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The Consular Convention Between The Czechoslovak Socialist Republic And The Erdf. Rep. Yugoslavia

Original Language Title: o Konzulární úmluvě mezi ČSSR a Soc. feder. rep. Jugoslávií

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42



DECREE



Minister of Foreign Affairs



of 14 July 1999. October 1992



a Consular Convention between the Czechoslovak Socialist Republic and the

The Socialist Federal Republic of Yugoslavia



10 December 1981 in Prague signed a consular Convention between

The Czechoslovak Socialist Republic and the Socialist Federative

Republic of Yugoslavia.



With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak

Socialist Republic and the president of the Republic has ratified it.

The instruments of ratification were exchanged in Belgrade on 10. September 1982.



Convention entered into force, pursuant to article 59 on the day 10. October

1982. That date were allowed to lapse the Convention on consular relations between the

The Czechoslovak Socialist Republic and the Socialist Federative

Republic of Yugoslavia of 24 December 2002. June 1983, proclaimed No 82/1964.



The Czech version of the Convention shall be published at the same time.



First Deputy



Rehorek v.r.



CONSULAR CONVENTION



between the Czechoslovak Socialist Republic and the Socialist

Federal Republic of Yugoslavia,



The Czechoslovak Socialist Republic



and



Socialist Federal Republic of Yugoslavia



Desiring to develop and extend consular relations and in this way

to contribute to the further development of the friendly relations between the two countries and with the

order to protect their national interests and the rights and interests of their State

Members,



have decided to conclude this Convention and have designated their consular agents

:



The Czechoslovak Socialist Republic



Dr. Dušan Spáčil,



the Deputy Minister of Foreign Affairs



The Czechoslovak Socialist Republic,



Socialist Federal Republic of Yugoslavia



Miodraga Vlahoviče,



Ambassador Extraordinary and Plenipotentiary of the



The Socialist Federal Republic of Yugoslavia



in the Czechoslovak Socialist Republic,



who exchange their full power, which they found in good and due form,

and agreed on the following provisions:



TITLE I OF THE



The definition of the



Article 1



For the purposes of this Convention the following expressions have the following meanings:



a) "consular post" is a Consulate General, Consulate, vicekonzulát or

Consular Agency;



(b)) "consular circuit" is the territory of the specified consular post for the performance

consular functions;



(c)) "head of consular post" means the person in charge of the sending State,

to carry out the duties associated with this feature;



d) consular officer "means a person, including the head of consular post

responsible for the performance of consular functions;



e) "consular employee" is a person employed in the administrative,

technical services, consular office or home;



f) "members of the consular staff" are consular officers, except to the

the head of the consular post and consular staff;



g) "members of the consular post" are consular officers and consular

employees;



h) "member of the private staff" is a person employed exclusively in

private services, a member of the consular post;



I) "family members" are the spouse, children and parents of the Member of the consular

the Office, if they live in a common household of a member of the consular

the Office;



j) "nationals" are natural and legal persons;



k) "consular rooms" are the buildings or parts of buildings and lands to them

belonging, which are used exclusively for the purposes of consular post

regardless of who owns them;



l) "consular archives" are documents, documents, correspondence, books,

movies, recording tapes and registers the issuing consular office together with the ciphers,

codes and filing cabinets, and a device designed to protect them and saving;



m) "official correspondence" is a correspondence relating to the

consular post and its functions;



n) "the ship of the sending State is any vessel flying the flag of

of the sending State in accordance with the laws of that State, with the

the exception of warships;



about) "aircraft of the sending State" is each aircraft bearing the coat of arms

of the sending State, which is registered in this State in accordance with

its laws and regulations, with the exception of military aircraft.



TITLE II



The establishment of consular posts and the appointment of consular officials and

consular personnel



Article 2



1. Consular Office may be established in the territory of the receiving State only with the

his consent.



2. the registered office of the consular post, his class and consular circuit are

determined by the sending State and the receiving State are subject to approval.



3. Subsequent amendment of the seat of the issuing consular office of his class or changes

consular circuit can carry out only with the agreement of the sending State

of the receiving State.



4. the prior explicit consent of the receiving State is also needed

to establish offices forming part of the consular post, but it is

located outside the headquarters of the authority.



Article 3 of the



The consular officer can only be a citizen of the sending State.



Article 4 of the



1. The head of the consular post of the sending State is appointed and accepted

for the performance of its functions, the receiving State.



2. Before sending the head of the consular post of the sending State's requests

the consent of the receiving State through the diplomatic channel regarding the proposed

of the person.



Article 5



1. The sending State shall head of consular post to annotate document

in the form of a patent or similar document made out to each

appointment especially that certifies its function and in which his

the full name, category and class, consular and headquarters of the circumference of the consular

the Office.



2. The sending State shall send to the patent document or a similar diplomatic

or other appropriate way to the Government of the State in whose territory the head

consular office to carry out their functions.



