On ratification of the Consular Convention between the Republic of Kazakhstan and the Republic of Turkey

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Law of the Republic of Kazakhstan dated December 2, 1997 N 192.

To approve the Consular Convention between the Republic of Kazakhstan and the Republic of Turkey, signed in Ankara on September 2, 1993.

The Republic Of Kazakhstan

President

Consular Convention between the Republic of Kazakhstan and the Republic of Turkey (entered into force on September 15, 1999-official website of the Ministry of Foreign Affairs)

The Republic of Kazakhstan and the Republic of Turkey, guided by the intention to further develop friendly relations between the two countries, as well as to regulate Consular Relations, decided to conclude a Consular Convention and agreed on the following:

Part 1. INTRODUCTORY RULES

Article 1. Definitions

The terms listed below in this convention have the following meanings:

1 / "state that sent its representative" means the contracting party that appoints a person of Consular Service;

2/" state in which the consulate is located " means the Contracting Party on whose territory the person of the consular service performs his official duties;

3 / "consular office" -means any Consulate General, Consulate, vice-consulate or consular agency;

4 / "consular district" means the area of the state in which the consulate is located, allocated to the Consular Office for the performance of consular duties;

5/ "head of the consular office" - means the person who is instructed to act in this quality;

6 / "Person of consular service" - means any person of service, including the head of the consular office, whose representative is entrusted to perform consular duties as consul general, consul, vice-consul or attache by the state sending him;

7/ "consular officer" means any person performing administrative or technical duties in a consular office;

8/ "Service Personnel Officer" means any person of Service who performs the duties of providing services to the consular office;

9 / "employees of the consular office" means persons of the Consular Service, Employees of the consular office and employees of the service personnel;

10 / "employees of the consular staff" means persons of the consular service /without taking into account the head of the consular office/, employees of the consular office and employees of the service personnel;

11 / "private housekeeper" means a person who provides only personal services to a person of the consular service;

12 / "family members" means the spouse /or spouse/ of a person of the consular service, their minor children, as well as parents living with their children, entrusted with the care of their children by the law of the state to which the representative is sent;

13 / "consular archives" means all correspondence, documents, books, newspapers, films, recording tapes, registers of the consular office together with ciphers, codes and other things designed to ensure their safety;

14 / "consular houses" - means houses or sections of houses that are used only for the purposes of the consular office, no matter who owns the property rights, including the residence of the head of the consular office, a plot of land serving these houses or sections of houses;

15 / "citizen of the state that sent the representative office" means any person who has the citizenship of this state in accordance with the laws of this state;

16 / "organization with legal rights" means organizations that have headquarters in this state, created in accordance with the laws of the state to which the representative is sent;

17 / "ship of the state that sent the representative" means any ship owned by this state, registered in one of its ports in accordance with the laws of the state that sent the representative, without taking into account warships, and has the right to sail under the flag of the state that sent the representative;

18 / "aircraft of the state that sent the representative" means any aircraft that is owned by the state that sent the representative, not counting military aircraft, registered in accordance with the laws of this state and has the right to fly with the signs of recognition of this state;

19 / "Contracting Parties" means states that have signed this convention.

PART II. ESTABLISHMENT AND ORGANIZATION OF CONSULAR RELATIONS

Article 2. Opening of consular offices and designation of consular districts

1.A Consular institution may be opened and carried out its activities on the territory of the state in which the consulate is located only with the consent of that state.

2.the location of the Consular institution, its class and its consular district, as well as any changes in this regard, are established by agreement between the state sending the representative office and the state in which the consulate is located.

3.if the consular institution wishes to open a vice-consulate or consular agency at another post, the consent of the state in which the consulate is located is required.

4.to open a branch that is part of a consular institution operating elsewhere, the consent of the state in which the consulate is located is also required.

5.a person of the Consular Service may perform his / her duties outside the consular district only with prior consent of the state in which the consulate is located.

6.a state sending a representative may entrust the performance of consular duties in other states to a consular institution established in this state after notifying the interested states only if these states agree. The state in which the consulate is located may change its agreement at any time, without having to prove its decision.

7.after proper notification of the state in which the consulate is located, the consular institution of the state sending its representative may perform consular duties on behalf of a third state in the state in which the consulate is located, with the consent of the state in which the consulate is located. The state in which the consulate is located may change its agreement at any time, without having to prove its decision.

8.The Honorary Consulate may open on April 24, 1963 in accordance with the Vienna Convention on Consular Relations.

Article 3. Citizenship of persons of the consular service

1.only a citizen of the state to which the representative is sent may be a person of the consular service, but he must not be a person permanently residing in the state where the consulate is located.

2.the Contracting Parties may use only their own citizens or citizens of the state in which the consulate is located, as employees of service personnel and private domestic servants of the consular institution.

Article 4. Official status of persons of the consular service

Persons of the consular service who are citizens of the state to which the representative is sent may not engage in commercial or any other professional activities that go beyond the performance of their official duties in the state where the consulate is located. This procedure also applies to their family members and private housekeepers.

