The center informs Embassies about developing and realizing actions by it. The last is quite often accompanied by the instructions popularizing and explanation of such actions in a host country: in governmental circles, diplomatic corps, among a wide public and press.

Example of such foreign policy actions is the initiative of Kazakhstan on convocation of the Meeting on interaction and measures of trust in Asia. This initiative became the factor of regional policy and requires the further efforts of the foreign policy body and its foreign policy representations in progress and propaganda it.

The Embassy of Kazakhstan to Hungary in its information-reference materials had informed the Center that the initiative of Kazakhstan had found complete support on the part of the Hungarian Republic. The position of Hungary in the problem of the creation of global system of security, the regulation of conflicts is close to Kazakhstan.

DIPLOMATIC CONTACTS. DIPLOMATIC CONVERSATIONS, RECORD OF CONVERSATION

/. Establishment of diplomatic contacts

The largest part of the work of diplomats consists in meetings with foreigners, having conversations with them, preliminary preparation for a conversation, analysis of discussed problems and records of conversations.

The first diplomatic contacts are established at the delivery of letters of credence by the Ambassador, at the first meeting with the minister

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o f foreign affairs of a host country, at drawing visits to the colleagues -diplomats of other countries. Further the diplomat should fix the necessary contacts for receiving and exchange of information. The further contacts can result in discussion and sanction of practical questions of bilateral co-operation and international problems. What qualities should have the diplomat in a part of skill for conducting a conversation. The diplomat should obtain special knowledge in political, economical, social, demographic areas of his own country, its economic resources - agriculture, industry, finance and foreign policy priorities. The same knowledge is necessary for the diplomat about the states of the region, about the Great Powers and their policy, about the mechanism and procedure of international relations. These requirements in an equal measure belong to the modern diplomats.

The diplomat, participating in a conversation, carries out assigned on him by his government function in receiving of an information and at the same time he becomes the object of representatives activity of a host country and his colleagues in the diplomatic corps.

The conversations are subdivided into the following kinds:

1. Conversation under the official assignment of the management of the country with the representatives of a host country;

2. Conversation under the official assignment of the ministry of foreign affairs;

3. Conversation by the official invitation of the management and MFA of a host country;

d) Conversation with the representatives of a host country under the initiative of the diplomat;

5. Conversation at receptions, official measures, exhibitions;

6. Conversation in breaks (outside of official sessions);

7. Casual conversations at visiting theatres, on a rest, leaving a capital and other places;

h) Unexpected, unforeseen conversations, when the theme is unknown beforehand.

In brief we'll stop on the characteristic of some conversations.

The conversations by the official invitation are difficult and responsible kinds of conversations. The difficulty is explained by that the diplomat does not know, about what there will be a conversation,

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T he skilled Ambassador in such cases has to invite the senior diplomats and decide with them what could be the subject of forthcoming meeting. The diplomats prepare the appropriate documents and proposals and also answers to the probable statements of the representatives of a host country. Such conversations are the certain examination for an Embassy and the diplomats.

During the conversation it is necessary to listen attentively to the interlocutor, especially having paid attention to all subtleties. The diplomat, accompanying the Ambassador, should precisely write down all. It is necessary to set questions to clear up the sentences and estimations of the interlocutor. In case of the statement of a protest or the condemnation of policy of the government of an Ambassador it is necessary to be ready to their rejection, though in a general form. If on the put question the Ambassador have no precise recommendation of his country, having listened to the statement of the interlocutor, having set some questions to him, it is necessary to finish the conversation by words, that you report on all told to his government. The skilled diplomats use also such widely widespread methods. If among the diplomatic corps it became known that someone of foreign diplomats were invited for a conversation in MFA of a host country, it is possible to learn from the colleagues of the friendly countries, what about there was a speech.

The conversations on behalf of the heads of a state, a government and MFA of the accredited country will be carried out by the Ambassador The conversations of the Ambassador with the heads of the state of a stay- Monarch, President or Minister of foreign affairs are most important. These meetings are carried out then, when the government of accredited country addresses to the management of a host country with the personal messages, offers.

Let's consider the engineering of message transfer. First of all the Ambassador carefully get acquainted with the text of the message, sends for a translation and again carefully reads out. Sometimes the Ambassador can acquaint subordinated the envoy, the adviser with the message and discusses with them the direction of a conversation. It is necessary to think over, how the message will be accepted and what

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questions can be put. All this is necessary not to be the usual postman. If the Ambassador simply will transfer the text, the interlocutor cannot discuss it and answer, it means that he will attentively familiarize and will give the answer.

If the Ambassador state the basic situations and interlocutor glance for familiarizing with it, the opportunity is quite probable for beginning conversations. The Ambassador can receive the first reaction to the message.

Sometimes there can be such instructions from the Center "...visit the Ministry of foreign affairs and handle,.." The Ambassador decides where to go for a meeting. The partners on meetings should suit on the rank of each other. Minister and Deputy minister there is an Ambassador (sometimes in case of illness of an Ambassador - an envoy). If the Ambassador charges meeting to one of the senior diplomats, at the beginning he is acquainted with the text of the message, then the senior diplomat prepares the plan of a conversation, together defines questions, which can be put to him. After the conversation the diplomat makes out the record of a conversation.

At the performance of orders of the Center two qualities of the diplomats - his loyalty and accuracy are shown. The diplomats of a high rank should be loyal to his government. Unfortunately, till now there are diplomats, who skeptically respond about the Minister and the government. Such behavior is inadmissible; from the diplomat the complete loyalty to the government to which he serves is required. If the diplomat disagrees with the instructions of the government, he should immediately report on it to the government, showing items of his disagreement. If his offer does not pass, the Ambassador should submit to the resignation.

For example, the English Ambassador to Egypt stated the disagreement with the policy of his government, which together with France and Israel had begun military actions against Egypt. The Ambassador had submitted to his resignation.

The conversations under the initiative and the invitation of a diplomat should pass in strict conformity with the diplomatic protocol. The diplomats of a younger rank cannot ask audiences and invite the senior diplomats.

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I f the diplomat gives answerback breakfast (dinner), and he was invited before with his spouse, the answerback invitation should be also with the spouse.

The most often in the diplomatic practice among the diplomats of an average rank there are meetings for the cup of coffee or tea, meeting in a bar and on tennis court.

The conversations of diplomats carry professional character. Both diplomats are interested in receiving of complete and correct information, confidential and without any superfluous diplomatic approaches.

From the personal experience I know that the connection of various embassies considerably differs from each other. For example, in Budapest the professionalism of the Latin American Ambassadors "was supported" by the moods of countrymen. At various informal meetings it was possible to find the sources of information, which considerably differed from the information in other embassies.

The conversations with the representatives of a press carry the special character. Diplomats and journalists always want to receive information. The diplomats make the information by the property of their governments and the journalists distribute it in mass media. (Previously we have considered contacts to the press as a way of the collecting of information in detail).

The conversations with the journalists cannot be mixed with press conferences or an interview, which are given by diplomats. At these kinds of meetings tasks are different. Giving an interview the diplomat beforehand knows that he will be sounded and is printed. At conversations with journalists, diplomatic employee can make a condition that told by him will not be published. It is necessary to remember that the Ambassador and the employees of an Embassy are the official representatives and each their statement is perceived and is interpreted as an official.

2. Record of a conversation

After holding conversations it is necessary to make the report as records of conversations, records in a diary about conversations for

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o ne month or as the project of the telegram for the Ambassador signature, if the conversation carried the important character.

The large attention was given to drawing up of diplomatic conversations and reports in all times. Even Kalier F. wrote that the style of conversations should be clear and compressed, it does not use of superfluous words in them, but also it does not miss anything, that helps clearness of a speech; the noble simplicity should be expressed in them, far is equal as from vain running behind learning and wit, and from negligence and roughness.

There are some rules of registration of records of conversations. At the left up is written:

From the diary of Kazakhaev K\K.

Then there is a heading:

Record of conversation with the Manager of Asian Department (his name) date

The contents of a conversation further follow.

At the end of conversation the post, surname, signature is underlined.

In the left corner the surnames to whom are specified to direct, the names of Departments or others, to whom the copies of the record of a conversation are directed.

For example:

1-copy- Vice-Minister (Surname)

2-copy- Management of Asian Department

3-copy- the Ministry of culture

4-copy- a chancellery

The record of a conversation should precisely reflect its contents. In case of necessity, if in a conversation some figures are mentioned, it is possible to write down them at once. Sometimes during the time of all conversation some marks are made, if beforehand it was told that the oral statement without transferring it in the written form would be made. After the statement of a message, told to him, the diplomat writes down his answer. As it was informed above, the record of a conversation should precisely display told by the diplomat. Certainly, young diplomats at the registration of the first conversations do not leave frameworks of protocol courtesies.

If the diplomat meets the interlocutor for the first time and the person

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i s little known to him, though statements represent the certain value, it is recommended at the end of the record of a conversation to inform the basic items of an information about him in the Note.

The record of a conversation is signed by the person who is carrying it out. If conversations are carried out by Presidents, Premieres, Ministers, there are usually senior diplomats, who make out the record of a conversation. Sometimes there are such situations, when the Minister or the Premier could not read the record of a conversation. In such cases at the end of a conversation the mark is made: " the Minister did not read ", "the Premier has not familiarized " and the date and the signature issued by that who recorded a conversation.

The conversations can be written as a play or a script: The Ambassador told that...772<? Minister told that...77/c Ambassador answered that... etc.

Such records of a conversation are written from the third person at meetings at the highest and high levels with the consent of conducting conversation. At the end of a conversation it is necessarily underline, who participated in it from that and the other part and their posts.

Sometimes the record of the conversation can be accompanied by own supervision conversing. If the diplomat has doubts in accuracy of the items of information, given by the partner, it is possible to inform about it in the Note also. For example, the received information requires checking or there other items of an information putting under doubt.

The printed text of the record of the conversation should be checked carefully up. If the telegram is sent using with the information from the record of the conversation, they should be identical and do not contain the contradiction.

If at a reception the diplomat meets with several participants of it, one record of a conversation (most important) with the most influential people, another one - with other interlocutors are made.

Such recommendations are given to the American diplomats at drawing up of service documents:

J. To state only the essence of a business, avoiding comments, not concerning to the theme of information.

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2. T he comment, if it is necessary, include not in the basic text only in the Note.

3. Making conclusions and recommendations, try to put yourself on the place of one to whom they are addressed. The recommendations should be laconic. It is necessary to number each conclusion and recommendation.

4. Not accent special attention on problems only of your country. Management has wider sights on problems.

2. Carefully read out the printed text.

The researches of the scientists have shown that half of those what was told yesterday, today is reproduced already is inexact. Subsequently volume of the exact information about conversation is reduced on 15-20 %. The longer lasted conversation, it is more difficult to remember, it is more important to write down it as soon as possible.

Besides records of conversations some diplomatic employees conduct the book of records of meetings and contacts to the representatives of a host country and colleagues in the diplomatic corps. In it the separate supervisions, remarks, impressions are fixed. The material, collected in small, enables to combine representation about a familiar circle. The knowledge of such trivialities can help with work. Making results in analysing of diplomatic conversations, it would be desirable stop on some conclusions.

The diplomatic conversations do not bear the large number of the participants. The small circle of persons, involved in the conversation, is more fruitful.

The diplomat should always be polite, what difficult conversation would not be. The conversation should come to an end on kind situation, when the maintenance of contacts is necessary for the further work.

At realisation of a conversation without need you should not set questions to the interlocutor, to which he will answer negatively (no).

Be not afraid to be kind, sympathetic, but moderate in the use of compliments.

Have courage to recognise the mistakes and correctness of the interlocutor. It is desirable to avoid sample and empty conversations. It is not only empty expenditure of time, but also unflattering reputation at the interlocutor.

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E ach diplomat should aspire to develop his own style of conversation and constantly improve it. Attentively watch, how your partners, outstanding political figures and diplomats conduct conversations in order to take their best methods of conducting conversations.

Each diplomat by virtue of the personal qualities and abilities, experience develops a manner, inherent in him, of conducting conversation.

The conversation of a diplomat was and remains an important tool of the Diplomatic service. The purpose of diplomacy is to try to avoid disagreements, to settle contradictions, to develop friendly co-operation between the countries. The art of diplomatic conversation is searching for the decision of the international problems by means of a peace.

