Decree No. 46 / 1958 Coll.
Declaration on the Consular Convention between the Czechoslovak Republic and the Union of Soviet Socialist Republics
Valid
Effective from 21.07.1958
46
Decree of the Minister for Foreign Affairs
of 8 August 1958
on the Consular Convention between the Czechoslovak Republic and the Union of Soviet Socialist Republics
The Consular Convention between the Czechoslovak Republic and the Union of Soviet Socialist Republics was negotiated in Prague on 5 October 1957.
The National Assembly gave its assent to the Consular Convention on 16 April 1958 and was ratified by the President of the Republic on 30 June 1958. The instruments of ratification were exchanged in Moscow on 21 July 1958.
Pursuant to Article 24 of the Consular Convention, the Convention entered into force on 21 July 1958.
The Czech version of the Consular Convention is published in the Annex to the Collection of Laws. *)
David v. r.
CONSULAR CONVENTION
between the Czechoslovak Republic and the Union of Soviet Socialist Republics
President of the Czechoslovak Republic and Presidium of the Supreme Soviet Union of Soviet Socialist Republics in order to further strengthen friendship between the peoples of the two countries, seeking further development of consular relations between the two states, decided to conclude this Consular Convention and appointed for this purpose by their agents:
President of the Czech Republic
Dr. Antonín Gregor,
First Deputy Minister for Foreign Affairs,
Presidium of the Supreme Soviet Union of Soviet Socialist Republics
I. T. Grichina,
the extraordinary and authorised ambassador to the USSR in the Czechoslovak Republic,
who, following the submission of their full powers which have been found to be in the proper order and in the prescribed form, have agreed on the following:
I. Establishment of consulates, broadcasting and reception of consulates
In accordance with this Convention, each Contracting Party shall be granted the right to establish consulates in the territory of the other Contracting Party.
The seats of the consuls and their circuits shall be determined by agreement of the Contracting Parties in each individual case.
Whenever "consuls" are referred to in this Convention, they shall be understood as "consulates-general," "consuls-general," "consuls," "vice-consuls," and "consulate-general."
Before the appointment of a consul, the Contracting Party sending a consul shall seek the consent of the Contracting Party in whose territory the consul will perform its functions.
The diplomatic representative of the Contracting Party that has appointed the consul shall submit to the Party in whose territory the consul will carry out its duties a consultative patent stating the name and surname of the consul, his consular rank, his designated consular district and his future seat.
The consultation shall be recognised by the beneficiary State in the form of exequatur, which shall be granted without delay upon presentation of the patent.
On the basis of that exequatur, the consular authorities shall take the necessary measures to enable the consuls to fulfil their duties and to enjoy the rights, privileges and benefits accorded to them.
Consuls shall carry out their duties after recognition by the beneficiary State. From this point on, the consul shall enjoy the rights, privileges and benefits conferred upon them by this Convention.
In the event of the absence, illness or death of the consul and in all other cases preventing the consul from carrying out his duties, one of the consular staff whose name has been communicated in good time to the Ministry of Foreign Affairs of the recipient State shall temporarily carry out consultative functions without the need for specific consent, and shall enjoy, for that period, the rights, privileges and benefits conferred on this Convention to consultations.
The competent authorities of its consular district must be informed of the fact that the consul cannot fulfil its duties.
II. Rights, privileges and benefits of consul and consular staff
Consuls and consular staff, if they are citizens of the sending State, shall not be subject to the jurisdiction of the courts and administrative offices of the receiving State in their professional activities.
At the invitation of the judicial authorities of the recipient State, the consuls and consular staff shall appear as witnesses to those authorities. Where a consul or consular worker is unable to attend, the authorities of the recipient State shall hear it in the consulate's rooms or in his apartment, or, if the laws of the recipient State so permit, shall request written notice.
Consuls and consular staff may refuse to give evidence of the circumstances relating to their activities.
The provisions of this Article shall also apply to the same extent to proceedings carried out by administrative authorities.