Article 5. Appointment of the head of the consular office

1.the state sending its representative shall notify the Ministry of foreign affairs of the state in which the consulate is located about the appointment of the head of the consulate and send him a consular patent or other relevant document issued by him with a biography.

2.the patent shall indicate the full name and surname of the head of the consular institution, citizenship, position held, consular district and location of the consular institution.

3.after fulfilling the above-mentioned formalities, the state in which the consulate is located issues an exequature or permission in any other form free of charge to it. Prior to issuing an exequature or permit, the state in which the consulate is located may temporarily allow the head of the consular office to begin performing his / her duties and grant him / her the privileges provided for by the provisions of this convention.

4.however, the state in which the consulate is located may refuse to issue an exequature or other permit, without being obliged to explain the reasons for its decision.

Article 6. Informing the authorities of the consular district about the appointment of the head of the consular office

After the head of the consular office is sent to perform his duties, even temporarily, the state in which the consulate is located immediately notifies the competent authorities of the consular district about this. At the same time, the state in which the consulate is located takes all necessary measures so that the head of the consular institution can perform his duties for his activities and enjoy the benefits provided for by the provisions of this convention.

Article 7. Inability of the head of the consular office to perform his duties for any reason

1.if the head of the consular institution for any reason is unable to perform his duties, or if the position of the head of the consular institution is temporarily or for a long time vacant, the state sending the representative may authorize the person of the consular service of this or that consular institution in the state where the consulate is located, or one of the members of the diplomatic staff of its diplomatic mission in the state where the consulate is located, or a person of the service sent from the central office of the state sending the representative to perform the duties of the head of the consular institution temporarily. In this case, the period of temporary performance of duties should not exceed three months within one calendar year. However, if necessary, this period can be extended with a permit that must be obtained through diplomatic channels.

2.information on a person authorized to perform the above duties is communicated to the Ministry of foreign affairs of the state in which the consulate is located.

3.the provisions of this convention also apply to a person performing consular duties as the temporary head of a consular institution.

4.a member of the diplomatic staff of a diplomatic mission in the state where the consulate is located, charged with performing consular duties in accordance with paragraph 1 of this article, shall enjoy diplomatic privileges and immunities.

Article 8. About the arrival, departure of other employees of the consular office and changes related to their status

1.the state sending its representative shall notify the Ministry of foreign affairs of the state in which the consulate is located of all employees of the consular institution, except the head of the consular institution, of their full name, surname, citizenship, position, time of arrival and departure, personal addresses in the state where the consulate is located, as well as changes in their status.

2. the following information is provided to local authorities::

A / about the arrival and departure of family members together with the submission of documents certifying their identity;

B/ on the arrival and departure of individual housekeepers with the submission of documents certifying their identity;

B / information about the employment or dismissal of persons who are citizens of the state in which the consulate is located, employed as employees of the consular institution, employees of service personnel and private domestic servants.

Article 9. Termination of duties of employees of the consular office

Duties of an employee of a consular office:

a / the state that sent the representative on termination of his / her duties shall notify the state in which the consulate is located;

B / exequature or any other form of permission shall be terminated upon withdrawal from use;

B / the state in which the consulate is located, without obligation to prove its decision, may at any time notify the state sending its representative that a particular consular service person is a "persona non grata" or that any employee of the consular office or any employee of the service personnel is invalid. In this case, the state sending the representative must recall this person of the consular service or an employee of the consular office or an employee of the service personnel as soon as possible, if the latter two are citizens of the state sending the representative.

If an employee of a consular office or an employee of service personnel is not a citizen of the state to which the representative is sent, this state immediately ceases to perform his official duties.

A family member of a consular service person may temporarily reside, while a private housekeeper may only work in the state where the consulate is located with the permission of the state where the consulate is located. The state in which the consulate is located may cancel this permission at any time without having to prove its decision. In this case, the state that has sent its representative must act in accordance with the requirements set out in the above paragraph.

Article 10. Identification of a person

1.the competent authorities of the state in which the consulate is located, guided by their own rules, issue free of charge to each person of the consular service a document certifying his / her activity.

2.the provisions of Paragraph 1 of this article also apply to employees of the consular office, employees of service personnel, private domestic servants, if they are not citizens of the state in which the consulate is located.

Article 11. Implementation of consular duties by a diplomatic mission

1.the diplomatic mission of the state sending its representative shall inform the Ministry of foreign affairs of the state in which the consulate is located the full name, surname and rank of members of the diplomatic staff performing consular duties.

2.members of the diplomatic staff of the diplomatic mission of the state sending the representative to the state in which the consulate is located, entrusted with the implementation of consular duties in this mission, shall enjoy the rights, privileges and immunities granted in connection with their diplomatic status.