Article 6 of the



1. the head of the consular office are able to perform their functions on the

the basis of the consent of the recipient State, known as exequatur, whether

form of consent.



2. Following the submission of the patent or any similar document of appointment

the head of the consular office of the receiving State shall, without exequatur

delay.



3. a State that refuses to provide the exequatur is not obliged to inform the

sending State the reasons for its refusal.



Article 7 of the



Until such time will be granted an exequatur, may be the head of the consular

the Office accepted for performance of their duties on a provisional basis. In this case, will be

to him, subject to the provisions of this Convention.



Article 8 of the



As soon as the head of the consular office for the performance of their functions adopted, albeit

even on a provisional basis, it shall inform the competent authorities of the receiving State shall immediately

the consular district and shall take the appropriate measures to ensure that the head of the

consular office can perform the obligations arising from his Office and the

to enjoy the rights, privileges and immunities deriving from this Convention.



Article 9



1. If the head of the consular post for any reason to exercise

of his duties or if the post of head of consular post temporarily

uprázdněno, the temporary head of the sending State functions

Consular Office of the consular officer of the Office of the delegate or

another consular post of the sending State in the receiving State or the

a member of the diplomatic staff of the diplomatic mission of the sending State in the

the receiving State.



2. Full name of the person in charge referred to in paragraph 1 of this article

temporary exercise of functions of the head of the consular office will be provisionally

communicated to the Ministry of Foreign Affairs of the receiving State.



3. the Temporary head of the consular post shall provide the rights, privileges and

immunity, which enjoys under this Convention, the head of the consular office.



Article 10



1. The sending State shall notify without delay through diplomatic channels

the beneficiary State:



and the appointment of members of the consular post), their arrival after the appointment of the

consular post, their final departure or the termination of their functions, and

all subsequent changes affecting their status that may occur

during their service to the consular post;



(b) the arrival and final departure of) a family member of a member of the consular

the Office, who has been living in a common household with a member of the consular post, and

where relevant, the cases when a person becomes or stops

be a member of the family;



(c) the arrival and final departure) of the members of the private staff and, where

applicable, the termination of their service in that capacity;



d) admission to employment and the release of people with permanent residency in the

the receiving State with regard to members of the consular post or members

private staff.



2. Whenever possible, the arrival and final departure also in writing

announced in advance.



Article 11 of the



1. the receiving State shall, without charge, any consular officer

a document certifying his identity and function.



2. The provisions of paragraph 1 of this article shall apply to the consular

the employee, except when they are nationals of the receiving

State resident in the receiving State.



3. The provisions of paragraph l of this article shall also apply to family

members members of the consular post, except where they are

nationals of the receiving State or nationals of the sending


State resident in the receiving State or the

State operating of gainful employment.



Article 12



1. the receiving State may at any time and without giving reasons for its decision

notify the sending State through the diplomatic channel that a consular

the officer is persona non grata or that any other Member of the consular

staff is unacceptable. In this case, the sending State under the

the nature of the case, the person concerned shall withdraw its function exits at the consular

Office or the appointment.



2. If the sending State refuses or fails to comply with a reasonable

time commitments, which, in paragraph 1 of this article, you may

Depending on the nature of the case, the receiving State shall withdraw to the appropriate person

exequatur or stop can be considered as a member of the consular staff.



Article 13 of the



A member of the consular post ends, inter alia:



and) written notice of the sending State to the receiving State that the

its function was over,



b) detention exequatur,



c) by a written notice of the receiving State, the sending State

the person receiving the State ceased to be considered a member of the consular

staff in the cases envisaged in article 12 paragraph 2.



TITLE III



The advantages, privileges and immunities



Article 14



1. the receiving State to fully facilitate the consular post and consular

officials of the performance of the functions and shall take the necessary measures to be able to enjoy the

the rights, privileges and immunities as provided for in this Convention.



2. the receiving State shall treat consular members with due

respect and shall take all appropriate measures to ensure the protection of

their personality, freedom and dignity.



Article 15



1. The sending State shall have the right to place on the consular building and on the

the residence of the head of the consular post of the State emblem and their identification in

c, respectively, in the languages of the sending State and in the language used by the

at the headquarters of the consular office.



2. the national flag of the posting State can be hoisted on the building

consular office, the residence of the head of the consular post and its

means of transport, if it uses them to its staff

purposes.



3. The sending State is not relieved of the obligation to respect the laws of the

construction, territorial and urban planning or other restrictions

applicable to the area in which the lands, buildings or parts of

the buildings are located.



Article 17 of the



1. Consular premises are inviolable. The authorities of the receiving State

must not enter into them without the consent of the head of consular post

the head of the diplomatic mission of the sending State or the person responsible for

some of them. However, in the event of fire or other disasters, which may

endanger human lives, it can be assumed that the consent of the head of

consular office has been given.



