143/1973 Sb.
DECREE
Minister of Foreign Affairs
of 5 April 2004. October 1973
a Consular Convention between the Czechoslovak Socialist Republic and the
Of Soviet Socialist Republics
27 June 2002. April 1972 was in Moscow signed a consular Convention between
The Czechoslovak Socialist Republic and the Union of Soviet
Socialist Republics.
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 Prague on 8. August 1973.
According to article 43 paragraph 1. 1 the Convention entered into force on 7 February 2004. September
1973.
The Czech version of the Convention shall be published at the same time.
First Deputy Minister of:
Krajčír in r.
Consular Convention
between the Czechoslovak Socialist Republic and the Union of Soviet
Socialist Republics
The President of the Czechoslovak Socialist Republic and the Presidium of the Supreme
Soviet Union of Soviet Socialist Republics, guided by the desire to further
to develop friendly relations, in accordance with the Treaty of friendship,
cooperation and mutual assistance between the Czechoslovak Socialist
Republic and the Soviet Socialist Republics, signed in
Prague, may 6. May 1970, with a view to buying the amendment to the Consular
the Convention between the Czechoslovak Republic and the Union of Soviet
Socialist Republics, signed in Prague on 5. October 1957,
have decided to conclude this Consular Convention and to this end have designated their
agents:
The President of the Czechoslovak Socialist Republic
Bedřich Illka, head of the Consular Department of the Federal Ministry of
Foreign Affairs of the Czechoslovak Socialist Republic,
Presidium of the Supreme Soviet Union of Soviet Socialist Republics
Nikolai Ivanovich Moljakova, head of the Consular Department of management
Foreign Affairs of the Union of Soviet Socialist Republics,
who, having exchanged their full powers, found in good
order and in the prescribed form, have agreed as follows:
Part I
The definition of the
Article 1
For the purposes of this Convention the following expressions have the following meanings:
1. "consular post" is a Consulate General, Consulate, vicekonzulát and
Consular Agency;
2. "head of consular post" is the Consul General, Consul, Vice-Consul
and consular agent, which is responsible for the leadership of the consular post;
3. "consular officer" is any person, including the head of the consular
the Office, which was responsible for the exercise of consular functions. The term "consular officer"
It also includes a person posted on the Consular Bureau to get practices in
consular services (trainees);
4. "consular employee" is a person who is not a consular officer
and in the consular post shall exercise administrative or technical services.
The expression "consular employee" includes chauffeurs, servants,
gardeners, etc., performing services for the consular post;
5. "consular rooms" are the buildings or parts of buildings, including
the residence of the head of the consular post, and land belonging to these
buildings or parts of buildings used exclusively for consular purposes,
without regard to who owns them;
6. "consular archives" are all documents, ciphers, documents, books,
the technical means and equipment intended for their safekeeping;
7. "vessel" means any ship flying the flag of the sending State.
Part II
The establishment of consular posts and the appointment of consular officials
Article 2
(1) Consular Office may be established in the territory of the receiving State only
with his consent.
(2) the seat of the consular post, its classification and its boundaries
consular jurisdiction determined after mutual agreement of the sending and
of the receiving State.
Article 3
(1) before the appointment of the head of the consular post of the sending State's
will require the consent of the receiving State through the diplomatic channel with this
the appointment.
(2) the sending State shall, through its diplomatic
representation of the Ministry of Foreign Affairs of the receiving State konzulský
patent or any other document on the appointment of the head of the consular office. In
a patent or another document shall indicate the name and surname of the head of
consular post of his nationality, class, consular district, in
which will perform their tasks, and the seat of the consular office.
(3) following submission of a patent or another document on the appointment of beneficiary
State grants to the head of consular post, if possible, in a short time
exequatur or other permit.
(4) The issue of exequatur or other permit the receiving State
grant the head of consular post of the consent to the provisional enforcement of its
features.
(5) the head of the consular post may take the performance of their duties,
as soon as the receiving State grants or other authorisation. exequatur
(6) from the date of recognition of the head of the consular post or of granting
the provisional authorisation by the authorities of the receiving State shall be the measures necessary
to enable it to carry out its functions.