INFORMATION AND PROPAGANDA ACTIVITY OF FOREIGN POLICY BODY. PRESS CONFERENCE

One of the directions of the activities of foreign policy representations is the realisation of information - propaganda work inside a host country. The purpose of this work - distribution of the truthful information about own country, about the life of its people, explanation of the foreign policy course of a government and foreign policy actions undertaken by it,

The Vienna convention on diplomatic relations provides functions of diplomatic representation "in encouragement of familiarity between the accredited state and the state of a stay and in their mutual relations in the field of economy, science, and culture".

Information - propaganda work of foreign policy representations is rather various in volumes. There are explanations of any sorts of conversations, statements before a public, the distribution of printed editions, the official bulletins of an Embassy, the press releases etc. Each Embassy has opportunities, which could be used in a host country. Any activity of foreign policy representations in information -propaganda work should be strictly legal and have appropriate arrangements with local authorities.

Realisation of information - propaganda work are receptions, organized, by an Embassy, with the participation of representatives of a

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w ide public. The demonstration of documentary and feature films, press-conferences and press - briefings for the representatives of local press and correspondents of news agencies and various mass media, accredited in the country are held. The large meaning has the statement of an Ambassador and other employees of an Embassy before wide audiences by the invitation of business circles, youth and female organisations etc. Maintenance of contacts by an Ambassador and diplomatic personnel with official persons, the members of political parties, public organisations, the editors of leading newspapers and magazines, representatives of intellectuals: writers, artists, actors is desirable. The conversations with them have a double role: for the collecting of the information and realisation of information - propaganda work. Information - propaganda work begins for Ambassadors with the first meeting with the head of a state, Whether contacts will develop depends on the personal factors - subjective and objective further. The role and importance of the accredited country, interest in it concerns to objective one. Besides we speak about it not the first time, it depends much on the personal qualities of diplomats, from their skill to interest high persons, to make conversations useful.

The established contacts by Ambassadors and envoys at the most highest and high levels facilitate contacts of other diplomats for the realisation of information - propaganda work. Each state gives the large influence on its information ~ propaganda activity. Especially it concerned the period of an opposition of the two supers Powers - the USSR and the USA. In this work there were no trivialities.

The acquaintance with the representatives of provincial press, radio, TV can be not less important than with the journalistic corps of a capital. The provincial press reflects better interests of regions and even the countries as a whole, as it is less subject to pressure on the part of a government,

Propagation or, as we now name information - propaganda work, the external policy of a state is necessary to carry out among those who is interested in these problems, who with sympathy refers to the accredited country. There is no secret that mass media influences public-opinion and can influence the decisions of a government in external policy.

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The people who know and are able to convince should be involved in the propagation of internal and external policies of the country. The diplomats should attract in a statement the people of a host country, behind whose large businesses and large merits stand. Nicholson after Gagarin's statement in the English TV wrote: "he, certainly, has made huge impression and has subdued the spectators. And how the country, which has the heroes with such charming smile to represent, can threat".

There are also other ways of conducting information - propaganda work. Many embassies prefer to influence the external policy of a host country not on a straight line and by propagation of the image of a life, cultivating political sympathy to its country. The outstanding figures of an art need to be invited from the country for propagation of the image of a life, cultures and arts. At their concerts the most influential people, the cultural elite of the state may come, that would promote multiplication of contacts.

France is one of the first countries, which has understood all benefits of the cultural programs in mutual relations with other countries. At each French Embassy there is an attache' on culture necessarily. France attracts both writers and figures of a culture and art in this work. The status and preparation the French cultural attache' is higher, than their colleagues from other countries, while they are the figures of culture and art and easily establish contacts with the intellectuals of a host country.

In the USSR in all Embassies there were cultural attache's or the representatives of SSOD carried out these obligations. They established close contacts with the outstanding figures of culture and art, impresario, concluded agreements on the exchange of delegations of the figures of a culture and an education, about performances of theatrical and musical collectives.

The contacts of the diplomats with the outstanding writers of a country, to whose opinion the mass of a people listen to, have large meaning in information - propaganda work.

The maintenance of such communications requires the special skill to attract an interlocutor, to win his arrangement and goodwill. Sometimes contacts and acquaintances are established not only on a business basis, but also as a result of concurrence of sights, bents, interest in this or that sphere of culture (painting, theatre, music etc.). The

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p ersonal expertise of a diplomat plays big role to hold the attention of an interlocutor.

The practice shows that exactly personal contacts and conversations allow making a correct conclusion about the moods of the people of a host country, separate layers of the population, their attitudes to authorities, to internal and external policies.

Significant propaganda work is necessary for an Embassy among diplomatic corps. Many diplomats of other countries have no sufficient awareness on character of those or other events appearing in countries, deformed representation about their internal life, economy, culture. The Embassy should settle in its daily work all not clear problems.

The diplomatic representations quite often receive specially issued at home of various sorts of magazines, brochures and books with translations of products of the prominent writers, the copies of pictures of well-known artists etc. for distribution abroad. Diplomatic representa­tions quite often issue also newsletters containing important documents and other materials. They are dispatched in MFA of a host country, diplomatic representations of other countries, in editions of mass media and other addresses.

Ambassadors can be addressed with the requests to give this or that interview, to speak about the development of relations of their countries with a host country.

One of means of information - propaganda work is the realisation of press conferences and briefings. Sometimes they will be carried out spontaneously, at once after any important meeting, at arrival or departure of this or that state figure or foreign delegation. At a press conference, answering appropriate questions of correspondents it is possible always to mention the issues of internal, external policies of the state and the problems of bilateral relations. At briefings there is an opportunity to inform shortly on various problems and to answer questions of journalists. Before the beginning of a press conference the texts of documents, printed brochures etc. are usually distributed.

If the organizers of a press conference have sufficient time for a preparation, before the beginning it arranges a small exhibition, illustrating with the messages, making a press conference (book, schema and table etc.)

The briefings are carried out on certain days. At briefings the

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d istribution of illustrated materials is provided. From the experience of my work I know that at organisation of press conferences and briefings the large importance has a constancy of an audience, where the habit of behavior of many present is known for the organizers and can be in appropriate way taken into an account. If the measure is carried out unexpectedly, it is necessary to be ready that the audience can appear unprepared.

The task of any foreign policy representation is the rendering assistance to the journalists who have arrived in the country of accreditation for the interpretation, for example, the visit of Prime minister. Knowledge of local conditions, contacts of diplomats, their useful advises, the letters of recommendation to the edition of local newspapers, message to the department of press of MFA of a host country can promote not only successful interpretation of the visit, but also the propagation of the accredited country.

In the Soviet diplomatic practice PhotoShop-windows installed in various places more often near to Embassies were widely used by the sanction of local authorities. The photos display the various part of the life of an accredited country, various international events.

One of methods of information - propaganda work can be the organisation of a various sort of international exhibitions in a host country. The exhibition halls are the center of general attention. Embassy should play a paramount role in the organisation of such exhibitions.

It is said in the rule "About the basic duties and rights of the Extraordinary and Plenipotentiary Ambassador of the Republic of Kazakhstan" that alongside with an establishment and fastening of personal contacts with state and political figures, with the representatives of business, public, scientific, cultural, religious and other circles, the Ambassador should constantly and actively explain the policy of the Republic and render an influence on the public opinion and the external policy of a host country.

From the first days of opening of foreign policy representations of the Republic of Kazakhstan before the diplomats there was the task of explanation of external and internal policies of the country. The basic rules of external and internal policies stated by the President N.A. Nazarbaev in his work " Strategy of establishment and development of

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Kazakhstan as of the sovereign state " (1992) were explained to the heads of the states of accredited countries by our first Ambassadors. The idea of formation of the Eurasian Union for the first time submitted by the President of Kazakhstan in 1994 was also explained to politics and diplomats of various countries. Tn information - propaganda activity the attention was always given to the realisation of the initiative of N.A. Nazarbaev about convocation of Meeting on interaction and measures of trust in Asia-Information - propaganda work in foreign policy representations of the Republic of Kazakhstan since the first days of their opening plays very important role. The diplomats of Kazakhstan cany out individual con­versations with an explanation of the Kazakhstan external and internal policies, the peace initiatives of President N.A. Nazarbaev among the political and public figures, the representatives of business and financial circles, public, journalists and the representatives of local diplomatic corps. The materials about Kazakhstan periodically appears on the pages of newspapers and magazines, the ambassadors frequently act over radio and TV programs, give interviews to various newspapers and magazines. The information - propaganda work of foreign policy representations is carried out on the basis of instructions and rules acting from the Center, materials of mass media of Kazakhstan.

At the beginning 1995 in the UNESCO headquarters in Paris the complex of measures on the celebration 150-year anniversary of Abai Kunanbaev was carried out.

The second large measure, which has been carried out under the aegis of UNESCO, was devoted to 100-year anniversary of Auezov M.O.

These measures as in Paris, Budapest and other capitals of foreign countries have allowed familiarizing with the heritage of the great sons of the Kazakh people.

Now work of foreign policy representations should be directed on the distribution of the objective information about the Republic of Kazakhstan abroad. The diplomats should work on the strengthening of international positions of the Republic. The main task consists in necessity of formation of belief that the economy of Kazakhstan develops independently, the financial system is independent, stable and modem.

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T he attraction of the foreign investments in the Republic economy is the most important task of foreign policy representations. The important step in this direction is the international conferences on the investments in Kazakhstan. The example can be served by the participation of the Kazakhstan governmental delegation at the international conference in London in 1996 on the investments in Kazakhstan.

The operative information of businessmen and public circles of the foreign states on the valid development of events in Kazaklistan, about problems facing to the Kazakhstan community, condition of the legislation, opportunities both needs of the Kazakhstan enterprises and organisations are the basic task of foreign policy representations in realisation of information - propaganda work. Quite often interested circles cannot receive the authentic information "from the first hands" and use not always objective materials of foreign press. For these purposes in some Embassies the press-bulletins are issued which are directed regularly to the ministries and departments, mass media, scientific, public and cultural centers of a host country.

New in information - propaganda work is the opening of our own "window" (web site) in the global system of electronic communication-Internet by some foreign policy representations of Kazakhstan. Now before foreign policy representations and Central staff there is a task of creation of the own program of the positive image progress of the Republic of Kazakhstan. Information - propaganda work should be under the construction at the given stage so, that to become active conductors of the state policy of the. Republic of Kazakhstan, its tactics and strategy, achievement of the country.

PERSONAL AND VERBAL NOTES, MEMORANDUMS,

MEMORABLE NOTES, PRIVATE LETTERS OF SEMI-OFFICIAL CHARACTER, STATEMENTS OF A GOVERNMENT AND MINISTRY FOREIGN AFFAIRS

In the previous course about the Diplomatic protocol and diplomatic correspondence it was discussed in detail all kinds of the diplomatic correspondence (personal and verbal notes, memorable note_T

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m emorandum) and also the language of diplomatic documents. Now we'll speak about the methodology and the practice of drawing up of diplomatic documents.

The personal and verbal notes are the most widespread documents. They can concern both important basic issues and minor, daily too. The personal and verbal notes are written on a notepaper, which is produced by a typographical way and has watermarks.

The personal note is written in the first person and by all means it is signed. The personal note consists of three parts: a reference, basic part and an end by compliments. As an example we'll consider an exchange of the personal notes on the establishment of diplomatic relations.

The Note of the US President to the USSR National commissioner of foreign affairs Litvinov M.M.-

The White House,

Washington,

December 16,1933

Dear Mister Litvinov,

I am most happy to notify you that as result of our negotiations the Government of the United States has decided to establish the normal diplomatic relations with the Government of the Union of the Soviet Socialist Republics and to exchange the Ambassadors.

1 believe that the relations, established nowadays by our peoples, will manage for ever to remain normal and friendly and that our nations henceforth will manage to co-operate for the mutual benefit and for the protection of general peace.

I remain, dear sir Litvinov, rather sincerely yours

Franclin D. Rusvelt It is necessary to attract your attention to the classical form of

simplicity of language of these notes. The skilfully picked up words

answer circumstances of those years. Language of these notes belongs

to the high style of diplomatic documents.