2. the receiving State has a particular obligation to determine all appropriate measures

to protect consular Chambers against the intrusion or damage and to

preventing any disturbance of peace consular post or injury to his

dignity.



3. Consular office room, equipment and other property in them

cannot be subject to inspection, requisition, attachment or execution.



Article l8



The consular archives and documents are always inviolable, wherever located

anywhere, anytime.



Article l9



l. is the sending State in the receiving State shall be exempt from all taxes,

levies and charges:



and) on land, buildings and parts of buildings used for consular purposes

or as the dwelling of the members of the consular post, if they are owned by the

State or if they are najaty on its behalf;



(b)) from contracts and documents that relate to the acquisition of immovable property referred to in

(a)) of this paragraph;



(c) the performance of consular functions), including the collection of consular fees

and benefits.



2. The sending State in the receiving State is also exempt from all

taxes, levies and charges from the movable property that is owned

the sending State or which is in his possession or use, and

that is intended exclusively for consular purposes.



3. exemption from taxes, duties and charges provided for in this article shall

does not apply to payment for services rendered.



Article 20 of the



1. Consular officers and consular employees are not subject to judicial or

the administrative jurisdiction of the authorities of the receiving State in respect of acts performed by

the performance of consular functions.



2. The provisions of paragraph 1 of this article shall not apply to

civil proceedings:



and) relating to the contract by the consular officer or employee

has not concluded on behalf of the sending State;



(b)) relating to inheritance, where a consular officer or employee

to act on behalf of the sending State, but as a private person;



(c) by a third party) initiated for damages arising from an accident caused by the

the receiving State, the vehicle, boat or plane;



(d)) relating to any professional or commercial activity, which

carries out consular officer or employee in the receiving State outside the

the framework of their duties.



Article 21



1. Consular officer cannot be detained, taken into custody, imprisoned or

other way deprived of his liberty for acts committed outside the performance of their

business functions except in cases of criminal proceedings for committed

the offense to which the provisions of the receiving State shall lay down the bottom

the border of penalties of imprisonment of 5 years or more, and only

based on the decision of the competent judicial authority or if it is on

the performance of the final judicial decision.



2. If the Court or other competent authority of the receiving State wishes to

take into custody or to initiate criminal proceedings against the consular officer,

is obliged to inform the head of the consular post, and if it has to be

This measure applied to the head of consular post

a diplomatic mission of the sending State. Notice that gives if

possible before the start of the proceedings, to the head of the consular post or another

consular officer could be present at the proceedings.



3. If the head of the consular post or another consular officer

was not present, the competent authority of the receiving State shall be obliged to

to provide comprehensive information on the consular post of the completion of the proceedings.



4. If the consular officer is initiated criminal proceedings, is

consular officer must be present before the competent authority. Control

However, it will be carried out with due regard to consular officer,

taking into account his professional position and with the exception of the cases referred to

in paragraph 1 of this article in a way that would least undermine performance

consular functions. If, in the circumstances referred to in paragraph 1 of this

Article need to take one of the consular officer into custody,

the proceedings against him must be done in the shortest possible time.



5. in the case of arrest or custody member of the consular post or

criminal proceedings against him, the competent authority of the receiving

the State shall as soon as possible inform the head of the consular office.

If those measures concern the head of consular post

the beneficiary State shall so inform the sending State through diplomatic channels.



Article 22 of the



1. members of the consular post may be invited to appear as a

witnesses to the Court or administrative proceedings. In case the consular

official refuses to give evidence in such proceedings against him

apply any coercive measures or sanctions. Consular

they do not, except in the cases referred to in paragraph 3 of this

Article, refuse to give evidence.



2. The provisions of paragraph 1 of this article, relating to consular

officials and consular employees shall apply mutatis mutandis to the

members of the family.



3. members of the consular post and members of their families do not have the

obligation to submit testimony to the facts linked to the performance of his

functions or to submit official correspondence or documents. They also have the

the right to refuse testimony as experts from the law of the sending State.



4. when taking the testimony of a member of the consular post competent authorities

the receiving State shall take all necessary measures to ensure that the consular

an official in the performance of consular functions should not restrict or not to

the injury to his dignity. This testimony can be always,

whenever possible, administered orally or in writing in the consular office

or in the apartment of a member of the consular post.



Article 23 of the



1. The sending State may waive the immunities of consular post of the Member

referred to in articles 20 and 21 of the Convention.



2. Waiver of immunities should be, with the exception of the provisions of paragraph 3 of this

Article, always express and must be communicated in writing to the beneficiary State.



3. If a consular officer or consular employee starts

proceedings in cases in which the situation of the judicial immunities provided for in article 20

This Convention cannot rely on immunity in respect of any

protižalobu immediately related with the principal claim.