Article 4
The sending State shall notify the Ministry of Foreign Affairs in advance
name and surname of the recipient State, nationality and function
the consular officer appointed to a post in a different function than
the head of the consular office.
Article 5
The consular officer can only be a citizen of the sending State.
Article 6
The receiving State may at any time notify through diplomatic channels
sending State, without the obligation to give the reasons for its decision, that the
exequatur or other authorisation granted to the head of the consular office was
revoked, or that the consular officer or consular employee is
unacceptable. In this case, the sending State shall revoke the
This consular official or employee, if already took their
features.
Part III
Privileges and immunities
Article 7
(1) the receiving State shall ensure consular official protection and shall take
the necessary measures to enable it to discharge its responsibilities and use
all the rights, privileges and immunities were granted to it by the Convention and laws
of the receiving State.
(2) the receiving State shall take the necessary measures to ensure the protection
Consular Office of the consular officials and housing.
Article 8
(1) if the head of the consular post for any reason to exercise
their function, or if his place temporarily unoccupied, the sending
State delegate of the consular official in this or another consular
authority in the receiving State, or one of the members of the diplomatic
the staff of its diplomatic mission in the receiving State the provisional
the leadership of the consular office. His full name is in
Ministry of Foreign Affairs of the receiving State.
(2) the person in charge of the provisional leadership of the issuing consular office shall be entitled to
to perform the functions of the head of the consular office in whose place was
appointed. Has the same obligations, and shall enjoy the same rights, privileges and immunities
as a person designated pursuant to article 3 of this Convention.
(3) appointment of a member of the diplomatic staff of diplomatic missions
of the sending State to the consular officer in accordance with section 1 of this article shall
without prejudice to the privileges and immunities arising from its diplomatic Statute.
Article 9
The sending State may, in accordance with the laws of the receiving State to take into
ownership or tenancy by any means land, buildings or their
section for the location of the consular post, as well as the accommodation of consular
the officials and servants of the consular office.
If necessary, the receiving State will provide the sending State aid
When the acquisition of land, buildings or their parts for these
purposes.
Article 10
(1) On the building of the consular post may be placed with the consular shield
emblem of the sending State, as well as the name of a consular post in the language
the sending State and the receiving State in the language.
(2) on the building and the residence of the head of the consular office of the consular
the Office may flag the cocking of the sending State.
(3) the head of the consular post may also use the flag of the sending
State on their vehicles.
Article 11
(1) buildings or parts thereof used exclusively for the purposes of the consular
the Office, as well as the land belonging to them, shall be inviolable.
The authorities of the receiving State cannot enter the buildings or their
parts, which are used exclusively for the purposes of the consular office as well as
on land belonging to them, without the consent of the head of the consular
the Office of the head of the diplomatic mission of the sending State or the person
in charge of one of them.
(2) the provisions of paragraph 1 of this article shall apply also to the flats
consular officials and employees.
Article 12
The consular archives are always and everywhere be inviolable.
Article 13
(1) Consular Office has the right to join his Government, or
diplomatic missions and consular posts of the sending State. For this
the purpose of the consular post may use all of the usual connection
resources, ciphers couriers and sealed bags.
When using the usual consular office charged fasteners
the same tariffs as for a diplomatic mission.
(2) the official consular correspondence, regardless of the
fasteners, as well as the sealed bags fitted with a visible
Mark tells us about their official character, are inviolable and
cannot be controlled nor detained by the authorities of the receiving State.
(3) the Consular couriers of the sending State shall enjoy in the territory of the
of the receiving State the same rights, privileges and immunities as diplomatic
couriers.
(4) the Consular baggage may be entrusted to the captain of the ship or aircraft,
which shall issue an official document indicating the number of bags that make up
the shipment, but that will not be treated as a consular courier.
Consular officer can take your luggage directly and freely from the hands
the captain of the ship or aircraft and also pass this to him.
Article 14
The person of the consular officer and the consular staff is
inviolable. Must not be imprisoned or detained in any way.
The beneficiary State shall take all necessary measures to prevent the
any attacks on his person, freedom and dignity.