PART III. BENEFITS, INVIOLABILITY AND IMMUNITY

Article 12. Benefits of a consular institution, persons of the consular service in connection with the performance of consular duties

The state in which the consulate is located shall provide the necessary assistance in the performance of consular duties and shall take appropriate measures so that persons of the consular service can perform their official duties and enjoy the rights, privileges and immunities in accordance with this convention.

Article 13. Acquisition of buildings and residential buildings

1.the Consular Office of the state, which, in accordance with its laws and regulations, has sent a representative of the state in which the consulate is located, shall assist in obtaining the necessary buildings or sections of buildings, construction of buildings or reconstruction of relevant buildings on land plots acquired for this purpose, as well as transfer them to their ownership.

2.the state in which the consulate is located also promotes the acquisition of decent housing by the consular institution for its employees.

3.when constructing buildings or reconstructing constructed buildings, the state that has sent its representative is not exempt from the need to comply with urban planning laws or other restrictions in force.

Article 14. Use of the national flag and coat of arms

1.the state sending its representative has the right to use its national flag and coat of arms in the state where the consulate is located in accordance with the provisions of this article.

2.the state flag of the state to which the representative is sent shall fly in the consular House and in the residence of the head of the consular institution, and the state emblem shall be attached to the top of the entrance door of the consular institution. The state flag may also fly on the vehicle of the head of the consular office, if it is used in connection with the performance of official duties.

3.when using the right provided for in this article, the laws and regulations and customs of the state in which the consulate is located must be taken into account.

Article 15. The fact that no one touches the consular houses

1.Do not touch the consulate houses. Places of power of the state in which the consulate is located may enter the consular houses only with the consent of the head of the consular office or the head of the diplomatic mission of the state to which the representative is sent, or the person appointed by one of them. In case of fire and other natural disasters that require urgent measures, the head of the consular office must issue such consent as soon as possible.

2.the state in which the consulate is located has special responsibility for taking all appropriate measures to protect the consular premises from invasion or restriction of harm, to prevent disturbing the peace of the consular institution or insulting its dignity.

3.consular houses, their premises and other property of the consular institution and the means of movement belonging to this institution shall be protected from any search, requisition, arrest and other similar actions.

Article 16. No one touches the consular archives and documents

No one touches the consular archives and documents at any time and regardless of their location.

Article 17. Freedom of relationships

1.the state in which the consulate is located authorizes and protects freedom of communication for all official purposes of the consular institution. When carrying out relations with the government, diplomatic missions and other consular institutions of the state that sent the representative office, regardless of their location, the consular office may use all appropriate means, including diplomatic and consular couriers, diplomatic or consular valises, coded or encrypted emergency messages. But the consular office may place and use the radio broadcaster only with the consent of the state in which the consulate is located. When consular offices are used by conventional means of communication, tariffs are applied for the diplomatic mission of the state that sent its representation to it.

2.no one touches the official correspondence of the Consular Office. The consular valise is neither subject to disclosure nor detention. However, if the competent authorities have reason to believe that the valise contains anything other than official correspondence or documents and objects intended for official use, they may require the opening of the valise by an authorized representative of the state to whom they have sent their representation. If this requirement is not met, the valiza must be returned to the place of departure.

3.the places of compilation of the Consular valise must have external signs indicating their nature and contain only official correspondence and documents or items intended for official use.

4.the consular Courier of the state sending the representative office shall enjoy the rights, privileges and immunities of the Diplomatic Courier in the state in which the consulate is located, in the presence of a document indicating its activities and the number of places of compilation of the consular valise. As a consular courier, only a citizen of the state that sent the representative office can work, who does not live permanently in the state where the consulate is located. This rule also applies to consular couriers "ad hoc", whose rights, privileges and immunities are terminated when the consular valise entrusted to him is brought to the right place.

5.the Consular valise may be entrusted with confidence to the captain of the ship or the commander of the aircraft arriving at the place where the entry is allowed. This will be equipped with an official document indicating the numbers of the place where the captain or Commander will compile the valise. But he is not considered a consular Courier. An employee of a consular institution can receive a consular valise directly and without interference from the captain of the ship or the commander of the aircraft, or in this way transfer the valise to him.

6.the concept of official correspondence includes all correspondence related to the consular office and its activities.

Article 18. Protection of persons of the consular service

The state in which the consulate is located is obliged to treat the persons of the consular service with due respect and take all appropriate measures to prevent any encroachment on their identity, freedom and dignity.

Article 19. Do not touch the identity of persons of the consular service

1.persons of the consular service are subject to arrest or detention only for crimes that provide for punitive measures in the form of imprisonment for a period of more than 5 years and by decision of the competent judicial authorities in accordance with the laws of the state in which the consulate is located.

2.persons of Consular Service shall not be arrested, except in the case provided for in Paragraph 1 of this article, and their personal freedom may not be restricted in any form, other than the execution of a court decision not subject to revision.