The offices and archives of the consulate, as well as the official correspondence of the consuls, are untouchable, but must be completely separated from the consul's personal property and his private correspondence. If they are located in the same room, they shall be placed separately.
No enforcement measures shall be implemented by the authorities of the beneficiary State in the service rooms and also in the private rooms of the consul. The authorities of the beneficiary State may not enter these rooms without the consent of the Consul.
Service correspondence and service reports, irrespective of the way they are transmitted between the consulate and the authorities of the sending State, shall be inviolable and shall not be subject to control. The authorities of the sending State shall also mean its diplomatic and consular representative offices.
In correspondence with all the authorities mentioned above, the consuls have the right to use encryption and diplomatic mail. When using ordinary means of connections (mail, telegraph, telephone, radio), the consuls pay for their services according to the same rates as diplomatic representatives.
Consuls have the right to post shields on consulate buildings with the emblem of the sending State and the name of the Office. They shall have the right to raise the flag of the sending State on those buildings and on the commercial vehicles used.
Consuls and consular staff, where they are citizens of the sending State, shall be exempt from all direct taxes and personal duties in the territory of the receiving State.
Those persons shall be exempt from military substantive obligations such as services, props and military accommodation in respect of immovable or movable property or means of transport which are in official or personal use.
The real estate of the sending State, intended for the location of the consulate or for the housing of consuls and consular staff, shall be exempt from all direct taxes.
Consuls and consular staff, if they are citizens of the sending State, shall be exempt from customs duties on a reciprocal basis to the same extent as those of diplomatic representative offices.
Articles intended for the official use of the consulate shall be exempt from customs duties and all other charges.
The provisions of Articles 8 and 10 shall also apply to the wives of the persons referred to in those Articles and to their minor children living in the common household if they are citizens of the sending State.
III. Professional activities of the consuls
Consuls assist in the development of political, economic and cultural contacts between the two countries in a broad way.
Consuls have the right to defend in their consular district the rights and interests of their state, as well as its citizens and legal persons.
In carrying out their duties, the consuls may contact the competent authorities of their consular district and oppose the violation of the rights and interests of the sending State or its citizens and legal persons.
Consuls shall have the right to keep records of their country's citizens and to issue or extend passports or other personal ID cards to such citizens, as well as certificates of service actions undertaken by the consul, to issue visas or other authorisations for entry into or exit from the sending State to the citizens of the receiving State or the citizens of a third State, as well as to carry out all other activities related to the registration and issuing of documents to the citizens of the sending State.
Consuls shall have the right, if the legislature of the sending State so permits, to carry out the following acts in their official offices or in their homes as well as in those of interested parties:
1. receive and confirm requests from citizens of the sending State;
2. to write, verify and accept for the safekeeping of the will and other documents relating to the unilateral acts of the citizens of the Contracting Party which appointed the consuls and to receive for the safekeeping of the property and documents of those citizens;
3. to write, verify and confirm contracts concluded between citizens of the sending State, unless such arrangements are contrary to the laws of the receiving State. However, they may not write or confirm contracts for the acquisition or disposal of rights in kind in respect of buildings and land situated in the territory of the beneficiary State;
4. to draw up and confirm contracts between the citizens of the sending State and the citizens of the receiving State, provided that such contracts relate exclusively to interests in the territory of the sending State or to matters to be terminated or completed in that State, provided that such contracts do not conflict with both the laws of the sending State and the State of the receiving State;
5. verify the signatures of the citizens of the sending State on various documents and legalise the documents and documents issued by the authorities or officials of the sending or receiving State, as well as the copies thereof;
6. verify the accuracy of translations of the various documents issued by the authorities and officials of the sending or receiving State;
7. Receive money and valuables from citizens and organisations of the sending State or money and valuables for those citizens and organisations designated;
8. Perform other acts which may be entrusted to them unless they are contrary to the laws of the beneficiary State.
The documents and documents referred to in Article 15, as well as translations, copies of documents and extracts thereof, drawn up or authenticated by the Consul, shall be recognised as documents, documents, translations, copies and extracts in the territory of the beneficiary State having the same effectiveness and relevance as if they had been drawn up, verified or translated by the competent authorities or authorities of the beneficiary State.