The personal notes are directed on protocol issues. They are

congratulations in a case of a national day, personal events of the head

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of a state or a government. Omitting the reference and final part of the notes we'll stop on the basic contents of some personal notes.

The President of the Republic of Kazakhstan N.A. Nazarbaev directed his congratulation to the Queen of the United Kingdom of Great Britain and Northern Ireland Elizabeth in a case of her birthday in June 18,1997. In the basic part it is underlined that Kazakhstan relates to Great Britain with sympathy. Friendship and co-operation between our states will further develop in the spirit of mutual understanding and stability. The President expressed wishes of peace and prosperity to the people of Great Britain and the Queen of kind health and successes.

The messages between the heads of states on the most important problems of the international policy can be related to personal notes. At drawing up of these messages also adhere to protocol norms (reference, basic part, in conclusion - compliment).

In March 1996 the message of the US President Clinton addressed to the head of the state N.A. Nazarbaev had arrived. In this message the high estimation to the development of bilateral relations is given which are based on the Charter about democratic partnership signed by the Presidents of the two countries in 1994. The presence of significant potential for the further deepening of all-round co-operation in the field of development and transportation of power resources, expansion of trade relations is emphasized. The US President welcomed the consecutive policy of the President N.A,Nazarbaev, directed on a deepening of democratic and market reforms, strengthening of regional co-operation and stability, and confirmed constant support by the United States development of independent, prospering and stable Kazakhstan and its integration in global community. In the message the important issues of bilateral co-operation (development and transportation of power resources), important international problematic (strengthening of regional co-operation and stability) are reflected.

The verbal note is the widespread diplomatic document. It is necessary to remind that the diplomatic correspondence of embassies with the ministry of foreign affairs is conducted by the direction of verbal notes. The text of the verbal note is written in the third person.

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T he expression "verbal" occurs from a Latin word "verbalis", that means "verbal". In the opinion of some authors, it is equated as the oral message. Such treatment approaches to primary meaning of a word. Now verbal note represents the diplomatic document having serial number, the index and it is fastened by the state seal.

The necessity in fixing of an index is caused by the fact that, the answer to the note should arrive to the address of a sender. All notes are directed to the addressee from the name of MFA or an embassy. In the answerback note the reference to an index is given, that allows quickly directing its volume to those, who expects the answer.

The text of the verbal note consists of three parts - introductory compliment, basic contents and final compliment. At the reference the full name of the sender and addressee is given. Further in the text the full name of the sender and addressee is not required.

If some pages of the note are required, only the first page is printed on the note form and others on notepapers.

The verbal note is not signed, but in some countries it is approved by the person, letting it out.

Verbal note also is made at inquiry of an agreme'nt in written form-

Embassy of Lithuania

The embassy of Lithuania testifies the respect to the Ministry of foreign affairs of the Republic of Kazakhstan and has honor on behalf of the government to ask the agreme'nt of the Government of the Republic of Kazakhstan on the assignmentH.E. Mister (name,, surname) Extraordinary and Plenipotentiary Ambassador of Lithuania.

The embassy has honor to enclose thus the brief biographic information on Mister (surname), who is now the Head of the Department on cultural relations of Ministry of foreign affairs.

The embassy uses this opportunity to renew assurances of the rather high respect.

To the ministry of Foreign affairs of the Republic of Kazakhstan (date)

(Almaty) Astana (seal of the Embassy)

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The answer-back note-

The ministry of Foreign affairs of the Republics of Kazakhstan

The Ministry of foreign affairs of the Republic of Kazakhstan testifies the respect to Embassy of Lithuania and has honor to inform, that the Government of the Republic of Kazakhstan agrees to an assignment H.A. Mister (name, surname) Extraordinary and Plenipotentiary Ambassador of Lithuania to the Republics of Kazakhstan.

The ministry uses a case to renew to Embassy of an assurance in the rather high respect.

To the Embassy of Lithuania (date)

Astana (Almaty) (a seal of the ministry)

The memorandum and memorable note concern to the diplomatic documents, which have no neither reference, nor final compliment. Usually in the memorandum the actual or legal part of any large problem is informed.

The example can be served by the memorandum devoted to the problem of CIMTA. That is the memorandum of the participants of CIMTA session at a level of the assistants of ministers of foreign affairs (Almaty, 3,12.1997). The Kazakhstan memorandum contains the offers on the further development of CIMTA process, having huge importance not only for the regional security of the Asian continent, but also for global security.

If the memorandum is entrusted as the independent separate document, it is printed on the note form of a Ministry of foreign affairs or an Embassy. Under the text of the memorandum the place and date of delivery or departure is put down.

The memorable note, as its name describes: a note for a memory. The memorable note on a usual paper in impersonal form, for example is printed:⁴¹ expresses the wish ". The usually memorable note is handled at a conversation to pay attention the interlocutor on told, to the importance of mentioned question, to warn an opportunity of wrong

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i nterpretation or understanding of the conversation. Basically, the memorable note concerns daily matters. The memorable note is not signed.

The individual letter of semy-official character is sent to the well familiar official persons with the request to assist in the decision of questions being the subject of official negotiation. The individual letters are sent also then, when their departure in the official order is not desirable.

Besides to the individual letters of semy-official character concern: the letters of the invitation, letter with expression of gratitude, letter confirming the invitation.

Sample of the individual letter:

Almaty, (date)

Dear mister the Ambassador,

Coming back to our yesterday⁷s meeting, I want once again to thank you for the kind invitation to the concert of actors of your country.

My wife and 1 have received the large pleasure from the skilful performance of your actors.

The evening, spent in your house, remain in our memory for a long time.

Accept, mister the Ambassador, assurance of my deep respect to you,

(Signature)

The individual letters are written on a usual paper. As it follows from the given example, the final compliment is obligatory.

The individual letters of semy-official character promote an establishment and expansion of relations. As the Soviet diplomat Popov VX writes. "... For example, in England, there is an order, when after the invitation to narrow reception (lunch, dinner), in particular at the first acquaintance, such letter, the absence of it usually means that you wish to continue acquaintance or prefer by this meeting to finish your attitudes (absence of the letter). With the personal letter the books, flowers, souvenirs" are sent.

The individual letters are not the basic diplomatic document, but the importance of them should be underestimated in conditions of close familiarity. Use of the form of the personal letter concerns not only to ambassadors and envoys, but also to other diplomats.

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T he statement of a Government and a Ministry of foreign affairs

have no the strict forms. It essentially expands their opportunities from the point of view of the character of the statement and the illumination of problems. The statement of a Government can be the direct reference to other Government or the statement of the position of a state on this or those problems. Frequently statements of a Government are published and if necessary directed to an embassy with the note.

So, the large resonance in the world was caused by the Statement of the Soviet Government of August 13,1987 in support of efforts of five Central-American states - Guatemala, Honduras, Costa-Rica, Nicaragua and vSalvador - on the settlement of the conflict in Central America and the establishment of strong peace there.

Formally this document has no concrete address. It is inverted not only to Governments of the conflicting countries, but also to Governments of all countries, who acts from positions of preservation of the peace and stability.

The Statement of the Ministry of foreign affairs is devoted to the most important international problems and the issues of bilateral relations.

There are to two examples of the Statement of the Ministry of foreign affairs of the Republic of Kazakhstan-

"The Republic of Kazakhstan regards rocket-bomh impacts of the NATO armed forces on the territory ofYugoslavia as holding transition to power methods of the sanction of the Kosovo crisis. It has resulted in the escalation of international tension.

Kazakhstan acts for the support of co-coordinated international efforts directed on the maintenance of stability in Yugoslavia and Balkan in whole. To avoid the further intensity and new human victims it is possible only with the help of the effective and co-coordinated measures of all international community, with use of the UN mechanisms and OSCE. The opportunity of the termination of bloodshed in Yugoslavia still exists. It is necessary to arrange on an immediate withdraw of the Serbian armed divisions from Kosovo, to renew negotiation within the framework of a Contact group, and also to ensure unobstructed delivery of the humanitarian assistance to civilians.

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The purpose of this Statement of the Ministry of foreign affairs of the Republic of Kazakhstan is acquaintance of a world community with the estimation of the Kosovo events, This document is of interest also because it contains new ideas and offers.

Other Statement MFA RK concerns the creation of a united state by Russia and Byelorussia-

"The unification of Russia and Byelorussia reflects infernal policy and economic tendencies of the development of these states. Each state has the sovereign right to enter or not enter into those or other associations.

Kazakhstan faithfully concerns to this right and as a whole to politics of the partners in Commonwealth of the Independent states and Customs Union,

The President Nur sultan Nazarbaev, consistently acting for the deepening of integration processes in bilateral and multilateral formats, being by the initiator of the creation of Customs Union, has brought the offer to accept the program " Ten simple steps towards to the ordinary people "and to sign the agreements on Customs union and unique economic space. These large documents are planned to ratify at the following session of the Board of Customs union.

Kazakhstan also has signed a number of the important bilateral documents with Russia and Byelorussia, having an object for the further deepening of friendship, co-operation and integration communications inverted in XXI century.

At the same time our state in view of its geopolitical position and achieved level of integration in mutual relation with the states - members of CIS has no intentions to enter unions with other countries with simultaneous introduction of currency uniform, budget, common state bodies, citizensh ip.

Kazakhstan hopes that the given position will be perceived by all interested countries with understanding.

Astana, January //, 1999"

This Statement informed a world public about the position of the Republic of Kazakhstan on the bilateral and multilateral relations with the republics of former Soviet Union and Russia and Byelorussia in particular.

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K azakhstan, being an independent state, is not going to renounce its sovereignty and to enter unions with other countries.

The given examples of the Kazakhstan diplomatic documents demonstrate that they are reasonable and convincing,

ANNUAL REPORT OF EMBASSY, POLITICAL

LETTER. PREPARATION OF THE OPERATIVE -

DIPLOMATIC TELEGRAM

The annual report of an embassy concerns to the documents of interbody correspondence. Embassies, Permanent representations at the international organizations, Consulates - General and Consulates represent annual reports on their activity. The consular establishments direct also annual statistical reports. According to the established order by each ministry, the reports can be represented quarterly, for half-year or for one year.

The annual report of an embassy is usually written under the direction of senior diplomats of an embassy, basically by an envoy or a councilor. In my practice of a diplomatic service the writing of political reports of embassies passed under such circuit. Usually before writing of the report the head of foreign policy representation convoked operative meeting, at which the sections of it, responsible groups of diplomats or senior diplomat, who according to their duties were earlier engaged by the given problems were defined. The head approved the plan of a work, in which responsible persons and term of performance of materials on appropriate directions were specified. Further, the main question of the annual report was co-ordination of materials prepared by diplomats on various directions. So, the group preparing materials on internal policy should coordinate the materials with an economic group. The diplomats responsible for the section of external policy should co­ordinate with the group of bilateral relations. Usually an envoy or a councilor carried out this responsible, coordinating work in an embassy. He was engaged in the item of information unifying of all prepared materials of the embassy political report and worked on the style of these materials. In drawing up of the annual report practically overwhelming majority of diplomats participate.

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Let's consider the plan of the political report of an embassy made in a little bit simplified variant.

1. Introduction;

2. Internal policy;

3. External policy;

4. Bilateral relations;

5. Information-propaganda work;

6. Consular work;

7. Organisation-personnel issues;

8. Proposals.

In an introduction the brief characteristic of the political and socio-economic situation of a host country and the condition of bilateral relations are given.

In the section of internal policy the changes of political forces arrangement in a host country, as we assume, the result of parliamentary elections first of all are marked. It is necessary to give the characteristics of reasons, which have brought opposition parties in the victory of parliamentary elections and also appearance of a new political situation in the country. The new political situation promotes appearance of new political groupings, it is necessary to give the characteristics to them.

Past parliamentary elections (as we have assumed) have resulted in arrival of a new Government. In the report there should be analyzed the reasons of the former Government resignation. It can be an adverse of economic situation of the country, political miscalculations of the Government, decrease of a vital level of the population, fn the report the estimation of the activity of the Government for the accounting period, its positive and negative results should be given. It is necessary to consider whether there is a crisis phenomenon in an economy and how to overcome the deficiency of the state budget and payment balance of the country. It is desirable in the report to result the brief characteristics of a management of a host country.