3.if a criminal case is initiated against a person of the consular service, he / she must appear before the competent authorities. However, when initiating a case, he must be respected, except in cases stipulated by paragraph 1 of this article, as required by the official position of a person of the consular service, that is, in cases where this case does not make it difficult for him to perform consular duties. If a person of the consular service is subject to detention in the cases specified in Paragraph 1 of this article, a court case against him must be held in a short time.

4.in the event of arrest or detention of a person of the consular service or a trial against him, the state in which the consulate is located must within a short time notify the diplomatic mission or consular office under consideration by the person of the consular service.

Article 20. Jurisdiction immunity

1.persons of Consular Service are not subject to the criminal, civil and administrative jurisdiction of the state in which the consulate is located for cases committed in relation to the position of office.

2. together with this, the provisions provided for in Paragraph 1 of this article:

a / the consular officer who did not act directly or indirectly in the name of the state to which he / she sent his / her representation, or

B / in the state where the consulate is located, the road is not used if it is caused by damage caused by vehicles, ships or aircraft, the compensation of which is requested by a third party.

Article 21. Duty of witnesses to respond

1.employees of the Consular Office may be invited to give answers to witnesses in the Proceedings of judicial and administrative cases. An employee of a consular institution or an employee of service personnel may not refuse to provide a witness's response, except for the cases specified in paragraph 3 of this article. If a person of the consular service refuses to give a witness's answer, no involuntary measures or other sanctions may be applied to him.

2.places of government requiring a person of the Consular Service to provide a witness's response should not interfere with his / her performance of his / her duties. If possible, these authorities can also be heard at the address of residence of the person of this consular service, or at the consular office, or receive written statements.

3.employees of the Consular Office are not obliged to give the answers of witnesses regarding the performance of their duties or to show official correspondence and documents related to this. They may also refuse to provide a witness response as experts in relation to the national laws of the state to which they have sent their representation.

Article 22. Refusal of benefits and immunities

1.the state sending the representative office may refuse the privileges and immunities of the employee of the consular office provided for in Articles 19, 20 and 21. The refusal must be clearly explained and declared in writing to the state where the consulate is located.

2.a person of the consular service or an employee of the consular office, in accordance with Article 20, shall deprive the person of the right to refer to immunity from jurisdiction in respect of any counterclaim directly related to the main claim, when he or she may use immunity from jurisdiction.

3.refusal of immunity of jurisdiction in civil or administrative cases does not mean refusal of immunity in relation to the execution of a court decision; in relation to such actions, a separate refusal is necessary.

Article 23. Exemption from legal and personal debts

The state in which the consulate is located exempts employees of the consular office and their family members from all personal duties from public duties, regardless of their nature, military duties, requisition, military fees and accommodation.

Article 24. Exemption from registration as foreign citizens and obtaining a residence permit

Persons of the Consular Service and employees of the consular office, as well as family members living with them, are exempt from fulfilling any obligations stipulated by the laws and regulations of the state in which the consulate is located in relation to the registration of foreign citizens and obtaining a residence permit.

Article 25. Exemption from duties related to obtaining a permit to engage in labor

Employees of the consular office, who are citizens of the state that sent the representative office, are exempt from the duties provided for by the laws and regulations on the admission of foreigners of the state in which the consulate is located, in relation to obtaining permission to engage in labor, related to the performance of work for the state that sent the representative office.

Article 26. Exemption from violation of the rules related to Social Security

1.employees of the consular institution and their family members are exempt from violating the current regulations on social security of the state in which the consulate is located, with respect to the performance of works for the state to which the representative office is sent, except for the cases provided for in paragraph 3 of this article.

2. the exemption provided for in Paragraph 1 of this article is also provided only to domestic employees in the activities of employees of the consular office on the following terms::

a/ they are not citizens of the state in which the consulate is located or do not live permanently in this state;

B / applies if they come to the regulations on social security in the state or third state to which they are delegated.

3.employees of a consular institution, the employer of which does not extend the exemption provided for in Paragraph 2 of this article, are obliged not to violate the obligations imposed on employers by the laws on social security of the state in which the consulate is located.

4.the exemption provided for in Paragraphs 1 and 2 of this article does not exclude the possibility of voluntary participation in the social security system of the state in which the consulate is located, provided that the laws of the state in which the consulate is located allow participation.

Article 27. Exemption from taxes

1. persons of the Consular Service and employees of the consular office, as well as members of their families, shall be entitled to receive from all taxes and fees - personal, property, state, district and municipal - The following::

a / indirect taxes usually imposed on goods or services;

B / taxes and fees on immovable property located and owned within the scope of the state in which the consulate is located, with revocations provided for in the provisions of Article 28;

B / taxes on inheritance or inheritance property imposed by the state in which the consulate is located with the revocation provided for in paragraph 3 B of this article;

d / taxes and fees on any sources of personal income in the state where the consulate is located;

d / payment of taxes and fees for the performance of specific types of services;

e / exempts from registration, judicial duty, bail and coat of arms fees, with the fees provided for in the provisions of Article 28.