4. the waiver of immunity in the case of the civil action or the proposal in


the administrative procedure does not mean giving up also the immunity in respect of enforcement

enforcement, which is necessary to give up separately.



Article 24



The receiving State shall exempt members of the consular post and their family

Members from all personal services, public services of any kind

and from military obligations such as requisitions, military contributions and

accommodation of troops.



Article 25



1. Consular officers and consular employees and members of their families

are exempt from all obligations imposed on the laws and regulations

of the receiving State with regard to the registration of foreigners, residence permit,

work permits and other formalities that apply generally to the

foreigners.



2. The provisions of paragraph 1 of this article shall not apply to the members of the

consular post who are nationals of the receiving State

or who have permanent residence or who perform in the receiving

the State of a private profit-making activities or to their family members.



Article 26 of the



1. members of the consular post, as regards the services that they perform for the

the sending State and their family members are subject to the

the provisions of paragraph 3 of this article, be exempt from the provisions of the social

security, which applies in the receiving State.



2. The exemption referred to in paragraph 1 of this article shall also apply to the members of the

private staff who are employed exclusively for members

the consular authority, provided that:



a) that they are not nationals of the receiving State, or do not have the

permanent residence;



(b)) that they are subject to the social security legislation in force in the

the sending State or in a third State.



3. members of the consular post of employing persons with

not covered by the exemption referred to in paragraph 2 of this article must comply with the

the obligations imposed on employers the provisions on social

the security of the recipient State.



4. The exemption provided for in paragraphs 1 and 2 of this article shall not preclude the voluntary

participation in the social security system of the receiving State for the

provided that participation therein is permitted to the receiving State.



Article 27



1. Consular officers and consular employees and their family

Members are exempt from all taxes and charges, whether personal or

g/l, State and local, with the exception of:



a) indirect taxes, which are usually included in the price of the goods or

the services;



(b)) taxes and fees from private real estate on the territory of the receiving

State, subject to the provisions of article 19 of this Convention;



(c) inheritance taxes, fees) from the transfer of assets and charges of gifting

levied by the receiving State, subject to the provisions of subparagraph (b)) article

29 of this Convention;



d) taxes and fees from private income of any kind from browsing

of the receiving State;



e) taxes and charges levied for the provision of specific services;



f) registration, Court, mortgage fees and administrative fees

acts, subject to the provisions of article 19 of this Convention.



2. members of the consular post who employ persons whose salaries

or wages subject to tax in the receiving State, it must meet the

the obligations that the laws and regulations of this State

the employer as regards the levying of income tax.



Article 28



1. the receiving State in accordance with the laws and regulations that may be issued,

shall authorise the import and provides exemption from all customs duties, taxes and

other charges levied on the basis of imports or in connection with the

him, other than charges for storage, cartage and similar services:



a) for items including motor vehicles, intended for official use

the consular office;



(b)) for all articles intended for personal use by consular officials and

their family members, including motor vehicles and objects

intended for their device. Consumer articles must not exceed

the quantities required for use by the relevant persons.



2. Consular employees shall enjoy the privileges and exemptions specified in

paragraph paragraph 1 of this article, in the case of articles, including motor

vehicles imported on first taking office.



3. personal accompanied baggage of consular officers and their family

Members shall be exempt from Customs examination. May be inspected by

only in the case that there is serious reason to believe that they contain other

subjects than those referred to in (b)), paragraph 1 of this article or

articles the import or export of which is prohibited, laws and regulations

of the receiving State or which are subject to its laws and regulations that

quarantine. This tour can only be made in the presence of

the consular official or a member of his family.



Article 29 of the



In the case of the death of a member of the consular post or of his family

a national of the receiving State:



and) shall authorise the export of movable property of the deceased, with the exception of property that

has been obtained in the receiving State and the export of which is at the time of death

disabled;



(b)) will not collect State or local probate fees, or fees from

the transfer of assets, in the case of movable property, which was the territory of the

of the receiving State only as a result of the stay of the deceased in this State

as a member of the consular post or of a family member of a Member

the consular office.



Article 30



1. the receiving State shall permit and protect the freedom to join the consular

the authority for all official purposes. In conjunction with the Government, the diplomatic

missions and other consular authorities of the sending State, whether they are

anywhere, can post to use all appropriate connectors

resources, diplomatic or consular couriers, diplomatic

or consular baggage and plaintext or encrypted messages.

Consular post may set up and use the radio broadcasting station

on the basis of the preliminary consent of the receiving State.



2. When you use public fasteners will pay for

consular post of the same conditions as for the diplomatic mission.



3. The official correspondence of the consular office shall be inviolable.



4. the Consular bag shall not be opened or detained. However, if the

the competent authorities of the receiving State have serious reasons to believe that the

bag contains something other than official correspondence, documents or

other articles intended exclusively for official use, may require that

the luggage was opened in the presence of the authorized representative

of the sending State. If the authorized representative of the sending State

such a request will be rejected luggage to the place where it comes from.