The characteristics on the political and public figures, diplomats, businessmen, figures of culture are made so that somebody in MFA should know about their political sights, public activity, and political role of the country. His relations to the accredited country and his authority in home country are underlined by all means. If there are his

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p rinted works, it is necessary to specify them. The characteristic should contain both positive and negative sides of the person. The marital status, the structure of his family and whenever possible characteristic on the spouse are necessary to inform.

The characteristic should contain only checked up facts and items of information and also proved estimation of his activity. Mistakes or omissions in the characteristic are inadmissible. Absence of a mention that the visitor is the vegetarian can result in failure of a dinner. It is necessary to note religious sights. The characteristic of the economic program, developed by the Government (for example, the program of overcoming of state budget deficiency, new law on a taxation, new strategy of a privatization etc.) is usually given in the section of internal policy. Analysing the Government activity for past year, it is necessary to result the data on level of industrial and agricultural manufactures, foreign trade revolution, external debts of the country, size of currency stocks, volume of the invested capital, condition of its population, presence of unemployment, if those are available. If at the program of the Government there are elements of an exit from crisis, it is necessary to stop on them (for example, restriction of excessive charges state apparatus, abolition of some official bodies, reduction of privileges etc.). To show, what items of the economic program are performed and what is not present. Whether the activity of a new Government in the crisis phenomena in the country, decrease of a vital level, rise in prices on foodstuffs and essential commodities, aggravation of social intensity in the society have resulted. The theme of interaction of three branches of authority (legislative, executive and judicial) also should be reflected in the annual report.

At the end of the first unit it is necessary to give the brief characteristic of a socio-economic situation in the given country for accounting year, a condition of payment balance, external debt, rates of a privatization.

At the writing of the unit of external policy of a host country it is necessary first of all to reflect a place of the country in global policy. For example it is in such plan. The external policy of a host country is directed on maintenance of the diplomatic relations with various countries (it is possible to demonstrate figures), participation

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i n the international organisations, development of co-operation in military-political area, participation in various regional organisations. The directions are priority in the field of bilateral co-operation with the countries of EU (Germany, Austria, France). The co-operation with the USA and Japan became active. The relation with the neighbouring countries remains friendly.

Host country (name) aspires to integrate in West-European and Euro Atlantic structures, making active communications and contacts with EU and NATO at all levels and in all directions.

The Government of the country, as well as the former Government, most priority directions of external policy considers the reception of the status of the full member of the European Union and integration in military structures of NATO.

Simultaneously the management of the country aspires to restore the broken off communications with the countries of CIS (Russia, Ukraine, Moldova, Kazakhstan etc.). The diplomatic relations with many countries of the former USSR are established.

The management of the country actively uses international conferences, which are taking place in the capital for the achievement of a progress in integration in EU and NATO, in negotiations with delegations of various countries.

In problems of the settlement of international conflicts it acts for the peace political decision, giving the special meaning to the UN peacekeeping operations.

The basic principles of external policy of a host country are pragmatic, steadiness, forecasting.

The bilateral relations develop on the basis of signed earlier documents during visits of the heads of states and Governments (it is necessary to specify documents).

The prior directions of the foreign policy interaction are problems of the international and European security, integration processes between the Eurasian states. In the report it is necessary to concentrate positions of a host country in problems of the creation of the global system of a security, the settlement of conflicts and connection it with the position of the country.

In the report the major factors in the development of trade-economic

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c o-operation (.signing of the conventions, agreements, documents etc.) should be displayed. Priority directions of bilateral co-operation in various areas (agriculture, industry, military area, culture, education, sports etc.) further are displayed.

The section of information-propaganda work covers the activity of operative - diplomatic structure on distribution of the information about own country among the officials of a host country, representatives of business and financial circles, journalists, members of local diplomatic corps. In the report it is necessary to specify in what mass media there were materials and to what questions they were devoted.

The information-propaganda work depends on the status of the country and from here directions of the embassy activity are defined.

What steps are undertaken by the Ambassador for the distribution of information about his country, about foreign policy initiatives of the management of the country (statements at the TV program, round tables, interviews, press - conferences).

The tribunes of international organisations are used by diplomats for information-propaganda work too.

Consular work has special section. The RK Embassy activity with the Kazakhstan citizens on consular issues (rendering assistance at the registration of documents, settling of problems with officials of a host country etc.) and with the Kazakhstan citizens constantly living in a host country (maintenance of constant contacts, invitation to various meetings), registration of the visas for the citizens of a host country etc are submitted.

If Consular convention and Agreement on the order of entrance and departure of the citizens of two countries are signed, it is necessary to present results of these agreements action.

The organisational-personnel issues reflect work with the staff. In the report improvement of professional skill of the staff should be reflected, the estimation of a moral climate in an embassy and the occupation of all list of staff are given, the offer on the raise of diplomatic workers in their posts and ranks are made.

If the business trip of diplomats or other employees is finished, the characteristics and recommendations about their further use in MFA are directed to the Staff department. In case of non-scheduled sending

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b ack somebody from the employees the certain information is directed to the Center. Work among the family members of the workers of foreign policy representations is also stated in this section.

In the conclusion of each report the proposals of basic character, offer on development of relations with a host country or appropriate international organisation in the next calendar year are given. To such proposals may concern: the offer on the organisation of a state visit, the necessity of signing of appropriate documents, the realisation of an exchange of parliamentary delegations of two countries, the realisation of sessions of bilateral intergovernmental commissions etc.

The report other materials (structure of a government, list of parliamentary parties, calendar of national day and celebrations of a host country, various statistical materials about the budget of a host country, conditions of bilateral trade, the armed forces of a host country and also the list of information-help materials of an embassy etc.) are applied in addition. Provisional volume of the reports changes from 20 up to 40 pages of the typewritten text. The term of the representation of reports is not later than February 15 of the current year.

The annual reports of embassies and representations at the international organisations are directed to appropriate departments, supervising them in MFA.

The most important estimations, conclusions and offers contained in the annual reports, supervising divisions report the appropriate Deputy-Ministers.

The territorial departments prepare the conclusions on the report and direct them to an embassy within one month. The conclusions of the Center on the reports contain an assessment of works of embassies and representations at the international organisations, the analysis of conclusions and offers and what measures are undertaken by MFA for their realisation.

The political letters are directed to the Center when there is a necessity to inform MFA, management of a state on the important events inside a host country, about the bilateral relations, when it is necessary to undertake additional measures, to carry out any initiatives. Usually Ambassadors direct the political letters between the annual reports, that the information is collected altogether. The analysis and

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g eneralisation of the saved materials requires the certain reaction from the part of MFA.

The difference of the political letters from other documents is that politletters are devoted to the important themes (estimation of the government policy in a host country) and require the duly information. On the other hand, politletters contain all-round analysis and recommendations of an embassy in protection of interests of the country. Sometimes foreign policy representations direct to the Center politletters on the certain items according to the Plan of information-help works. Usually in the Plan for the second quarter the writing of the politletter on a theme - About the position of a host country on foreign policy problems is provided.

Politletters are directed to the Center, when in the life of a host country become ripe serious changes in internal and external policies, opportunity of change of authority, management of that country. For drawing up of the political letters there are no certain rules. The last copy of politletter is prepared by a narrow circle of persons (envoy, councilor) and signed by the Ambassador. The discussion of the political letters, if it is discussed, also passes in a narrow circle. Now the political letters is established no more than 8-10 pages.

The conclusion on the political letters is made by territorial or functional departments of the ministry and is directed by the signature of the head of a department (director of a department) within two weeks after their arrival in the Center.

The senior diplomats (envoys, councilors, sometimes from the sanction of the Center other senior diplomats) carry out the preparation of operative - diplomatic telegrams. Usually telegrams are devoted to the important and urgent matters. Sometimes the most essential and urgent part of political letters transfer by the code on telegraph (secret cable), if the information is required to be sent to the Center urgently.

Cable information should be based on serious sources, not repeat materials of mass media. The telegram should contain the exact and important information, to be compressed without superfluous words, to contain the analysis of the stated information and offer. The size of the usual telegram is 1-2 pages of the typewritten text. Style of the telegram is simple, laconic, convincing without superfluous details.

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T he telegram should reflect the point of view of an Embassy on this or that problem, instead of being arranged under the opinion of a Government, Minister. At drawing up the telegram it is necessary to be guided by an objective estimation of events, absolutely exact statement of the facts and offers directed on the protection of interests of the country and its citizens.

The example of the operative - diplomatic telegram I would like to bring from my practice. In 1974 in the Turkish Republic parliamentary elections should pass. Before the diplomats of the USSR Consulate -General in Istanbul and the USSR Embassy in Ankara there was a task to guess results of forthcoming elections. Six big parties participated in the elections, behind which there were various political forces. Having studied all possible variants from various sources, I decided to meet one of the influential and rich businessmen, with whom I was well acquainted. After our conversation concerning the bilateral relations, I casually had taken an interest, which from parties can reach authority. Without any fluctuations my interlocutor told that as the People-Republican party (PRP) within the framework of an existing regime is going to carry out democratic reforms and it will win. From other sources I managed to learn that my interlocutor financed PRP. Having compared all received items of information from various sources I urgently transferred the operative - diplomatic telegram to Moscow that the People-Republican party will come to authority as a result of elections. My forecasts had come true, but the forecasts of the USSR Embassy in Ankara were in other way and it had caused some unpleasant moments personally for me.

In conclusion it is necessary to stop on the style of telegrams. The form of the telegrams should be simple. It begins with the title, which reflects the contents of the telegram. The telegram is signed by the Ambassador or in his absence by the Temporary Charge de affairs of an Embassy or the Consul - General during his absence by the Consul-manager of a Consulate - General. The very interesting example is demonstrated by the Soviet diplomat Popov V.I. One Ambassador sent a telegram to Moscow about the budget of a host country in 10 pages. He received from Moscow the remark that a theme and size of the telegram have not justified the charges on it, the data on the budget

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c ould be sent with diplomatic mail. "Henceforth charges on such telegrams will be paid in currency from your wages".

The text of the telegrams should be clear, the characteristics should be bright, not causing any doubts.

Small quantity of the persons could be acquainted with the text of such cable.

INFORMATION-ANALYTICAL WORK. THE INFORMATION ON THE SCHEMA

The information-analytical work is the basic activity of an embassy. The information-analytical documents are made on the diversified subjects representing interest for MFA of the accredited country. Here firmly certain rules do not exist. In each concrete case the most urgent theme is defined. At a spelling the main role is played by presence of sources and not only materials of mass media, but also received during meetings and conversations with the representatives of various circles of the country.

The reviews should be based on exact, checked up facts, at quotation of the political figures of a host country, at given figures the sources should be specified. The basic requirements to information materials -they should carry analytical character, on the basis of which the conclusions, and whenever possible offers on the MFA activity and an embassy are made.

The information-analytical documents make the basic written production of an embassy (not considering telegrams). The subjects of information are made for one quarter or half-year and in process of development of events are supplemented. All structure of an embassy, except for an Ambassador and envoy take part in drawing up of these documents.

The information should be written, like other diplomatic documents of internal correspondence, in simple and clear language. There should be nothing superfluous in them. Volume of documents does not exceed 10-12 pages of typewritten text. The information should have the exact address, come to an end by the signature of the executor, indication of his post.

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In some embassies there are practice of the discussion of prepared information -analytical materials at the meeting of diplomats before their final registration. It promotes both improvement of the information and increase of professionalism of diplomats.

For an example, let's consider how the information -analytical document on the theme - Economic development of the countries of Central and East Europe is made. This theme is interesting for the Republic of Kazakhstan while the countries of Central and East Europe have entered in the way of transformations considerably before Kazakhstan. The starting conditions of the transitive period were difficult for all equally. These countries have saved useful experiences in overcoming of crisis situations and creation of democratic institutes. The sources for writing of this information were served by annual statistical materials issued in these countries, governmental bulletins, statement of the heads of the countries of Central and East Europe, meeting with the conducting economists, diplomats, materials of mass media etc.