Consuls shall have the right to represent citizens and legal persons of the sending State before the court and other authorities of the receiving State, where such citizens or legal persons are unable to defend their rights and interests in good time in the absence or other serious causes; such representation shall continue until such time as the representative has appointed his agents or has taken over the defence of his rights and interests.
Consuls shall have the right, if empowered by the laws of the sending State, to issue proof of the birth and death of their citizens.
They may be married if they are both married, citizens of the sending state. If one person is a citizen of the sending State and the other is a citizen of the recipient State, marriage may be concluded before the consul if this does not conflict with the laws of the receiving State. The conclusion of marriages is carried out in agreement with the laws of the broadcasting state.
The provisions of the preceding paragraph shall also apply to the issue of divorce documents.
However, those provisions shall not relieve the persons concerned of the obligation to make the relevant reports or to carry out the relevant registration required by local law.
Consuls shall have the right, where they are empowered by the legislature of the sending State, to supervise the detention and custody of minors and non-arbitrary citizens of their State living in their consular district.
To this end, they shall have the right to establish custody or custody and to supervise the activities of guardians and guardians.
Consuls shall have the right, within the limits of the legislature of their State and the legislature of the State receiving them in person or through their agents, to provide all necessary assistance to the aircraft of their State located in the territory of the other Contracting Party.
In particular, they may support crew members and passengers in their contact with the local authorities of the receiving State in the event of an emergency landing and take appropriate measures to continue their journey.
During accidents or accidents involving aircraft of a sending State, the Consul may take or request measures to provide assistance to crew members and passengers, to protect cargo and repair aircraft.
The provisions of this Article shall not affect the provisions of other mutual assistance agreements in the event of accidents or accidents.
Consuls may, in person or through their agents, provide all assistance and support to commercial and warships flying the flag of their State which have arrived at the port of their consular district.
In all cases, local authorities shall be required to provide the necessary assistance to the consultations at their request.
If the authorities of the beneficiary State intend to take any enforcement action on commercial ships of the sending State, those measures may not be taken without the prior notification of the relevant consul so that the consul can be present. This provision shall not apply to customs, passport and health checks on ships, crew and passengers.
In the event of an accident and a shipwreck flying the flag of one Contracting Party in the territory of the other Contracting Party, the competent authorities of the Consul shall immediately inform them of the measures they have taken to save people, ships and cargo. They shall provide the Consul with the necessary assistance in taking action in connection with the shipwreck.
IV. Final provisions
The provisions of this Convention on the Rights and Obligations of Consumers shall be applied equally in respect of staff of diplomatic representative offices in charge of carrying out consultative functions. This is without prejudice to the diplomatic privileges and immunities of these diplomatic representative offices.
This Convention shall be ratified. The date of exchange of the instruments of ratification to be implemented in Moscow will come into effect.
The Consular Convention between the Czechoslovak Republic and the Union of Soviet Socialist Republics of 16 November 1935 expires on the date of entry into force of this Convention.
This Convention is concluded for a period of five years. The Convention shall remain in force for a further five years, unless one of the Contracting Parties shows its wish to terminate the Convention six months before the end of the current five-year period.
Written in Prague on 5 October 1957 in two original copies, each in the Czech and Russian languages, both texts being equally authentic.
From the power of attorney
President of the Czech Republic
Dr A. Gregor v. r.
From the power of attorney
Presidium of the Supreme Soviet
The Union of Soviet Socialist Republics
I. Grishin v. r.
On page 55.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 46 / 1958 Coll., on the Consular Convention between the Czechoslovak Republic and the Union of Soviet Socialist Republics |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.08.1958 |
|---|---|
| Effective from | 21.07.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0