5. shipment making up the consular bag shall be sealed, labelled with a

a clear external indication of their character and may contain only official

correspondence, documents, and articles intended exclusively for official use

the consular office.



6. the Consular courier shall be provided with an official Charter to indicate its

position and stating the number of packages constituting the consular bag.

The consular courier cannot be a national of the receiving State or the

have a permanent residence in this State. The receiving State shall provide protection

consular lost in the performance of its functions. The consular courier shall enjoy the

personal inviolability and cannot be detained or subjected to any

the form of restriction or deprivation of liberty.



7. the Consular bag may be entrusted to the captain of the ship or aircraft,

to land on the point of entry. The captain must be equipped with a

authentic instrument indicating the number of parcels making up the consular

baggage, however, will not be treated as a consular courier. In agreement with the

the competent local authorities may instruct any of the consular post

of its members, to take over the bag directly and freely given from the captain

ship or aircraft, or forward them to him.



Article 31



1. With the exception of laws and regulations relating to the areas to which it is

prohibited or regulated for reasons of national security,

the beneficiary State shall ensure that the members of the consular post and their family

members of the freedom of travel and movement within its territory.



2. the provisions of this article shall be without prejudice to the conditions laid down for

the issue of visas or other travel documents in accordance with the legislation of the

of the receiving State.



TITLE IV



Consular functions



Article 32



1. the consular officer is entitled to exercise in the circuit in the consular

accordance with the legislation of the receiving State, the functions referred to in this

the Convention.



2. the consular officer may, with the consent of the receiving State to exercise its

consular functions and outside the consular district.



Article 33



Consular officer shall be entitled to:



and) to protect the rights and interests of the sending State and of its nationals

Members, including legal persons, in the receiving State;



(b)) to support the development of commercial, economic, scientific and cultural

relations between the sending State and the receiving State, and to develop between them

friendly relations;



(c) all lawful means) to monitor the status and the development of the political,

commercial, economic, scientific and cultural life of the receiving


report on the State and the Government of the sending State messages and provide

information to interested parties;



(d)) to provide assistance and support to citizens of the sending State.



Article 34



1. Consular officials may exercise their functions, refer to:



and the relevant local authorities of their) consular circuit;



(b)) the central competent authorities of the receiving State, if it is allowed to

laws, regulations, and practices of the receiving State or international

agreements governing this question.



2. the consular officer may call on the Ministry of Foreign Affairs

of the receiving State only in the absence of members of the diplomatic

staff of the diplomatic mission of the sending State in the receiving State.



Article 35



1. In accordance with the laws and regulations of the receiving State's consular

the officer the right to represent or take appropriate measures to protect the rights and

the interests of the nationals of the sending State before the courts and in other

the authorities of the receiving State in cases where the absence or of the

other reasons are unable to defend their rights and interests.



2. the measures referred to in paragraph 1 of this article shall, as soon as the State

Members shall appoint their representative or personally take over the protection of their

rights and interests.



Article 36



Consular officer shall be entitled to:



and) in accordance with the legislation of the sending State to issue to the citizens

This state of travel documents, to lengthen and interrupt their validity,

to change, withdraw, and retain these documents;



(b)), to extend the validity of the relevant visa or disturb persons

wishing to travel to the sending State or its territory

drive through.



Article 37



1. Within the limits set by the legislation of the sending State is

consular officer shall be entitled to:



and to keep a record of citizens) of the sending State who have a permanent place of residence

or staying in a consular circuit;



(b)) receive the applications and declarations in matters of citizenship of the citizens of

the sending State and to issue the relevant documents in this regard;



(c) the registry books) to keep the birth, marriage and death of citizens of the sending

State to issue extracts from such books, to cater to the birth, marriage and death certificates

the leaves, take a copy of these documents, and receive messages and documents in

this context;



(d)) to enter into the marriage between citizens of the sending State and the issue of how

appropriate supporting documents;



(e)) receive the declarations and applications of citizens of the sending State for

personal status.



2. The provisions of paragraph 1 of this article shall not relieve the person concerned

refers to, the obligations to report prescribed by the legislation of

of the receiving State.



3. the competent authorities of the receiving State shall, at the request of the consular

the authority shall, without delay and free of charge to send consular post copies and extracts

of the civil status documents relating to the citizens of the sending State, which have been

requested for administrative purposes.



Article 38



Consular officer is entitled to in accordance with the legislation of

of the sending State:



and to receive, to draft and) certify statements of the citizens of the sending

State;



(b) to prepare, certify, and) take into custody of wills and other documents in the

this context;



c) validate the signatures of citizens of the sending State;



(d)) to submit and verify all documents and documents issued by the authorities of the

the sending or the receiving State and to verify translations, copies and

extracts from these documents.