At the beginning of the information the brief characteristic of the crisis period of the end of 80-ties and the beginning of 90-ties is given, when the countries of Central and East Europe overcame from one political and economic formation to another. There is information of the results of the realisation of monetary economic policy (strengthening of social intensity, unemployment, fall of a vital level). As the agreements made with IMF and the World Bank, sucli as observance of state budget deficiency at a level of 4-5 % of gross output are carried out. It is recommended to demonstrate the volumes of credits represented by IMF depending on performance of conditions of the international financial organisations to the countries of East and Central Europe in 1990-1995.

It is possible to note that the attributes of stabilization in delay of rates of recession of manufacture and maintenance of an acceptable rate of inflation, change of structure of employment, reform of the budget, reform of system of state financing, expansion of process of a privatization analysing the processes of economic development of the countries of the named region and creation of competitive industrial base are observed. For the membership in the European Union it is

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n ecessary to lift an economic level of the states of region with attraction of western capital for the support of carried out reforms. The resolute and rigid measures on improvement of national economy, undertaken by the Governments of these countries, due results do not yet bring. The available certain successes do not yet allow seriously reflect on speed acceptance of these states in the European Union.

The states of the region reconsider the economic interests in the part of fastest restoration of the lost connections in frameworks CEMA (Council of Economic Mutual aid existing up to the USSR disintegration), and also activation of the relations with the countries of CIS (Russia, Ukraine, Kazakhstan) leaving a priority direction of integration in the West-European economic structures. Number of priority directions of bilateral co-operation with the countries of CIS includes the economic, trade, cultural relations.

The information on the results of the carried out economic transformations in the countries of the region, inflow of the investments in various branches of economy (energy and gas supply, communication, bank and insurance business etc.), increase of a share of private sector and the possible variants of development of a situation in these states is analyzed in the conclusion.

In brief we'll consider a course of writing "The Information on internal problems". On the basis of the information assembled by the workers of an Embassy from open and closed sources the above named document is made. From the information it should be clear, as far as political conditions in the country is stable, which parties both the circles supervise a situation and what factors render no destabilized influence on conditions; what influence on a situation can render the forthcoming important events (elections of a president, in a parliament, top-level visits) in what direction the development of internal policy events will influence an external policy of the given country.

Another interbody document, which writing is planned beforehand, is "The information on the basic political parties of a host count r". This information informs the Center on the basic political parties, organisations and public movements of a host country and helps more deeply to understand the programs, strategy both tactics of political parties and movements. Whenever possible in the information it is

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n ecessary objectively to estimate the role and place of each of these mentioned parties and organisations in political life of the country, to show the tendencies and prospects of their mutual relation. It is very much welcomed by the Center, if in the information at the characteristic of parties and movements their positions in the attitude with the accredited state, presence and expediency of maintenance of contacts with them are underlined.

By other important information document, which an embassy prepares is the information on the position of a host country in the basic international issues. This document is also planned beforehand. It can be updated for the next session of the UN General Assembly, visit on the highest level.

The reviews of a press belong to information -analytical materials. In my activity the review of a press by diplomats was very much distributed. Now situation has changed a little. In the English speaking countries, where all diplomats know the English language, there is no need to make the reviews of a press. This work is regularly carried in other countries, when only two - three diplomats can speak in the language of a host country. When the Ambassador does not know the language of a host country and when the members of delegations do not know the language of the country and also officials under the separate assignments of MFA period come there for the certain the review of a press could be carried out.

For example, the reviews are made under the responses of mass media to the reaction in a host country on the visit of a governmental delegation, on change of a Government in the accredited country. The review of a press is necessary in embassies in combination that the Ambassador in combination and MFA knew about the basic events appearing in the country, where there is no full staff of an embassy.

The reviews can be made for the short period or on the certain subjects.

The reviews are made on various issues: the position of a host country during the Yugoslavian crisis, the problem of introduction in NATO, elections in a host country etc. Subject of the review usually are most leading, solid newspapers and magazines of the country. At the review the political orientation of the newspapers, journalists and their

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o bjectivity or on the contrary, their engagement is underlined. At drawing up of the review 4-5 basic newspapers are undertaken. The review should be made every day operatively not later than 10-11 o'clock, it is usual the beginning diplomats make it.

Radio - and telecast, where the important political figures and known commentators act, have the large meaning for the reviews. Usually they are made in parallel with the review of a press. These materials are valuable by that it is newest rich information, which is not requiring additional efforts. The statement of the political figures usually is taped for listening to, if necessary once again.

The review of a press by the Consulate - general or Consulate can give necessary materials about a situation and moods in the area of a consular district.

In case of visiting a host country by the state (governmental) delegation, an Embassy prepares appropriate information materials beforehand and sends to the Center for one month - 1,5 before arrival of the delegation.

The information on the schema is an interbody document, which is present both in an embassy and at the Center. It represents the complete collection containing the major data on a host country. The information on the schema reminds the issued directories on the country, but with that difference, that in the Information on the schema are indicated not only statistical data of the country, but also the developed materials on separate issues are given in which an embassy should be engaged to.

The information is always updated, but always should contain the following sections:

• General information on a host country (territory, population, geographical situation, borders, nations, religions, climate etc.);

• State structure (data base on a constitution, legislative, executive and judicial authorities etc.);

• Economic position (condition of an industry, agriculture, financial system, foreign trade etc.);

• Internal policy situation (basic political parties and public organisations, mass media, struggle for authority etc.);

• External policy (concept, relations with the basic groups of the

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s tates, position on the most important international problems, participation in the international, regional organisations etc.);

• Relation with the accredited country (political, economic, trade, scientific, cultural etc.);

• Other serious problems, demanding attention.

It is necessary to stop on characteristic features of modern diplomatic Iansua2e. First of all diplomatic speech is specific professional language. The diplomat should take possession of it and learn to understand it. It is necessary restraint in a conversation, ability to tell sharp things in a polite tone. The English proverb says: "Diplomacy is a skill to state the most disgusting things in pleasant expressions".

The statement of the French diplomat Kalier F. sounds now in time very much. In the 17th century he wrote that it was necessary to write the diplomatic documents "clearly and compressed, not using superfluous words, but not missing from a view anything, that serves clearness of a statement. Report should be marked by noble simplicity; alien as vain exhibiting of own learning and wit, and the negligence and roughness, should be free from some new superfluous expressions, it is equal as the rough and not having use in a graceful society".

German diplomat Vildner H. wrote that "Diplomatic style should differ first of all by simplicity and clearness. It is meant not as simplicity of special way of expression and classical form of simplicity, which is able to choose for each subject only one suitable word under these circumstances..."

Nicholson brightly showed the example of the specificity of diplomatic language in his book "Diplomacy",

The diplomats'speaking (1)

It is necessary to understand (2)

In such case the government has to reconsider its position

Friendship at any moment may turn to enmity

The government regards necessary to reserve the right

Government will not allow

In such case the government is compelled to take care of its own interests or reserves the freedom of actions

It is offered to break relations

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I f actions of government will be considered as the unfriendly act, the government cannot answer for consequences

It is threat of war. Government is ready to cause incident, which will result in war-It is required the answer, say, up to 6 o'clock in the evening

Ultimatum

As it is written now not all professional diplomats know and understand diplomatic language, the professionalism of this category of diplomats wishes much more best.

As Nicholson G, marks even in internal correspondence with the Minister the diplomats use language, masking original sense. He gives such an example. The English Consul-General informs MFA that one of his vice-consuls "to his great regret does not pay due attention to advice of the treating doctors". Actually it was meant that he had already become a drunken man.

Especially large difficulties arise at drawing up of the final documents (communique', declaration etc.). As the Soviet diplomat Kovolev An. writes, the most widespread method of development of the formulations of the final document is the achievement of such degree of generalisation of positions and sights, at which in what the parties are different or close, outweigh their divergences and distinctions. Always it is possible to find such word combinations and formulations, which reveal a generality of sights and positions. Kovolev An. gives typical expressions, set phrases, which frequently are applied at fixing results of negotiation or exchange of opinions.

The parties are uniform in that...;

The parties have decided to begin in a near future negotiation...;

The expediency and timeliness that was recognized...;

The parties have recognized necessary...;

The consent about expediency was achieved...;

The parties have recognized useful realisation...;

The parties hold the opinion...;

During an exchange of opinions the affinity or concurrence of sights has come to light...;

The parties agreed upon in common to consider and to develop...:

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T he parties have expressed readiness,-.;

The parties have agreed concerning importance that.,.;

The mutual aspiration was expressed...;

The parties have expressed the reliance,.,;

The parties have emphasized the large meaning...;

The consideration (such questions) has allowed ascertaining....

From the given list of various expressions it is visible, as far as the gradation of the degree of consent and a concurrence or the similarity of sights are wide. Such language is necessary for preservation during negotiation of an atmosphere of calmness and also enables to begin negotiation from the favorable starting positions and to avoid an aggravation of conditions.

DIPLOMATIC STAFF. PERSONAL QUALITY

AND SKILL OF DIPLOMAT, CENTER - REPRESENTATIONS ABROAD

1.Diplomatic staff. Personal quality and skill of a diplomat Previously we have considered in brief, what quality a diplomat should have. Now we'll stop on it more in detail. The characteristic of diplomats it is desirable to begin with the citation of the French diplomat, member of "Academy of immortal" Kambon. On the basis of centuries-old study of diplomacy he comes to such conclusions: "1 do not know an activity by more various, than the profession of a diplomat. Anyway there is no such profession, where would be so poorly firm rules and so much based on tradition, where for success the large persistence would be required... where a man should have the large backbone and independence of wit". In spite of the fact that the methods of a diplomacy and requirement to them vary, this saying remains urgent up to this day.

For a young people wishing to become diplomats, it is necessary to have sufficient preparation and to receive special education: legal, economic, diplomatic, historical ones. Besides a future diplomat should be erudite and know foreign languages, there can be not one. One can expect success in a diplomatic profession only who understands necessity of mastering by its beginnings, without that the movement

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on steps of diplomatic career is impossible. The purchase of experience depends on a character of a work. More various work, there is more successful process of transition from simple to complex, more extensively knowledge and rich experience. Here the main role is played by abilities of a man.

According to the opinion of outstanding diplomat Taleyran, qualities of "souls and spirit" necessary for successful work in the field of diplomacy are subdivided into two categories. The discretion, modesty, complete unselfishness and known height of feelings concern to the first category, which forces to feel all greatness of a duty to represent a nation abroad and to watch inside the country preservation of its political rights.

The second category is spiritual strain to study political relations, ability of good and quickly cover an essence of problems, because one occupation demands more urgent and frequently of instant reaction, known wide thinking, while in the given area all details should be generalized in a single unit.

All listed qualities taken together and advanced by practice make spirit and honor of diplomatic career.

In words of Taleyran the model diplomat should be simple, correct, modest, alien secular vanities, "he should devote himself entirely to businesses, keeping them in an absolute secret, always ready to give an information on events and people, constantly to have all agreements in memory... ",

Nicholson G. regards necessary for the ideal diplomat seven diplomatic qualities: truthfulness, accuracy, calmness, equal character, patience, modesty, and loyalty.

Let's stop on one important quality, which should be developed by a diplomat - ability to control himself, feelings, not to fall into emotion in what inconvenient situation he could appear and what difficult character of an interlocutor he has met. That is not easy task, it also requires large patience. Kambon F. wrote that "External policy is not business of feeling... Sometimes an Ambassador can appear in an inconvenient situation, but then he needs own himself ".

The statements of the French diplomat Kalyer F, made two and a half centuries ago, do not lose the meaning even now. Til bring the citation from his book 'About ways of a negotiation with Monarchs'\

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T he attentive and reliable wit, which is not affording to distract by pleasures and by free entertainment should be inherent "in diplomats; the common sense of clearly perceiving things by such, as they are; the subtlety allowing to guess, that occurs in the hearts of people; wit, speed on inventions, capable to smooth meeting of difficulties and to reconcile interests, making a subject of negotiation; equal character, quiet and patient nature open approach to the man, courtesy, easy and convertible

manner".

Speaking about necessary qualities for a diplomat, there is always a question, what his character should be. Certainly, a diplomat should not be talkative, impatient, and gloomy. As psychologists consider, the most suitable types of temperaments are choleric and phlegmatic ones. As it is probably known to you, choleric temperament is characterized by fast and intensive course of mental processes, vigorous and fast movements, expressive modes and gesticulation, high emotional nervous, sharp differences from one mood to another at significant stability of moods. Phlegmatic temperament differs by slow and quiet course of mental processes, weak and slow movements, little expression of modes, lowered emotional nervous, stability of moods at constant and quiet of their changes. The description of characters types is the scientific approach. In the life of one person the features of one type with a combination to another, so-called mixed type prevail. Probably, this type of a character is also suitable for a diplomat.