2.employees of the consular office and employees of private homes who are citizens of the state to which the representative office is sent are exempt from taxes and fees on wages that they receive for the performance of their official duties.

3.the Consular institution shall not violate the obligations stipulated by the laws and regulations of the Consular State in respect of income tax on employees of the consular institution and employees of private households who are citizens of the state in which the consulate is located.

4. in case of death of an employee of a consular institution or a member of his / her family, the state in which the consulate is located:

a / allows the deceased to take away the property, except for the property acquired in the state where the consulate is located and prohibited to take away at the time of death of this person;

B / does not charge any state, district or municipal taxes and fees on moving property, inheritance and transfer of inheritance property due to the fact that the deceased was only an employee of the consular office or a member of his family in the state where the consulate is located.

Article 28. Exemption from taxation of consular premises and some types of movable property

1.consular premises and the residence of the head of the consular institution, which is the owner or tenant of the state that sent the representative office, are exempt from taxes and fees, except for payments received for the provision of all state, district or municipal, specific types of services.

2.the exemption from taxation provided for in Paragraph 1 of this article does not extend to taxes and fees levied on a person who has concluded a contract with the state that has sent the representative office under the laws and regulations of the state in which the consulate is located.

3.the provisions of Paragraphs 1 and 2 of this article shall also apply to movable property that is the owner of the state to which the representative office is sent and used only for the needs of the consular office.

Article 29. Exemption from duties and inspections

1.the state in which the consulate is located, in accordance with the laws and regulations adopted by it, permits the import of the following items and is exempt from all customs duties, taxes and similar payment services for storage, transportation and similar services.

A / items necessary for official use by the consular office.

b / personal use items, including home equipment of persons of the Consular Service and the family at the beginning, the items used must not exceed the number required for direct use by the relevant person.

2.consular officers who are citizens of the sending state may use the provisions of Paragraph 1 of this article for items brought within the initial 6 months.

3.the" things " identifier also applies to vehicles.

4.personal baggage of a person of the Consular Service is exempt from customs inspection. It is checked in the following cases, if the competent authorities of the state where the consulate is located have an irrefutable basis for the presence of items from the cargo that are separated from the items referred to in subitem "B" of this article, or the laws and regulations of the state where the consulate is located prohibit the import and export, or the quarantine rules do not allow it. The inspection must be carried out on the spot in the presence of the person of the relevant consular service or his representative.

Article 30. Freedom of movement

Since this does not contradict the laws and regulations prohibiting or restricting entry under the terms of state security in which the consulate is located, the state in which the consulate is located ensures the freedom of free movement and movement of all employees of the consular institution and their family members within the limits of their scope on an interdependent basis.

Article 31. Vehicle security

Vehicles owned by the state that sent the representative office, intended only for use by the consular office, and vehicles corresponding to an employee of the Consular Office are subject to mandatory security.

In this matter, the consular office is guided by the instructions of the Ministry of foreign affairs of the state in which the consulate is located.

Article 32. General rules regarding the issue of benefits and immunities

1.employees of the consular office, who are citizens of the state in which the consulate is located, are subject to the jurisdiction of this state, with the exception of cases when their actions are committed for the purpose of fulfilling their duties and only use the immunities specified in paragraph 3 of Article 21.

2.members of families of employees of a consular institution shall enjoy the privileges and immunities provided for by this convention, if they are not citizens of the state in which the consulate is located, do not live permanently on the scale of this state and do not engage in entrepreneurial activities that generate income in this state.

3.the state in which the consulate is located must still exercise its jurisdiction over the persons referred to in paragraphs 1-2 of this article in such a way that it does not excessively interfere with the performance of the functions of the consular institution.

PART II CONSULAR DUTIES

Article 33. Scope of tasks

Duties of a person of the consular service:

a / protection of the rights and interests of the state and its citizens who sent the representative office, as well as assistance to citizens of the state that sent the representative office;

B / assistance in the development of trade, economic, scientific and technical, cultural, sports, tourism and other spheres between the state sending the representative office and the state in which the consulate is located;

B / to determine the situation in all legal ways in the political, trade, economic, scientific and technical, cultural, sports and other spheres of the state in which the consulate is located, and to inform the government of the state that has sent its representation.

Article 34. Relations with the authorities of the state in which the consulate is located

The person of the consular service in the implementation of his duties:

A / to the competent authorities of its consular district;

B / it is possible to apply to the competent central authorities of the state in which the consulate is located to the extent permitted by the laws, regulations and customs of the state in which the consulate is located, or relevant international agreements.

Article 35. Representation on behalf of citizens of the state who have sent their representation to the authorities of the state in which the consulate is located

1.a person of the Consular Service has the right to take the necessary measures to ensure the proper representation of citizens of the state to whom the representation is sent in accordance with the laws of the state in which the consulate is located, before the courts and other authorities of the state in which the consulate is located, if they are absent or cannot protect their rights and interests for other reasons.

