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.