There is an opinion, with which it is necessary tc agree, that various factors render influence on the character of a man: a heredity, education and his activity, when profession makes influence on developing of those or other character traits.

All statements of Kalyer, Kambon, Taleyran and Nicholson condense experiences of the diplomacy of different countries and epoch. They converge on transferring about identical qualities, which possession admits desirable for a good diplomat.

As the Soviet diplomat Kovolev An. writes, that discretion and ability to cause, to support trust is the most important qualities, fts means not to show hurry in estimations of those or other phenomena in policy of the given country, not to adjust an information under beforehand usual sights, not to judge a state and political figures only on the basis of

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t heir statements and to compare them with practical actions, to put checked up facts in the basis of conclusions and forecasts.

The trust is caused by the diplomat, whose word is authoritative. At any circumstances a diplomat should not weaken feeling of the responsibility for statements and acts, A golden rule of a diplomat is not to try to be more considerable, than you are in actually., Fairly specified by Nicholson G. that the vanity is the most widespread and serious lack of a diplomat,

One of the main advantages of the good diplomat is the ability soberly to estimate own personal opportunities, at presence of weak parties it is necessary strictly to hold them under self-control. Besides he can compensate his weak parties at the expense of a combination to abilities and knowledge those who work with him very closely. If somebody from managing party of a diplomatic service fails in personal contacts, he should aspire to have a number of employees, who have an ability to fasten and to support such contacts.

For all diplomats, what country he would represent, valuable quality is his internal conviction, that carrying out policy of the country, which conductor he is₅ expresses external policy purpose, radical interests of his country and people.

As follows from the stated above material, diplomacy concerns to number of such profession, which does not bear primitivism_T work for nothing and requires the presence of a skill,

2. The center - representations abroad

One of the most important qualities of a diplomat is the loyalty. Loyalty is understood as fidelity to his state and government, political line, which is formulated by the President and Minister and the Ambassador is possible to be informed through MFA. The Ambassador should strictly carry out all instructions of the Center and to be disciplined in the widest sense of a word. The principle of loyalty is one of the requirements showed to diplomacy and diplomats. During the preparation of young diplomats in the American diplomatic service the special attention to loyalty of the diplomats pay attention. The instruction says: "Inform the truthful information, instead of that heads want. Carry out the accepted decision, even disagrees with it".

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T he American Ambassador Makomber U. considers that "the loyalty means... a diplomat has no the right publicly or in individual order to act against the leaders of a government, which he serves. But if a diplomat disagrees with the policy of a government, he has not only the right, but he is also obliged to tell about it. Actually he will be disloyal, if he will not make it".

In diplomatic practice there are cases, when diplomats, not wishing to afflict with the pessimistic information their government or not wishing to complicate the relation with a host country, give inexact information, it is usual more pink one, which does not demand any resolute actions. Sometimes Ambassadors consider actions of the government too sharp and soften separate expressions.

As Kambon spoke, at a diplomat "independence of judgments should not reach... up to an infringement of a discipline".

What should be done when a diplomat, an Ambassador disagrees with the received instruction, with the foreign policy line of a government. We have already told about such situation earlier. The diplomat should be resolute and not be afraid to assert his point of view, not caring about his career. If he will not make it, he enters into the conflict with his own conscience. At the same time a diplomat should be disciplined. As one of the English diplomat says "one who should act on behalf of a government, he should be able also to object it" and obeys, when it does not concern basic problems. A government has the right to the point of view and can have more extensive information, than an embassy, for the acceptance of decisions ff the government disagrees with opinion of an Ambassador, the latter should "Se soumettre ou se demettre" - to obey or to submit to a resignation.

Other example, when diplomats disagree with the policy of a country and how it results. During Czechoslovak events, 1968 the majority of diplomats condemned a line both actions of the government and countries of the Warsaw Pact. The diplomats of the Czechoslovakian embassy in Great Britain openly criticized their government and even created the parallel embassy of the country in London. But the Englishmen did not want to deal with them. In the article published in a magazine "Diplomatic", close to Foreign Office, it was written that the opposition diplomats had ceased to be the diplomats, as they did

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n ot represent a government. For England and all official persons of the country the relation with the Czechoslovakian government and who represent it was important. "We need to know what the Czechoslovakian government thinks and also what policy it will carry out, instead of decedents".

Ambassadors and diplomats should have the large art for realization of business purposeful conversations for performance of those or other orders of the Center. These conversations allow to clear questions, the answers on which essentially can add, correct own supervision and correctly focus the government about a condition and prospects of relations with it.

Time brings in additions and amendments for preparation of a carrier diplomat. Today future diplomat receives an opportunity to hold an intellectual luggage in special educational establishments and to get necessary knowledge in the field of a history of the international relations, international law and other important public disciplines. The necessary experience collects in the organization of a diplomatic service, in use by it the new forms and methods, including with the help of modern engineering. All this allows the diplomats to become experts of a new time.

Significant changes, occurring in the world, render influence on modern diplomacy and accordingly on the diplomats. Kambon G. wrote: "Diplomacy will have always Ambassadors and envoys, but question is whether it will have diplomats?"

The main danger for modern diplomacy is the irresponsibility, which is encouraged with modern politics. For example, the main reason of small efficiency of the CIS countries diplomacy has appeared by dispensability of the states in performance of their decisions and absence of the control behind its execution.

Above we spoke that the main condition of successful work of a diplomat, an Ambassador in particular, is the ideal knowledge of a host country and its policy. It was considered that if a Ambassador conducts business well, has steady and useful communications in a host country, to change him to another, who for an establishment of confidential contacts and the study of that country will spend some years, does not bring any benefit. The professional diplomat accumulates the experience

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o f a work in the given country in due time. If he stays in the country for a longer lime, he will bring the large advantage to the native land. For example, in the Soviet time Rizhov was the Ambassador in Rome for 12 years, Vinogradov- in Paris foil2 years, Dobrinin- in the USA for 23 years.

However last years the term of a stay of diplomats on one place is reduced everywhere till 3 years (England, Germany, Italy, the USA). For an explanation of terms of a stay of diplomats abroad the Americans have invented the term "localities", that means - local interests, local patriotism. As Nicholson writes in modem diplomacy basic mistake began to be considered "infringement of complete and absolute loyalty concerning a government, to which he serves". Diplomats, who are staying in a separation from his native land for a long time, lose connection with the people, prefer interests of the country of a stay, ceasing to notice its lacks, there is merging of a diplomat with a host country. The US State secretary Kissinger has developed strong struggle with "localities". The US began to nominate Ambassadors in the countries, which are not having any relations to their specialization. In a result, funny thing sometimes turned out. In time of the siege of the US embassy in Teheran in 1971 American diplomats could not even read the anti-American slogans, written in the Persian language, and requirement that the diplomats have to leave the country.

We spoke repeatedly about the requirements addressed to the Kazakhstan diplomats. It is necessary to remind once again, by what principles the Kazakhstan diplomats should be guided:

1. The diplomats should by means, accessible to them, protect the sovereignty, security, territorial integrity and indestructibility of borders of the Republic of Kazakhstan.

2. The diplomats are obliged steadily to assert strategic interests of the country and its mutual relations with other states and international institutes.

3. The diplomats should be devoted to the native Land, to the people and show unconditional loyalty to the Head of a state.

4. The diplomats are obliged to have all necessary knowledge in the field of international law, global policy and economy, it is good to know foreign languages.

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5 . The diplomats should, as much as possible, promote distribution of the objective information abroad about the Republic of Kazakhstan, promote strengthening of the international positions of the country.

This professional - moral code concerns the Ambassadors in an equal measure. The Kazakhstan diplomats should correspond to the modern requirements of a diplomatic service, which become complicated in every year.

Acting at the session of the extended board MFA of Kazakhstan in 2000, President N.A. Nazarbaev noted that in the first years of the independence the Republic of Kazakhstan had no enough necessary professional diplomatic personnel. The basic emphasis at selection of the personnel was done on a political experience and the knowledge of a life.

Now the knowledge of the language of a host country should be obligatory for all diplomats. The Ambassador should be intellectual of his business.

The realization of active external policy of the Republic of Kazakhstan, combining methods of traditional diplomacy with economic strategy, requires increase of economic knowledge of diplomats in the Central staff and abroad. At a practical level foreign policy body should be engaged with problems of economic diplomacy and there is the sharp question of a personnel. The preparation of the diplomatic personnel goes on uniform system from an institute, through the work in the Central staff of the Kazakhstan MFA and its representations abroad and until to the arrival in the Diplomatic Academy for the improvement of professional skill or retraining.

Appearing processes of globalization raises the requirements to the activity of the RK Ambassadors and Embassies in connection with it. The President has put real tasks before the diplomats of Kazakhstan in connection with it: "the diplomats should conduct constant monitoring of an apportion of forces in international arena, to analyze a progress of large foreign firms to the global markets, to follow the role of the largest financial structures in creation or overcoming of crisis situations. It is necessary to be able to analyze movement of the capitals, to participate in development of measures on the national capitals safety, both state and private, participating in an enterprise activity abroad.

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The diplomats should own information technologies, to be able freely use electronic databases, to work with information sites, competently to co-operate with mass media".

The introduction of the state language in diplomatic practice is carried out regularly and that process requires long time. The management of the Central staff and foreign policy representations should use the state language at official meetings, as it is accepted in world practice. The employees of a diplomatic body should study and apply the state language, as it has political importance.

In the conclusion, It is necessary to add that the diplomatic activity is very responsible. This activity is connected by a direct image with the interests of its country, people, present and future. That's why the feeling of the responsibility of a diplomat in the activity can serve enough exact measure of his patriotism.

THE BASIC TASKS OF THE KAZAKHSTAN CONSULAR SERVICE. ORGANIZATION OF ITS

WORK AND STRUCTURE. THE CONSULAR CHARTER OF THE REPUBLIC OF KAZAKHSTAN

1. The basic tasks of the Kazakhstan consular service consist in

"realization of consular functions regulated by the international-law rules and the legislation of the Republic of Kazakhstan in the territory of Kazakhstan and abroad".

The tasks and functions of the Kazakhstan consular service consist in protection of interests of the Republic of Kazakhstan in a host country, legal and physical persons, assistance to development of political, economic, scientific, cultural and other relations between accredited state and state of a stay.

The consular service of Kazakhstan should promote development of trade, economic, cultural and scientific communications between states, finding - out of conditions and events in trade, economic, cultural and scientific life of a host country and message on them to the government. The duty of active adjustment of contacts with the businessmen of a host country, study of an opportunity of mutually advantageous co-operation between Kazakhstan and a host country lays

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o n a consular service. The maintenance of reliable economic security of the state also is included into tasks of the consular service.

Other not less important task of the consular service is the protection of rights and interests of the Kazakhstan citizens constantly living abroad or temporarily leaving the Republic.

The rendering of legal services in the Republic and abroad such as legalization of the documents, notaries actions, registration of the certificates(acts) of a civil condition etc. are included into tasks of the consular service.

One of major tasks of the Kazakhstan consular service is the control of realization of the treaties and agreements on consular problems, which promotes protection of interests and rights of the citizens of Kazakhstan in foreign states.

The perfection of passport-visa work belongs to priority tavsks of the consular service.

The modern Kazakhstan consular service develops in the following directions for performance of the above-stated tasks: development and perfection of treaty-legal and interstate normative bases; increase of the role of the consular service in protection of economic interests of the Republic of Kazakhstan; active work in protection of interests and rights of the Kazakhstan citizens in other countries; increase of quality and quantity of rendered legal services; interaction with other ministries and departments in the control of migration flows, entrance and departure from the Republic of Kazakhstan.

The consular service is a component of the diplomatic service. The realization of consular functions is assigned to the Department of the consular service of MFA of the Republic of Kazakhstan and consular points in some regional centers of Kazakhstan, at the international airports of Almaty, Astana, and Atrau. Abroad consular functions are carried out by the consular sections of the diplomatic representations

and independent consular establishments of the Republic.