2.the representation provided for in Paragraph 1 of this article shall be terminated if the persons who sent the representation appoint their authorized persons or assume the protection of their rights and interests.

Article 36. Registration of citizens, issuance of passports and visas

Consular service person:

a / registers citizens of the state that sent the representative office;

B / accepts applications from citizens who have sent a representative office on citizenship issues of the state that sent the representative office and issues documents on these issues;

B / issues, renews, changes and cancels passports and travel documents to citizens of the state that sent the representative office;

d / issues visas to citizens of the state in which the consulate is located and Third States.

Article 37. Tasks for registration of acts of civil status

1. a person of the consular service, within the framework permitted by the laws and regulations of the state in which the consulate is located, shall perform the following actions:

draws up and registers acts of birth and death of citizens of the state to which the representative office of a/ ;

B / register marriages and issue relevant documents if the two persons entering into marriage are citizens of the state to which the representative office was sent;

within the framework provided for by the laws of the country in which the consulate is located, the registration of marriages in the consular institution is announced to the competent authorities of the state in which the consulate is located;

B / register and terminate marriages if at least one of the spouses is a citizen of the state to which the representative office is located, within the framework permitted by the laws of the state in which the consulate is located;

d / accepts appeals of citizens of the state who have sent the representative office related to family relations.

2.the provisions of Paragraph 1 of this article do not release interested persons from the obligation to enforce the procedure provided for by the laws of the state in which the consulate is located.

3.the competent authorities of the state in which the consulate is located, without delay and without charge, shall issue a copy of the civil status records of citizens of the state who have sent the requested representation to the Consular Office for official purposes.

Article 38. Notarial duties

1. consular service person:

a / accepts, processes and certifies any appeals of citizens of the state to which the representative office has sent them;

B / processes, certifies and accepts for storage wills and other documents, as well as appeals of citizens of the state to whom the representative office has sent them;

B / processes, certifies and stores agreements concluded between citizens of the state that sent the representative office. This provision excludes cases of transfer or cancellation of rights arising from agreements on immovable property;

d / certifies the authenticity of the signatures on the documents of citizens of the state that sent the representative office;

d / translates and formalizes all documents issued by the competent authorities of the state sending the representative office or the state in which the consulate is located, as well as confirms translations and copies of such documents;

performs other notarial acts in accordance with the laws of the state that sent the representative office.

2.documents drawn up and certified by the consular service person of the state sending the representative office shall be considered in the same way as documents specified in Paragraph 1 of this article, drawn up and certified by the competent authorities of the state in which the consulate is located, only if this procedure does not contradict the laws of this state, which have the same legal meaning and

Article 39. Acceptance of personal belongings for storage

1.a person of the consular service accepts for storage relevant documents, money, valuables and other property items to citizens of the state to which the representative office is sent, if this does not contradict the laws of the state in which the consulate is located.

Such documents, money, valuables and other property items can be withdrawn from the state where the consulate is located, provided that the TES does not contradict the laws of this state.

2.a person of the Consular Service may also accept property lost when brought by citizens of the state to whom the representative is sent in this way for the purpose of transferring it to the owners during their stay in the state where the consulate is located.

Article 40. Guardianship

1.the places of power of the state in which the consulate is located shall notify the relevant consular office as soon as it becomes known to them of any circumstances in which it is necessary to appoint a guardian for a permanent or temporary citizen of the state who has sent a representative within the scope of the state in which the consulate is located.

2.the provisions of Article 36 of this convention shall apply to protect the rights and interests of minors or other persons of non-fully incapacitated age.

3.a person of the Consular Service may instruct and propose to the competent authorities of the state in which the consulate is located, in part, a person who can perform these duties, on the appointment of a guardian.

4.if minors and persons of incomplete working age are unable to manage the property corresponding to them, the consular service person may provide the appointment of a guardian for this property or apply to the competent authorities of the state in which the consulate is located, asking them to take the necessary measures for this purpose.

5.a person of the consular service may provide care to a minor citizen of the state of origin of the representative, permanently living in the state where the consulate is located, in accordance with the laws of the state of origin of the representative.

Article 41. Relations and contacts with citizens of the state to which the representative is sent

1.a person of the Consular Service has the right to communicate with citizens of the state to which the representative is sent, to communicate with the competent authorities of the state in which the consulate is located, as well as to provide them with defenders, translators and other persons for this purpose.

2.does not restrict the access of citizens of the state sent by a representative of the state in which the consulate is located to the consular office and to the consular premises.

3.the competent authorities of the state in which the consulate is located shall assist the person of the consular service in obtaining information about the citizens of the state to whom the representative has been sent, establishing contacts with them and conducting interviews with them.

Article 42. Relations with citizens who are subject to restrictions of any magnitude in relation to their freedoms

1.the competent authorities of the state in which the consulate is located shall declare to the Consular Office of the state in which the representative was sent, no later than 5 days, that the citizens of the state who sent the representative were detained, arrested or otherwise deprived of their freedom within the relevant consular district. At the same time, the competent authorities of the state in which the consulate is located immediately send any message sent by this person to the consular office. These places of government promptly declare complex persons about their rights in accordance with this article.