Article 15
(1) a consular officer or consular employee is excluded from the
the jurisdiction of the receiving State, except cases when it is:
and substantive action on) on private property in the territory of
of the receiving State, unless it's own on behalf of the sending State
for consular purposes;
b) in an action relating to succession in which the consular officer or
employee as a private person and not on behalf of the sending
State of the executor of the will, administrator of heritage, the heir or
odkazovníkem;
(c)) in an action relating to a profession or business activity, which
consular officials or other servants shall be exercised in the receiving State, in addition to
of their official functions.
(2) No administrative measures can be taken against the
consular officer or a consular employee, with the exception of
the cases referred to in subparagraphs), b), c) of paragraph 1 of this article and
otherwise, only under the conditions that the administrative action can be taken without
a breach of the inviolability of his person or of his dwelling.
(3) members of the families of consular officers or consular employees
Office, provided that they live in a common household with them, are exempt from the
the jurisdiction of the receiving State shall enjoy personal inviolability and in
same extent as consular officers or consular employees
the Office.
(4) the sending State may waive the immunity of consular officers,
consular employees and members of their families. Waiver of immunities
in all cases, must be express. Give up the immunity from jurisdiction in
Civil and administrative matters does not mean giving up immunity in respect of about
enforcement enforcement of decisions, which is necessary to give up separately.
Article 16
(1) a consular officer or consular employee is not obliged to
to testify as a witness.
(2) in the case of the agreement of the sending State to the consular officer or
consular employee testified as a witness, the person can
at the request of a witness to testify.
(3) coercive measures, which aim to persuade the consular officer
or employee of a consular post to testify before a court or to
for this purpose, arrive at Court, as well as his prosecution in the case that
refuses to testify or fails to appear in court are inadmissible.
(4) employee of the consular post, on which, according to article 26 of the
The Convention shall not apply the provisions of points 1, 2 and 3 of this article, you may
refuse to give evidence as a witness of the facts relating to the business
activity.
(5) in applying the provisions referred to in paragraph 2 of this article shall be
all necessary measures are taken to avoid disruption
the consular office. In cases where it is possible, can be oral or
written testimony of the consular post or in an apartment
the competent consular officer or consular employee.
(6) the provisions of this article shall apply to the judicial proceedings, and
the proceedings carried out by the administrative authorities.
(7) the provisions of this article shall apply accordingly to the
members of the families of consular officers and consular employees,
If they live in a common household.
Article 17
(1) a consular officer or consular employee is in
the receiving State shall be exempt from military duties and from public
obligations of any kind.
(2) the provisions of paragraph 1 of this article shall also apply to nationals of
families of consular officers and consular employees living with
them in the same household.
Article 18
Consular officer or a consular employee, as well as
members of their families living with them in the same household, are
exempt from compliance with all the obligations laid down in laws and regulations
the receiving State concerning registration, residence permits and other
similar obligations imposed on foreigners.
Article 19
(1) the sending State to the receiving State shall be exempt from any taxes
and fees for:
land, buildings or parts of buildings used exclusively for consular
purposes, including housing the consular officials and staff of the consular
the authority, if that property is owned or leased
the sending State or of natural or legal persons acting under the
of that State;
legal acts or documents relating to the acquisition of immovable property
property when the sending State gets these assets solely for the
consular purposes.
(2) the provisions of paragraph 1 of this article shall not apply to payments for
services rendered.
Article 20
Consular officer or a consular employee in
the receiving State shall be exempt from all taxes and charges levied and
levied by the receiving State of the salaries for the official
duties.
Article 21
Consular officer or consular employee and members of their
families living with them in the same household are in the receiving State
exempt from all taxes and fees for State, district and local.
Movable property of these persons is also exempt from taxes and fees.
Article 22
(1) the receiving State does not and does not levy any taxes and fees from
movable property in the possession of the sending State or that
It is in his possession or use and is being used for consular purposes, and
also in connection with the acquisition of such property, that would be in another
If the sending State was obliged by law to pay.
(2) all objects, including cars, imported exclusively for business
the purposes of the issuing consular office shall be exempt from customs and all other
fees payable upon importation as well as the items imported for
business purposes of the diplomatic mission of the sending State in the State
the receiving.