■

2, The organisation of work and structure of the consular service

of MFA RK is constructed on the basis of the Republic of Kazakhstan laws, international and internal conventions on the consular service, and normative acts of RK.

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T he Department, of the consular service being one of the leading departments of MFA RK, conducts the issues of the consular service and takes direct participation in the performance of the Republic of Kazakhstan foreign policy tasks. The Department works in close interaction with other divisions of MFA RK, located in the territory of Kazakhstan, abroad and also with the ministries, departments and organizations of the Republic.

The Department of the consular service consists of territorial and functional divisions. The divisions of the countries of America and Europe, the countries of the Middle East, Africa and Asia concern to territorial divisions. The territorial divisions are engaged in problems of development of consular relations with the appropriate foreign states, control of the observance of consular conventions and agreements, signed between the Republic of Kazakhstan and other countries. In conducting territorial divisions there are the protection of rights both interests of Kazakhstan and its citizens in the territories of supervised countries, assistance of foreign consular establishments activity in the territory of the Republic of Kazakhstan.

Functional divisions are passport-visa, general consul-legal issues and chancellery. Passport-visa division, as follows from its name, makes out the foreign passports, foreign visas. The division of general consul-legal questions prepares the projects of consular conventions and agreements on without visa or facilitated visa mode with various foreign countries, takes part in the preparation of treaties about the legal help, agreements on co-operation in social area and prevention of cases of double citizenship.

Management of diplomatic representations in host countries direct the consular establishments work abroad. As follows from direct tasks, consular establishments protect the right and interests of Kazakhstan, legal persons and citizens abroad.

Consular establishments are the consular divisions of diplomatic representations of the Republic of Kazakhstan, Consulate-Generals, Consulates and consular agencies. At present Kazakhstan has 43 consular establishments, including 30 consular divisions in diplomatic representations and missions, 3 Consulate-Generals, 10 consulates and consular agencies.

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T he consular divisions of diplomatic representations are headed by managing of consular divisions - Consuls. These divisions carry out the consular service of external communications of the Republic of Kazakhstan with a host country and provide legal protection of legal persons and citizens of our country in the territory of a foreign state.

The consular divisions are guided in their activity by norms of international law, acts of the Republic of Kazakhstan, instructions and orders of MFA RK and by the orders of an Ambassador and also legislative norms of a host country. Ambassadors as agreed with MFA define structure and staff of consular divisions.

Consulate-generals, Consulates, Vice-consulates, Consular agents are headed accordingly by Consul-generals, Consuls, Vice-consuls and Consular Agents.

The site of consular establishments, its class and consular district is determined as agreed with the state of a stay.

The Department of the consular service of MFA RK within the limits of its competence carries out management of an activity of consular establishments of the Republic of Kazakhstan. Department gives offers for the development of consular relations with foreign states, negotiates and has consultations with the representatives of various countries under the assignment of MFA. It prepares offers on opening of consular establishments of the Republic of Kazakhstan abroad and foreign consular establishments in Kazakhstan as agreed with the interested ministries and departments of our country. The Department has created good treaty-legal base, main item of which are bilateral consular conventions, agreement on opening of consular establishments, treaties on prevention of double citizenship and legal help in civil and criminal cases.

The Department of a consular service makes out consular patents to the heads of consular establishments of Kazakhstan abroad. Besides the Department informs foreign representations on the consent to assignment of the heads of foreign consular establishments in the Republic and registration by him an exequatur.

Territorial divisions of Department of the consular service analyze reports and reference materials, arriving from consular establishments abroad, prepare the conclusions and offers on the reports. The control of performance of treaties and agreements on consular issues, which

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w ere signed between Kazakhstan and other states, enters into the duty of diplomats of these divisions. In case of necessity the offers on their change, addition or denotation can be brought in. These divisions also watch taking measures on the protection of rights, privileges, immunities of consular establishments of the Republic of Kazakhstan abroad and their officials.

The Department of the consular service carries out explanations with ministries and departments on application of rules of the Republic of Kazakhstan laws, decrees, decisions and orders of the RK Government on problems concerning consular activity. Besides the Department organizes periodically working meetings with the appropriate ministries and departments, with consular establishments of foreign states. The Department participates in the activity of Kazakhstan interdepartmental bodies on preparation and realization of large international measures both abroad and in the territory of Kazakhstan.

The passport-visa department makes out documents to the citizens of the Republic of Kazakhstan for departure abroad and receiving of foreign visas according to the requirements of the embassies of foreign states and in the order established by the legislation of the Republic of Kazakhstan. The issue of visa by consular establishments abroad is made with conformity with the instructions of the Department of the consular service MFA RK.

The Department supervises observance of the established order of distribution of the Kazakhstan visas to foreign citizens by the consular establishments. Samples of the visas both records in the passports and visas are coordinated and developed with competent bodies.

The Department of the consular service takes part in development of the normative acts on citizenship. Besides that it prepares the conclusions on materials of consular establishments about an accepting in our citizenship, exit of the citizenship and about the deprivation of the citizenship, as well as other documents concerning the citizenship for the Commission on citizenship at the RK President.

The Department studies and generalizes not only experience of foreign consular organizations work of Kazakhstan, but also experience of consular work of the foreign states on issues of notorious, getting

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a nd legalization of the documents, records of the certificates of a civil condition.

Simultaneously with perfection of passport-visa works the Department develops the Tariffs of consular taxes. For this purpose the similar documents of the CIS countries and distant foreign countries are analyzed. In 1994 the Tariff of consular taxes as agreed with the Ministry of the finance of the Republic of Kazakhstan was accepted.

The consular establishments of the Russian Federation give out the visas to foreign citizens for visiting Kazakhstan on the basis of confirmation of the Department of the consular service MFA RK with the countries, where there are no Kazakhstan diplomatic representations and consular establishments, under the arrangement between the foreign policy bodies of Kazakhstan and Russia.

3. The consular charter of the Republic of Kazakhstan was

accepted in 1999. For each state the acceptance of national legislation, determining the status, functions and structure of consular bodies and also rule, regulating separate aspects of activity of foreign consular establishments, has the important meaning.

The RK consular charter consists of 7 sections.

The tasks and organizations of consular establishments of the Republic of Kazakhstan make the First section consisting of three chapters. In the first chapter the general provisions on consular establishments of the Republic of Kazakhstan are given in 12 clauses. The characteristic of consular establishments and consular departments of diplomatic representations is resulted in clauses 1-5, About function of the consuls and his probable diplomatic functions it is said in clauses 6-7. "... The consul can carry out other functions, not stipulated by the consular charter, if they do not contradict the legislation of the Republic of Kazakhstan, legislation of a host country and international treaties". The second chapter is devoted to the personnel of consular establishments and order of assignment of a consul (clause 13-17}". The Consular officials are the employees of a diplomatic service and serve in a state service, in the Ministry of foreign affairs of the Republic of Kazakhstan". They should be only citizens of the Republic of Kazakhstan. The consular employees and attendants are not diplomatic

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p ersonnel. In the third chapter clauses 18-22, devoted to the order of performance of consular functions are submitted.

The functions of the consul concerning legal persons and citizens of the Republic of Kazakhstan belong to the second section (chapter 4-12). In the chapter 4 the general provisions on duties of the consul are given. The consul arranges in order the legal and physical persons of Kazakhstan to use all rights represented to them by the laws of a host country and the international treaties (clause 23). The consul keeps account the Kazakhstan citizens, constantly living in his district, arranges on restoration of the broken rights of the legal and physical persons, assists in performance of the official duties to the representatives of state bodies of the Republic of Kazakhstan (clause 24-26). The consul acquaints citizens of Kazakhstan, staying temporarily in a consular district, about the current legislation and local customs of a host country, promotes realization of cultural - educational measures (clause 27-28). Without the arrangement the consul can represent the citizens of the Republic of Kazakhstan, who are absent by illness, owing to material, financial character and cannot protect the interests in establishments of the state of a stay.

About functions of the consul concerning the military service of the RK citizens is resulted in the chapter 5, The consul conducts the military account among the man's population of a consular district and provides returning young men, who have reached 18 years, to military commissariats in the place of a constant residence (clause 30).

The separate chapter 6 is devoted to function of the consul concerning the performance of orders of state bodies and officials, carrying out function of criminal prosecution, and courts of the Republic of Kazakhstan. The consul carries out the assignments of state bodies, if there is no rejection in the host country laws (clause 31).

The chapter 7 defines the order of an adoption, trusteeship and guardianship. The consul registers adoption and carries out the control of children handed to the foreign citizens (clause 32). "The Consul arranges establishment of trusteeship and guardianship above the RK minor citizens, living in his consular district, who have remained without parental care ". The consul also promotes an establishment of trusteeship and guardianship above the full age citizens, requiring it (clause 33).

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I n the chapter 8 the functions of the consul in relation of Kazakhstan citizens property are submitted. The consul arranges protection of the property, which has stayed after of the RK citizen death and can transfer it to their successors. Besides, the consul can accept money, valuable papers, and jewelry for keeping in safety (clause 34-36).

In the chapter 9 (clause 37) the functions of the consul are opened concerning the RK citizens, who are under arrest and detained or who are deprived freedom in other form or stays in the country of a stay for punishment. There is the consul duty to watch that the specified citizens are not exposed to severe reference, contained in conditions adequate the international treaties and the host country legislation.

In the chapter 10 the functions of the consul concerning problems of the passports and visas are resulted. In clause 38 it is told that the consul gives, replaces the passports and brings necessary marks in them. The consul can give, prolong or cancel the visas on entrance and departure and also transit travel through the territory of the Republic of Kazakhstan (clause 39).

In the chapter 11 of the Charter it is stated the tasks of the consul on the citizenship. In the district the consul accepts applications on the citizenship and registers loss of the citizenship by persons, constantly living abroad.

In the chapter 12 the functions of the consul are submitted on registration of the certificates of a civil condition of the RK citizens. The consul accepts the petition from the Kazakhstan citizens about modification, corrections and additions in record of the certificates of a civil condition, and restoration of the lost records (clause 42).

The section 3 is devoted to the important sphere of activity of the consul - notary's actions, consular legalization, and consular taxes. In the chapter 13 it is shown that the consul makes notaries actions with conformity with the RK legislation. Consul accepts documents, made according to the requirements of the international treaties, in which Kazakhstan and a host country take part, makes confirming inscription in the form stipulated by the foreign legislation, if it does not contradict bases of the Kazakhstan legislation. The consular legalization consists in checking of conformity of documents to the working legislation of the states of a stay, establishment of authenticity of the signature of the

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o fficial and seal with the purpose of use them in the other state. The legalizations are not subject of documents contradicting to the RK law (clause 45-46).

In the chapter 15 the order of collection of the consular taxes abroad is described and in the Kazakhstan territory according to the established Tariff of the consular taxes of the Republic of Kazakhstan (clause 47-50). In clause 51 the cases are listed, when the consular taxes are not raised.

In the section 4 the functions of the consul concerning military ships and military-auxiliary ships of RK, stationed in ports of the country of a stay are submitted. In clause 60 it is underlined that the rules are distributed to planes (helicopters) of the RK Armed forces fleet.

The section 5 of the Charter explains functions of the consul concerning the RK ships. The consul should watch that in his consular district the right and immunities within the limits of its complete volume given to arriving Kazakhstan ships according to the legislation of the state of a stay and international treaties, which participant isRK.

The section 6 represents functions of the consul concerning the RK civil aircrafts. The rules of the section distribute in automobile and railway transportations.

The rules of the section 7 are distributed in automobile and railway transportation.

The section S describes the consul functions on sanitary protection. At an appearance quarantine of diseases in the territory of a consular district the consul operatively informs the RK interested bodies.

The section 9 is devoted to the problem of honorable consuls. Under the agreement with the state of a siay MFA RK charges performance of separate functions to honorable consuls. The honorable consul can be both a citizen of Kazakhstan and foreigners. The honorable consuls do not consist on the state service; MFA RK determines their functions and powers (clause 87-89).