Article 39



Consular officers are authorized to carry out consular post in

his apartment, in the apartment of one of the citizens of the sending State and the ship or

in the plane of the sending State the following:



and drafting and verification of documents) and contracts, to the citizens of the

of the sending State to conclude, if these documents and contracts are not in

conflict with the legislation of the receiving State and not to the establishment of a

or the transfer of rights to immovable property located in this State;



(b) drafting documents and agreements) and their authentication without regard for the State

the jurisdiction of the Contracting Parties, if these documents and contracts

only to the assets or rights existing in the posting State or

concern matters that are to be implemented in that Member State, provided

that these documents and the contract do not conflict with the regulations of the

of the receiving State.



Article 40



Of the Charter and the documents referred to in articles 38 and 39 are in the receiving

the State of the same force and evidence much as documents certified or

confirmed by the judicial authorities or other competent authorities of that State.



Article 41



1. Consular officers are entitled to receive from the citizens of the sending

State for safekeeping documents, money, valuables and other assets they

belonging.



2. the following documents, money, valuables and assets can be exported from

of the receiving State in accordance with its legislation.



Article 42



Consular officers are entitled under existing international agreements

or, if such agreements do not exist, in a different way, that is in the

accordance with the legislation:



and deliver nationals) of the sending State resident to

the territory of the receiving State, judicial and extrajudicial documents;



(b) deliver to the Court's request) of the sending State shall defray the authorities

the beneficiary State responsible for their handling and deal with yourself

request concerning nationals of the sending State.



Article 43



1. the competent authority of the receiving State shall immediately inform the consular

the authority of the sending State for the death of a citizen of the sending State in the territory of

of the receiving State, and delivers him to extract from the registry book or other document

confirming the death.



2. the same happens if the heir, other authorized party or

odkazovník, which has a fall heritage in the territory of the present

of the receiving State, is a national of the sending State, does not have the

However, permanent residence in the territory of the receiving State and it does not legally

represented.



3. If the competent authorities of the receiving State learn to begin

succession of a deceased citizen of the sending State in the receiving

a State which has no living heirs or executor of the will in

the receiving State shall promptly inform about consular

an official of the sending State.



Article 44



1. the consular officer has the right to:



and to take the necessary measures to) the protection and custody of the inheritance from a deceased

a citizen of the sending State, which is located on the territory of the receiving

State. In this context, may call on the competent authorities of

of the receiving State in order to protect the interests of a national of

of the sending State, requesting that the competent authorities of the receiving State

take the necessary measures to ensure and manage the heritage of a deceased

a citizen of the sending State, and has the right to be informed about taken

measures and be present during inventory and sealing the heritage, if this

National is not represented in any other way;



(b)) to represent and defend the interests of a national of the sending State,

who has or claims to have a right to the heritage left by the territory of the

of the receiving State, regardless of the nationality of the deceased,

If this does not exist in a participating Member State receiving

State or is a minor, until such person has established representative.



2. the consular officer shall provide, directly or through a representative

the necessary assistance to the competent authority of the receiving State in the implementation of

the measures referred to in paragraph 1 of this article.



3. If after completion of the formalities relating to the estates in the receiving

the State falls to the movable heritage or the proceeds from the sale of goods, or

real estate heir, an authorized party or odkazovníku who are

nationals of the sending State who do not reside in the receiving and

State and do not have a representative, the assets or the proceeds from its

sales passed the consular official of the sending State under the condition that

:



and the eligibility of the heirs) has been demonstrated, legitimate participants, or

odkazovníků;



(b)), the competent authorities of the receiving State can be, where this comes in

account, acceptance of passing inheritance or the proceeds from its sale;



(c) any estate debts) within the period prescribed the laws declared

of the receiving State are paid or secured;



(d) heritage) all charges are paid or secured.



4. If a citizen of the sending State who does not have permanent residence in the

the receiving State will die during the short stay or travel in the territory of

This State will be personal belongings, documents, and other monetary amounts

valuables that had this citizen with each other and which have not been requested

present heir, without further formalities passed to provisional custody

consular official for the purpose of submitting them to the heirs or other

authorized person, for which the competent authorities of the receiving State

reserves in order to implement the right to succession of

things. Consular officer passes the things taken pursuant to this paragraph


authority of the receiving State entrusted to their administration or liquidation.

It must also be mindful of the legislation of the receiving State on the export of these

Affairs and the transfer of sums of money.



Article 45



1. As soon as the competent authorities of the receiving State can learn about cases

When it is necessary to appoint a guardian or a guardian for the citizen

the sending State shall notify, in writing, at the consular office.



2. Consular officials may, in the cases referred to in paragraph 1 of this article

come into contact with the competent authorities of the receiving State, and in particular

design appropriate persons to the provisions of the trustee or guardian, in

accordance with the laws of the receiving State.