(3) the personal baggage of the consular official and his family members
shall be exempt from customs control. Consular officer or employee
the consular office as well as members of their families living with them in the
together, they are exempt from customs and other fees
imposed on imports according to the appropriate category of personnel of the diplomatic
the Mission of the sending State.
(4) the term "competent personnel category diplomatic missions" in the
paragraph 3 of this article, the members of the diplomatic staff,
in the case of consular officers, and members of the administrative
technical staff, if it is on the staff of the consular office.
Article 23
(1) in relation to consular activities may levy a consular post
fees set by the sending State.
(2) the sending State shall be exempt from all State, County and
local taxes and fees, levied by the receiving State of the prescribed and
out of the amounts referred to in paragraph 1 of this article.
Article 24
All persons who, pursuant to this Convention shall enjoy privileges and immunities as are
shall, without prejudice to their privileges and immunities to respect the laws and
regulations of the receiving State, including laws and regulations governing the
road traffic and car insurance.
Article 25
Consular officer is in the performance of their duties the right to
to move freely within its consular district, if it is not contrary to
laws and regulations of the receiving State in respect of the area to which the
admission is prohibited or restricted for reasons of national security.
Article 26
The provisions of articles 11 (1) 2, 14, 15, 16 para. 1, 2, 3 and 7, 17, 18, 20,
21, paragraph 22. 3 this Convention shall not apply to nationals of the receiving State
or to persons permanently resident in the receiving State.
Part IV
Consular functions
Article 27
Consular officer has the right to, in its consular area:
and) to protect the rights and interests of the sending State, its citizens and legal entities
people;
(b)) to facilitate the development of commercial, economic, cultural and scientific
relations between the sending State and the receiving State, support the development of
tourism and otherwise contribute to the development of mutual relations;
(c)) in addition, the consular officer may perform other official
the consular function, if it is not contrary to the laws of the receiving State;
d) in discharging its functions, the consular officer may
in writing or verbally refer to the competent authorities of the consular district.
Article 28
(1) a consular officer has the right to consular circuit:
and all of the representations) to receive citizenship, necessary
According to the laws of the sending State;
(b)) to keep a record of citizens of the sending State;
(c)), extensions, cancel passports, entry, exit and transit
Visa and other similar documents, as well as make changes;
d) register and be informed of the birth or death of a citizen of the sending
State;
e) to enter into marriage and distribute in accordance with the laws of the sending
the State on the condition that both persons are nationals of the sending State;
(f) receive representations regarding) family relations of the citizens of the sending
State in accordance with the laws of the sending State;
g) verify the documents.
(2) a consular officer shall inform the competent authorities of the receiving State to
acts in civil matters carried out and registered on
the consular authority in accordance with point (d)) and f) of paragraph 1 of this article,
If required by the laws of the receiving State.
Article 29
(1) a consular officer has the right to exercise in the circuit to the consular notarial
functions under the laws of the sending State:
and at the request of any person) of nationality for the purpose of use in
the posting State;
(b)), at the request of citizens of the sending State for use outside the
of that State.
(2) a consular officer has the right to submit documents and verify the
the accuracy of the translations.
Article 30
Drawn up or certified documents or documents translated to the consular
officer in accordance with article 29 of this Convention will have on the receiving
State the same legal significance and probative force as documents
drawn up, translated or certified by the competent authorities and the authorities of
of the receiving State.
Article 31
(1) a consular officer has the right to accept in trust for the citizens of
the sending State documents, money, valuables and another belonging to them
asset.
(2) such documents, money, valuables and assets can be exported from the
of the receiving State in accordance with its laws.
Article 32
(1) the competent authorities of the receiving State shall inform the consular
an official at the time of the shortest as possible about the death of a citizen of the sending State and
particulars about heritage, dědice, as well as about the existence of the will.
(2) the competent authorities shall inform the consular officer about the legacy of the
the territory of the receiving State, provided it is the heir of a citizen of the sending
State.
This applies even in cases where the competent authorities of the receiving State finds
the existence of the heritage for the benefit of the citizen of the sending State in the territory of
of a third State.