2.a person of the Consular Service has the right to visit, communicate with him orally or in writing, as well as to assist him in the exercise of his legal representation to a citizen of the state to whom the representative has been sent, arrested, detained or otherwise deprived of his freedom.

Also, a person of the consular service has the right to visit any citizen serving a sentence in places of deprivation of liberty of the state to which the representative was sent.

The competent authorities of the state in which the consulate is located allow a person of the consular service to visit the above-mentioned persons no later than 7 days after the arrest or deprivation of Liberty in another form. In the future, such rights will be granted on the basis of common sense and frequency.

3.the rights referred to in this article are in accordance with the laws and regulations of the state in which the consulate is located, but these laws and regulations should not cancel these rights, but should be implemented.

Article 43. Getting citizens ' responses and announcing them

A person of the consular service has the right and authority to receive voluntary responses from its citizens as witnesses and experts at the request of the competent authorities of the state to which the representative is sent. When performing these actions, it is forbidden to take involuntary measures or threaten them with their use.

Article 44. Traffic accidents

The competent authorities of the state in which the consulate is located immediately declare to the person of the consular service about all road accidents that caused the death or serious injuries of citizens of the state to whom the representative was sent.

Article 45. Death of a citizen

The death of a citizen of the state sent by a representative of the competent authorities of the state in which the consulate is located is promptly reported to the consular office and sent a copy of the death certificate without receiving the duty.

Article 46. Inheritance and protection measures

1.the competent authorities of the state in which the consulate is located must immediately declare to the person of the consular service about the opening of the inheritance as a result of the death of a citizen of the state sending the representative, or about the opening of the inheritance in respect of a citizen of the state of sending the representative, regardless of the citizenship of the

2.the competent authorities of the state in which the consulate is located shall take the necessary measures provided for by the laws of this state for the protection of inheritance and inform the person of the consular service, if the deceased has left a Will, a copy of it, as well as all information relating to the legal heir contained in them, including their permanent addresses,

3. a person of the Consular Service must comply with the following procedures::

a / for the preservation of inherited property, construction and disclosure of inherited property, protection of inherited property, appointment of the property manager and his participation in all procedures;

B / for the purposes of selling the property constituting the inheritance, as well as ensuring its participation, it has the right to demand a statement on the date of determination of this sale.

4.the competent authorities of the state in which the consulate is located shall notify the person of the consular service of the end of the inheritance case or official procedure without delay and transfer to him within 3 months the inherited property or its share, after payment of debts, taxes and fees, the remainder belonging to the interested persons.

5.if the value of the inherited property is small, the person of the consular service may demand the transfer of this property to him. In this case, he has the right to transfer such property to interested persons.

6.A Person of the Consular Service has the right to accept for transfer to interested persons the corresponding part of the property, inheritance, payments for compensations, pensions, Social Security policies and unpaid wages belonging to citizens of the state who have sent a representative who does not live permanently in the state where the consulate is located.

7.transfer of property and loans to the state sending a representative in accordance with the provisions of paragraphs 4, 5, 6 of this article shall be carried out only in accordance with the laws of the state in which the consulate is located.

Article 47. Death of a citizen of the state sending a representative who does not permanently reside in the state where the consulate is located

1.if a citizen of the state sending a representative who does not live in the state where the consulate is located dies during his temporary stay in this state, his property shall be taken under guard by the competent authorities of the state in which the consulate is located and handed over to the person of the consular service of the state sending a representative without any special procedure. The consular service person pays the debts received by the deceased during his previous stay in this state within the value of the transferred property.

2.the provisions of paragraph 7 of Article 46 also apply to the property referred to in Paragraph 1 of this article.

Article 48. Ship assistance

1.a person of the Consular Service has the right to provide any assistance on the ships of the state, as well as on the crews of these vessels, to which the representative sent during his stay in the territorial and inland waters of the state where the consulate is located, including posts.

A person of the consular service also has the right to control and conduct inspections on ships of the state to which the representative is sent, and on their crews.

2.The Captain or any member of the crew may freely communicate with his consular office.

3.in accordance with the provisions of the legislation of the state to which the representative of the competent authorities of the state in which the consulate is located is sent, the vessels of this state and their crews must be accounted for by the measures taken by the person of the consular service. In the implementation of these tasks, a person of the consular service may seek assistance from the competent authorities of the state in which the consulate is located.