3. in the case where it is not ensured by minors or other asset management

people not carrying the full capacity to perform legal acts, the consular

the clerk take care of appointment of an administrator of the property or to request

the competent authorities of the receiving State to take the appropriate measures.



Article 46



Consular officer may, in accordance with the legislation of the sending

of the State to take care of a minor citizen of this State, recognizes this

become such a power.



Article 47



In order to facilitate the exercise of consular functions relating to citizens

the consular officials of the sending State shall have the freedom to link with those

citizens and access to them. Citizens of the sending State shall have the same freedom of

connection and access to consular officials.



Article 48



1. the competent authorities of the receiving State shall, without delay, at the latest,

However, within five days, inform the consular post of the sending State to

cases where in his consular district is a citizen of the sending State

taken into custody, or where his personal freedom in any other way

limited. Each message addressed to the consular post by the person who is taken

into custody or whose personal freedom is limited, otherwise these must be

authorities also delivered no later than 10 days. These authorities must, without

delay, inform the person concerned of his/her rights, which has

pursuant to this paragraph.



2. Consular officers shall have the right of a citizen to attend, speak and

to correspond with him and to ensure their legal representation. Exercise of these rights

cannot be postponed for more than 15 days, starting with the withdrawal of the binding

or by limiting his personal freedom. However, if so requested by the consular officer of the

visit citizen after 10 days from the beginning of the deprivation or limitation of

personal freedom of the citizen, must be allowed to visit within five

days of the request.



3. Consular officers have the right to repeatedly visit the citizen

the sending State at the time of detention or in a time when it is in

imprisonment.



4. the rights referred to in this article shall be exercised only in accordance with the

the laws and regulations of the receiving State, provided, however, that these

the laws and regulations referred to the right to invalidate.



Article 49



1. the consular officer has the right to provide any assistance to ships

of the sending State in the consular district, which is located in the

territorial or internal waters and maritime or river

ports of the receiving State.



2. Consular officials may enter the ship of the sending State as soon as

This ship is allowed free intercourse with the coast, and freely interact with the

the captain, crew and passengers, citizens of the sending State.

Consular officer may attend in the company of members of the consular

the Office.



3. the captain and crew members are free to come to the consular

the authority of the sending State, meet and discuss with consular officials with

condition that they comply with the rules and regulations of the port about the transition

national borders.



4. Without prejudice to the right of the competent authorities of the receiving State,

consular officer has the right to:



and) as needed to conduct investigations in connection with any event,

which occurred on the ship of the sending State, listen to the captain of the ship or

any member of the crew in connection with this event, if it is

enabled the laws and regulations of the sending State, check the shipping

documents receive a statement about the voyage and destination of the ship, as well as

provide assistance in connection with the arrival, stay and departure

of the sending State;



(b)) to participate in the resolution of disputes between the captain of the ship and the crew members, including the

disputes from employment contracts and disputes about earnings, to the extent permitted by the laws of

and regulations of the sending State;



(c)) do measures in relation to the appointment and dismissal of Captain of the ship

or members of the crew, if it is authorised by the laws and regulations

of the sending State;



(d)), take measures to the adoption of the captain of the ship or crew members to

hospital or to return to their homeland;



(e)), draft, or receive, any documents or other

documents required by the legislation of the sending State in the

connection with the ships of the sending State or with its cargo;



(f)) do other measures to ensure compliance with the provisions of the sending State

on commercial ships.



5. the Consular official may, where this is not contrary to the laws and

regulations of the receiving State, to act together with the captain or a member of the

the crew before a court or before any other authority of the receiving State to

provide them with assistance in the proceedings before that court or authority.



6. the consular officer may apply to the authorities of the receiving State and

ask them for cooperation in the performance of their duties laid down in this

article.



Article 50 of the



1. If the competent authorities of the receiving State plan to adopt

coercive measures or initiate an investigation on the ship of the sending

the State, which is located in the internal or territorial waters

of the receiving State, those authorities are required to inform the

the competent consular official. If the competent authorities, due to the

the urgency of the matter, not the ability to inform the consular

officer prior to the adoption of those measures and if the consular officer

or his representative was not present the implementation of those measures,

the competent authorities of the receiving State he immediately delivers the information you need

of the measures taken.



2. Without prejudice to the provisions of article 49, the consular officer

the sending State shall be immediately informed in cases where the authorities

competent for the territory of the port will be forced to listen to the captain or

members of the crew on the coast in connection with the events that are not

referred to in paragraph 1 of this article.



3. If the captain of the ship or consular officer has requested, they cannot

the competent authorities of the receiving State to interfere in the internal affairs

the ship, relating to relations between the crew members, labour relations, discipline

or other activities internal nature, provided that this does not disturb the peace and

the safety of the beneficiary State.



4. The provisions of paragraphs 1 and 2 of this article shall not apply to the normal

Customs, passport and health control, nor to measures taken to

the rescue of human life at sea and the rivers, to prevent pollution of the sea

and rivers and other measures taken at the request or with the consent of the captain

the ship.