Article 33
The scope of consular officials in probate matters is regulated
provisions of the Treaty between the Czechoslovak Socialist Republic and the
Of Soviet Socialist Republics on legal assistance in matters of
civil, family and criminal matters.
Article 34
Consular officer has the right to empower it to do so by the laws of the sending
State adoption and guardianship make provision in those cases where the
According to the Treaty between the Czechoslovak Socialist Republic and the Union of
of Soviet Socialist Republics on legal assistance in matters of
civil, family and criminal matters, implementation of adoption or the establishment of a
guardianship belongs to the scope of the sending State.
Article 35
Consular officer has the right to be represented before the circuit in the consular
the authorities of the receiving State, the citizens of the sending State, if
they cannot, because of its absence or for other serious reasons to defend
in time their rights and interests. This representation takes in the meantime, until the
represented by persons not appointed your agent or until they themselves neujmou
the defence of their rights and interests.
Article 36
(1) a consular officer has the right to associate and act in its consular
the perimeter with any national of the sending State, advise and provide
all the assistance, including legal assistance when necessary.
The beneficiary State shall in no way restrict relations with the citizen of the sending State
consular office and access to the consular office.
(2) the competent authorities of the receiving State shall forthwith inform the competent
the consular official of the sending State on the imprisonment or a detention
a citizen of the sending State.
(3) a consular officer has the right without delay enter in contact with the citizen
of the sending State who is in prison or otherwise detained, or that
is serving a sentence of imprisonment. Rights under this paragraph shall be applied
in accordance with the laws and regulations of the receiving State, but under the conditions,
that the laws and regulations of the other of these rights.
Article 37
(1) a consular officer has the right to provide all the support and assistance
the ship of the sending State in the ports, territorial waters or
inland waters of the receiving State.
(2) a consular officer may board a ship of the sending State,
as soon as the boat will be allowed free access to the coast and the captain of the ship and
crew members will be able to establish a connection with the consular officer.
(3) a consular officer may call on the competent authorities of
of the receiving State for assistance in all matters relating to the
the performance of its obligations to the ships of the sending State, as well as the captain
and crew members of ships.
Article 38
Consular officer has the right in the consular area:
and investigate all the events) have occurred during the voyage on the ship
of the sending State, questioned the captain and any crew member
the ship of the sending State, check shipping documents, receive messages
on cruises, and destination of the ship, as well as facilitate input, output, and
stay boats in the port, if it does not violate the rights of the authorities of the receiving
State;
(b)) to deal with any disputes between the captain and any crew member
including any disputes concerning wages and employment contract, if it is
provided for by the laws of the sending State, if it does not violate the rights of the institutions
of the receiving State;
(c)) do measures to hospital treatment and return to the homeland
the captain or any member of the crew of the ship;
(d)) to receive, make or verify any statement or other
document under the laws of the sending State in the case of ships.
Article 39
(1) in the event that the courts or other competent authorities of the receiving
the State had sought to take any enforcement action or initiate
any official investigation at ship of the sending State, the competent
the authorities of the receiving State shall inform the competent consular
official. This notification is to be made prior to the implementation of such measures,
so that the consular officer or his representative may be present at the
the implementation of these measures. If the consular officer or
the representative was not present, the competent authorities of the receiving State
at his request, full information about what has been done.
(2) the provisions of paragraph 1 of this article shall also apply in this case,
If the captain or crew members of the ship are to be questioned on the shore
authorities of the port.
(3) the provisions of this article shall not apply when the normal customs, immigration
or health check, as well as any measures
made at the request of or with the consent of the captain of the ship.
Article 40
(1) If a ship is shipwrecked of the sending State, if it runs aground or
If the elder's absolution to shore, or to otherwise fail in the receiving State,
or if any object that is part of the wrecked cargo
the ship of a third State, and is the property of a citizen of the sending State, it is found
on the shore or near the shore of the receiving State or the
the port of this State, it shall notify the competent authorities of the receiving State
as soon as possible to the competent consular officer. They will also inform
the consular officer on the measures that have already been taken to
the rescue people, ship, cargo, and other property on board the ship and articles
belonging to the ship or its cargo, forming part of that
detached from the ship.