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T HE LAWS, OTHER NORMATIVE ACTS OF THE

REPUBLIC OF KAZAKHSTAN AND THE USSR

REGULATING THE ACTIVITY OF THE CONSULAR

SERVICE. CONSULAR CONVENTIONS AND OTHER

AGREEMENTS ON CONSULAR ISSUES. THE VIENNA

CONVENTION ON CONSULAR RELATIONS, 1963

/. The laws, other normative acts of the Republics of Kazakhstan and the USSR regulating the activity of the consular service

The activity of consular establishments of any state is defined by the national legislation, which determines the status, function, and structure of consular bodies and supervises the activity of foreign consular establishments.

The constitution of the Republic of Kazakhstan guarantees protection its citizens in the country and abroad (clause 11). This task is assigned to consular establishments of the Republic of Kazakhstan.

Before the acceptance of the Law "About a diplomatic service " the Temporary rule about passage of the diplomatic service of April 22, 1993 worked. In this rule the order of joining to the consular service, its passage and termination was regulated.

The RK law "About a diplomatic service" is basic interstate source of the consular rule. It defines legal bases of the activity of a consular service. Clause 6 defines consular functions as "the realization in the territory of the Republic of Kazakhstan and abroad of consular functions regulated by international-legal norms and the legislation of the Republic of Kazakhstan... assistance to functioning of foreign consular representations in the territory of the Republic of Kazakhstan... ".

The Consular charter of the Republic of Kazakhstan concerns the basic interstate legislative documents in issues of the consular service, which we have considered previously in detail. Before its acceptance in September 1999 at the development of normative-legal acts and instructions in every day work the rules of the USSR Consular Charter of June 25, 1976 were used.

The norms of the international consular law, experiences of the Soviet consular service and various countries of the world, rules of consular

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conventions and agreements, concluded by Kazakhstan with various countries, Law "About the diplomatic service of the Republic of Kazakhstan ", Rules "About MFA RK" and other acts of Kazakhstan were taken into account at the development of the Consular charter.

The Rule about Consular management of MFA RK, accepted in March 1993 plays the key role in functioning of the consular service. The basic tasks of Management (Department of the consular service), its function and right as well as the structure of its staffs are determined by that Rule.

Rule about MFA RK, Rule about Embassy RK concern to the number of acts used in the consular activity.

Consular officials guided by Law "About citizenship of RK", Civil code of RK, Civil-remedial code of RK, Criminal code of RK, Criminal -remediaJ code of RK, Law "About a marriage and family", Decree, valid of the Law "About the right rule of foreign citizens in the Republic of Kazakhstan" Decree, valid of the Law "About customs business in RK" etc.

Simultaneously with the development of departmental acts and instructions, a consular service carries out joint work on preparation of normative-legal documents having relation to its direction. Following instructions and rules, having the practical importance for normal functioning of consular establishments, concern to them;

• About rules of a stay of foreign citizens in the Republic of Kazakhstan (1993);

• About the order of departure abroad on service businesses (1993);

• About the diplomatic passport of the Republic of Kazakhstan (1994);

• About the passport service of the Republic of Kazakhstan (1994);

• About a legal rule of foreign citizens in the Republic of Kazakhstan (1995);

• About the order of registration of entrance into the Republic of Kazakhstan and departure from the Republic of Kazakhstan of foreign citizens (1995);

• About issue of the visa of the Republic of Kazakhstan (1996).

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2 . The Vienna convention on consular relations, 1963 concerns the multilateral treaties on consular problems. There are three multilateral basic consular conventions. Two of them carry regional character: the Caracas convention on the consular relations, 1911 and Havana convention on consular officials, 1928. The actions of these conventions are distributed in the American continent. The long-term consular practice of the countries of this continent has allowed creating the document of universal character - Vienna convention on the consular relations, 1963. The UN international law Commission was engaged in preparation of multilateral consular convention since 1949. In September 1960 the convention project about consular relations was sent to governments of the UN state - members for acquaintance and comments. Simultaneously the issue on acceptance of universal consular convention was discussed during XV and XVI sessions and Sixth committee of the UN Assembly, called in 1.963. Under the initiative of the UN General Assembly the conference of the states - members of the Organization of the United Nations has accepted final variant of the Convention about consular relations. The convention has fundamental meaning, as it adjusts consular relations on a global scale.

The Vienna convention on consular relations has fixed the idea on the establishment of consular relations between the states, which is carried out in mutual consent (item 1, clause 2). The diplomatic and consular practice has shown that the consent to an establishment of the diplomatic relations simultaneously means the consent to the establishment of the consular relations. During discussion England, Germany, Japan have not agreed to inclusion of this rule in the text of the convention. The majority of the countries have not supported this point of view. In the convention the rule was fixed, on which from the moment of an establishment of the diplomatic relations the diplomatic representation can carry out also consular functions in necessary cases.

In the Vienna convention the important principle is displayed, on which the changes in the diplomatic relations do not entail break "ipso facto", break of consular relations (item 3, clause 2).

According to the Convention the consular establishments, their class and consular district are defined between the interested states on mutual base.

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A t the conference two different approaches to the problem of inviolability of consular premises, consular officials and volume of their immunities were found out. A number of the countries, led by the USSR, proceeded from the precondition that the consular establishments and heads of consular establishments are the representatives of the directing state. The importance of their functions is dictated by necessity of granting to them of a level of protection, guaranteed to diplomatic representations and the members of the diplomatic personnel.

Other countries the USA, Great Britain, France adhered to the opposite point of view, rejecting representation of complete volume of immunities to consular establishments and consular officials. This point of view has found reflection in final variant of the Convention. In the issue on the status of consular establishments the Vienna convention on the consular relations, 1963 represents to the consular persons limited or so-called functional immunity (clause 41-43).

The Soviet Union, being one of the initiators of the development of the Vienna convention about the consular relations, 1963, has not joined it, as volume of immunity of consular premises consular post valise, guarantees of personal inviolability of the consular officials are insufficient. The USSR has adjusted these and other questions, having signed the bilateral consular conventions with a number of countries. These bilateral treaties equated immunities of consular officials and immunities of diplomatic representatives. The Soviet Union has found it possible to join the Vienna convention on consular relations in 1989.

The Republic of Kazakhstan became the participant of the Vienna convention since March 13, 1993.

The joining to the Vienna convention on consular relations does not mean that the states cannot provide more acceptable conditions. As the practice demonstrates consular relations between various states can differ from conditions stated in clauses of the Vienna convention 29, 31,35, 40, 43 and 74. Therefore, the majority of the state-participants of the Convention concluded bilateral consular conventions, in which rule of the Vienna convention come nearer to interests of each state.

Let's consider the structure and contents of the Vienna convention about consular relations, 1963. It consists of a preamble, 5 chapters

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a nd 79 clauses. The convention mentions all issues of consular relations between the states.

Definitions and terms meeting in the Convention for uniform interpretation and also purposes of the treaty are given in a preamble.

Chapter 1 covers the general provisions on consular relations and consists of two sections. In the first section the speech goes about an establishment and realization of consular relations. In second it is termination of consular functions.

Chapter II has also two units. Advantages, privileges and immunities of consular establishments and their employees are represented in the chapter. In section 1 the rules about advantages, privileges and immunities of consular establishments are described. Section 2 is devoted to regular consular posts and other workers of consular establishments, their privileges and immunities.

Chapter III establishes a mode for honorable consular officials and consular establishments headed by such officials.

Chapter IV states general provisions concerning consular agents, not being the heads of consular establishments, the order of performance of consular functions by diplomatic representations and also citizens of the state of a stay and persons of the third states constantly living in the given country.

In chapter V the final provisions (signing and ratification of the Convention, joining to it, coming it into force) are given.

In the Convention the theory of functional necessity is fixed in a basis of consular activity that allows the countries to carry out consular relations more effectively.

Bilateral treaties on consular issues play a great role in relations between the states.

3. The consular conventions and other agreements on consular problems

The consular conventions are agreements between states, determining the order of an assumption of consuls to work, circle of their competence, advantages and privileges, mutually represented to the consular employees. It is the most significant group of the agreements in the consular law. States have begun to conclude such

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a greements still in the 12th century. The general number of the working consular conventions has passed over one thousand and continues to grow, In these conventions on a bilateral basis the order of establishment of consular representations, assignment and withdraw of consuls, sphere of activity, right, privileges both immunities of consular officials and employees of consulate are defined. The structure and contents of consular conventions should correspond with the Vienna convention on consular relations, 1963.

The Republic of Kazakhstan develops co-operation with the various interested states on a bilateral basis. At once after declaration of its independence in 1992, the consular conventions were signed with China, Turkey in 1993, Russia in 1994, Ukraine in 1994, Hungary in 1995, Belarus in 1996, KPDR (KNDR) in 1996, Georgia 1997, Moldova in 1997, Poland in 1997, Turkmen in 1997 etc. These documents define a rule of foreign consular establishments and their employees in the Kazakhstan territory and rule of the Kazakhstan consular establishments and their employees in the territories of the appropriate foreign states.

The consular conventions have usually various quantities of clauses. For example, in consular conventions signed with People's Republic of China contains 43 clauses, with Belarus - 48, Turkey - 60, but structures of all of them are almost the same.

Consular conventions consist of the following sections: the introductions (preamble); definitions of the terms, used in the convention; opening of consular establishments and assignment of consular officials; advantages, privileges, immunities; consular functions; the personnel of consular establishments and final clauses.

The uniformity of consular conventions is expressed in the fact that they comprise organizational norms of consulates and assignment of the heads of consular establishments. Consuls begin their duties, according to the rules of a convention, after the preliminary co­ordination of borders of a consular district and place of their stay by diplomatic channels. The state of a stay should give the consular patent to the head of a consular establishment. The state of a stay should ensure protection to consular officials and other employees of consular establishment and render to them all necessary assistance that they could

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c arry out their official duties. The special norms are determined, at which the consular activity stops.

The uniformity of structure and similarity of the contents of consular conventions does not carry complete concurrence; each convention is individual and has clauses, which do not repeat in other documents.

The consular conventions, representing wide rights and privileges to the personnel of consulates, provide all persons using inviolability, should respect the laws of the country, in which they are accredited.

At the conclusion of the bilateral consular conventions of the Republic of Kazakhstan with foreign states each side is guided by rules of the Vienna convention about the consular relations, 1963. The contractual practice of the Kazakhstan party has the features.

The bilateral consular conventions, signed by the Republic of Kazakhstan have precise definition of the citizenship of consular person. In the Vienna convention it is declared:

1. "Basically consular officials should be the citizens of the represented state.

2. The consular officials cannot be nominated among the citizens of the state of a stay only by the definitely expressed consent of this state and this consent can be cancelled at any time.

3. The state of a stay can stipulate behind itself the similar right concerning the citizens of the third state, which are not simultaneously citizens of the represented state" (clause 22).

From rules of this clause it follows that consular officials, which number includes also head of consular establishment, can be nominated among the citizens of a host country, if there is consent of the accredited state.

In the consular conventions signed by the Republic of Kazakhstan it is always stipulated that the consular officials necessarily should be the citizens of the represented state.

10 years experience of international-Segal practice of the Republic of Kazakhstan in a course of foreign policy negotiation has resulted in necessity of signing of a package of documents, covering all basic aspects of bilateral co-operation, First of all these agreements on principles of interstate relations, about encouragement and mutual protection of investments, about avoidance of double taxation, about

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l egal help and also agreements in the field of the consular relations and in the field of cultural and humanitarian co-operation.

Bilateral consular conventions provide normal development of political, economic, scientific and humanitarian relations of two countries.

Besides bilateral consular conventions, the protocols on an establishment of the consular relations can be signed. The protocol on an establishment of consular relations between the Government of the Republic of Kazakhstan and the Government of the Republic of India can be served as an example. "The Government of the Republic of Kazakhstan and the Government of the Republic of India... has agreed to establish consular relations between two countries from the date of signing of the present protocol according to the rules of the Vienna convention about the consular relations, 1963 and any agreement, which can be signed between them in this respect".

The above-mentioned legal documents of the Kazakhstan legislation and also international-legal documents promote the agreements establishment and development of consular relations of the Republic of Kazakhstan with various countries of the world.

ORDERS OF ENTRANCE INTO THE REPUBLIC OF

KAZAKHSTAN, TASKS OF CONSULAR SERVICE IN

THE DEVELOPMENT OF TRADE- ECONOMIC

RELAATIONS WITH FOREIGN STATES