Article 51



1. When a ship sending State fails, gets stuck or is in any way

otherwise damaged in the internal or territorial waters of the receiving

State, the competent authority of the receiving State shall inform immediately

consular post and get acquainted with the measures undertaken to the rescue

the passengers of the ship, crew and cargo.



2. the consular officer can provide any assistance to the ship, the members of the

the crew or the passengers, as well as to take measures to protect the cargo and

the repair ship. The competent authorities of the receiving State shall provide all

necessary assistance to the consular officer during the adoption of the measures

the crash of the ship of the sending State. Consular officer may also

ask the authorities of the receiving State of the adoption of such measures.



3. If the owner of the ship, the captain of the ship or other authorized person are not

to take the necessary measures to protect the ship and its cargo, can

consular officer if it is allowed to the laws and regulations of the sending

the State, on behalf of the owner of the ship to take measures which would be made in such a

If the owner of the ship.



4. The provisions of paragraph 3 of this article shall also apply to each

subject belonging to a national of the sending State, which is

part of the cargo of the ship of the sending State or a third State and was

found on the coast or near the coast or was brought to

the port of the receiving State.



5. the Crashed ship and its cargo, as well as the food on the ship are not subject to

customs charges on the territory of the receiving State, except when the

will be passed to be used or for consumption in this State.



Article 52



The provisions of articles 49 to 51 of this Convention shall apply mutatis mutandis to aircraft

the posting State provided that their consumption is not in conflict with

provisions of bilateral or multilateral agreements in force between the Contracting

parties.



Article 53



Consular post in the territory of the receiving State to choose from for the consular


acts of consular fees established in the laws and regulations of the sending

State.



Article 54



1. In addition to the functions specified in this Convention, consular officer has the right to

perform other consular functions it entrusts the sending State,

If they are not in conflict with the legislation of the receiving State, and if the

This State is not against them and their performance.



2. with the agreement of the receiving State, the sending State may exercise

consular functions in the recipient State in the name of a third State.



TITLE V OF THE



Final provisions



Article 55



In his official correspondence with the authorities of the receiving State will be

consular officials to use the official language used in the consular

the circuit.



Article 56



1. Without prejudice to their privileges and immunities, all persons enjoying

These privileges and immunities to respect the laws and regulations of the receiving

State, including traffic laws and regulations about motor insurance

vehicles.



2. Consular officials from the profession and consular staff cannot

in the receiving State may exercise any gainful or commercial activity

for personal gain or not to interfere in the internal

the Affairs of the receiving State.



3. Consular room will not be used in a manner which would

conflict with the exercise of consular functions.



Article 57



1. members of the consular post who are nationals of the receiving State

or have permanent residence, subject to the jurisdiction of the receiving State

with the exception of cases, when it comes to the performance of their functions. Do not enjoy the privileges and

immunities on the basis of the provisions of title III of this Convention, except those that

by article 22, paragraph 3.



2. the provisions of title III of this Convention, with the exception of article 22, paragraph 3, the

do not apply to:



and) family members of persons under paragraph 1 of this article, or family

members of the consular post of the Member who are nationals of the receiving

State or are resident;



(b) members of the private staff) who are nationals of the receiving State

or have permanent residency.



3. the receiving State must exercise its jurisdiction over persons

referred to in paragraphs 1 and 2 of this article in such a way as to

for no reason did not restrict the exercise of consular functions.



Article 58



1. the provisions of this Convention shall apply mutatis mutandis to the exercise of the consular

the functions being carried out by diplomatic missions.



2. The names of members of a diplomatic mission entrusted with the exercise of consular functions

in the framework of this diplomatic mission are communicated in writing to the Ministry of

Foreign Affairs of the receiving State.



3. the members of the diplomatic mission referred to in paragraph 2 of this article and

continue to enjoy the privileges and immunities that have as members of the diplomatic

the mission.



Article 59



1. this Convention shall be ratified and shall enter into force on the thirtieth day after

the exchange of instruments of ratification, which will take place in Belgrade.



2. the Convention is concluded for an unlimited period of time. Each Contracting Party may

terminate in a period of notice of 6 months.



Article 6O



Date of entry into force of this Convention shall cease to apply the Convention on the

consular relations between the Czechoslovak Socialist Republic and the

The Socialist Federal Republic of Yugoslavia signed at Prague on 24.

June l963.



On the evidence of the agent of both parties, have signed this Convention, and

obtain it seals.



Done at Prague on 10. December 1981 in two copies, each in the Czech

and the Macedonian language, both texts being equally authentic.



For



Czechoslovak Socialist



Republic of:



Dr. Dušan Spáčil v.r.



For



Socialist Federal



Republic of Yugoslavia:



Miodrag Vlahovič v.r.