(2) a consular officer can provide any assistance to such a ship,
its passengers and members of her crew. For this purpose, may request to
assistance to the competent authorities of the receiving State. The consular officer may
do the measures referred to in paragraph 1 of this article, as well as measures for the
to repair the ship, or may request the competent authorities to do the
or such measures continue.
(3) if the ship is wrecked or any article belonging to this ship
He was found on the shore or near the shore of the receiving State, or has been
imported into the port of that State, and if the captain of the ship or
the owner, his agent or the relevant insurers are unable to make
measures for the conservation of such ship or subject or loading them,
consular officer shall be deemed to do so on behalf of the owner for the authorised
the ship measures, which could make for such purposes by the owner himself.
The provisions of this paragraph shall also apply to any subject that
It is part of the cargo of the ship, and is the property of a citizen of the sending State.
(4) if any subject that is part of the wrecked cargo
the ship of a third State, is the property of a citizen of the sending State and is found
on the shore or near the shore of the receiving State or is delivered to the
a port of that State, and even the captain of the ship, nor the owner of the subject, his
representative or the relevant insurers are unable to make arrangements for
the preservation of such an article, or dealing with him, shall be deemed to
consular officer, on behalf of the owner of the authorized amount for such
the measures, which could make for such purposes by the owner himself.
Article 41
Articles 37-40 also apply mutatis mutandis to aircraft.
Part V
General and final provisions
Article 42
(1) The members of the diplomatic staff of the diplomatic mission of the sending
State in the receiving State, responsible for fulfilling consular functions on the
This mission, subject to the rights and duties of consular officials, according to
of this Convention.
(2) the exercise of consular functions by the persons referred to in point 1 of this
the article is without prejudice to privileges and immunities arising from their diplomatic
of the Statute.
Article 43
(1) this Convention is subject to ratification and shall enter into force on the thirtieth day after
the exchange of instruments of ratification, which will be performed in Prague as soon as possible.
(2) the Convention shall remain in force for a period of six months from the date on which one
of the Contracting Parties shall notify the other party of its intention to terminate its
force.
(3) the date of entry into force of this Convention shall cease to Consular
the Convention between the Czechoslovak Republic and the Union of Soviet
Socialist Republics, signed in Prague on 5. October 1957.
On the evidence of the agent of both parties, have signed this Convention, and
getting it your seals.
Done at Moscow on 27. April 1972 in two copies, each in the language
the Czech and Russian languages, both texts being equally authentic.
For the President of the Czechoslovak Socialist Republic:
Bedřich Illek in r.
For the Presidium of the Supreme Soviet
Union of Soviet Socialist Republics:
N. i. Moljakov in r.
XIII.
PROTOCOL
the Consular Convention between the Czechoslovak Socialist Republic and the
Of Soviet Socialist Republics
Upon signature of the Consular Convention between the Czechoslovak Socialist
Republic and the Soviet Socialist Republics (hereinafter referred to as
Convention), which occurred today, with the agents of the parties
agreed about this:
(1) an awareness of the consular officer referred to in paragraph 2 of article 36
The Convention shall be carried out during three days of detention or other detention
a citizen of the sending State.
(2) the rights of the consular official to visit citizen of the sending State and
deal with it, referred to in paragraph 3 of article 36 of the Convention, shall be provided during the
four weeks of custody or other detention such citizen.
(3) the rights of the consular officer referred to in paragraph 3 of article 36 of the Convention
visit the citizen of the sending State and deal with it at a time when it is in
custody or otherwise detained or is serving a sentence of imprisonment is
provide periodic.
(4) this Protocol shall be an integral part of the Convention.
On the evidence of the agent of both parties, have signed this Protocol and
getting to their seals.
Done at Moscow on 27. April 1972 in two copies, each in the language
the Czech and Russian languages, both texts being equally authentic.
For President
The Czechoslovak Socialist Republic:
Bedřich Illek, v. r.
For the Presidium of the Supreme Soviet
Union of Soviet Socialist Republics:
N. i. Moljakov, v. r.