Article 49. Representation of persons of the consular service on ships and their crews

The person of Consular Service shall take any actions related to the sea in accordance with the laws of the state to which the representative is sent /only if they do not contradict the laws and regulations of the state in which the consulate is located/;

a/ Accept, write and certify any documents related to the nationality of the vessel, the ownership rights of that vessel and such rights, as well as its condition and use;

B/ interrogation of the captain and other crew members, verification, receipt and certification of ship documents, acceptance of declarations on the ship, its cargo and route, as well as assistance in the entry, exit and stay of the ship at the station;

B / take all necessary measures to hospitalize the Captain, other crew members, as well as to return such persons to their homeland;

d / assist the captain or any member of the crew in communicating with the judicial and other authorities of the state in which the consulate is located, and provide them with the necessary legal assistance for this purpose, providing them with an interpreter and other persons.

Article 50. Jurisdiction for criminal acts committed on board the ship

1. courts of the state in which the consulate is located and other competent authorities may apply coercive measures to criminal acts committed on board the vessel only in the following cases:

a / criminal acts committed by or against a citizen of the state in which the consulate is located, or criminal acts committed by or against a person who is not a member of the crew;

B / criminal acts that violate the order of the state in which the consulate is located, or the security of territorial or internal waters, or the post;

C / criminal acts that violate the laws and regulations of the state in which the consulate is located, which are related to health, security at sea, ensuring immigration and customs regimes, preventing oil pollution of the sea and smuggling;

D / criminal acts subject to punishment in the form of imprisonment for at least 3 years or more under the laws of the state in which the consulate is located.

2.Courts of the state in which the consulate is located and other competent authorities may apply coercive actions on the ship of the state to which the representative is sent, as well as at the request or consent of the person of the consular service.

Article 51. Actions of the state authorities on board the ship, where the consulate is located

1.if the competent authorities of the state in which the consulate is located wish to rise on board, arrest or detain the captain, crew member, passenger of this ship or other person who is not a citizen of the state in which the consulate is located, or seize property on board the ship, they shall notify the consular office before such action. The appropriate warning will indicate the exact time. If the person of the consular service or his representative did not participate in this, he may ask the higher authorities to provide all the information at their disposal about what happened. These rules also apply when the authorities of the state in which the consulate is located interrogate the captain or crew member of the ship.

2.in urgent cases or when an investigation is conducted at the request of the captain of the vessel, the consular service person must be notified of the investigation in a very short time.

At the request of a person of the consular service, he is provided with information on the results of the investigation conducted in his absence.

Article 52. Special cases

The provisions of articles 48, 49 and 51 do not apply to the customs laws and regulations of the state in which the consulate is located, quarantine and other control measures related to the protection of human health, preventing sea pollution, ensuring the protection of cargo in the port, allowing foreign citizens to enter the ship.

Article 53. Shipwreck or Shipwreck

1.if the ship of the state to which the representative is sent has crashed, been injured, wrecked, went ashore or suffered any other accident in the territorial or inland waters of the state in which the consulate is located, the competent authorities of the state in which the consulate is located shall immediately inform the person of the consular service about this and about the measures taken to save and protect the ship, passengers, crew, as well as their property and cargo.

2.the competent authorities of the state in which the consulate is located shall provide the necessary assistance to the person of the consular service at his request in accordance with paragraph 1 of this article on the measures taken by him.

3.if the wrecked vessel, its crew documents, belongings and cargo are found on the coast of the state where the consulate is located or near this coast, or in the port of this state, if the captain of the vessel, his assistant, the owner of the vessel and representatives of insurance companies are not present at this time and cannot take measures to ensure the safety of this property or determine the place of its further delivery, the consular service person has the right to take measures that the shipowner may take when he has to be present at the time of the accident.

4.A Person of the Consular Service may take all measures provided for in paragraph 3 of this article in respect of any property of the vessel and cargo belonging to a citizen of the state to which the representative of the vessel is sent, regardless of the nationality of the wrecked, wrecked or stranded vessel, if this property is found on the coast of the state where the consulate is located, near the coast or in the port of this state. The competent authorities of the state in which the consulate is located must immediately notify the person of the consular service of the existence of such property.

5.if the equipment, cargo and food supplies of a shipwreck are not intended for use or consumption in the state where the consulate is located, customs duties and fees shall not be imposed on them in the state where the consulate is located.

Article 54. Death or disappearance of a ship's crew member

1. In the event of the death or disappearance of a member of the crew of a ship belonging to the state to which the representative was sent, and this happened on board that ship or on the territory of the state where the consulate is located, the captain of the ship or his replacement, as well as the person of the consular service of the state to which the representative was sent, are the only persons authorized to draw up an inventory of personal things, valuables and other property left over from the deceased or missing person, to take the necessary measures to preserve this property and heritage and determine their further fate.

However, if the deceased or missing person is a citizen of the state in which the consulate is located, the captain of the ship or his replacement person will make such an inventory at the time of establishing the death or disappearance. One copy of such an inventory is handed over to the authorities of the state in which the consulate is located, capable of taking various measures to protect the heritage and, if necessary, deciding its fate. These places of power must inform the Consular Office of the state to which the representative is sent about all the measures taken by them.

2.when exercising the powers of the Consular Service, a person must comply with the laws of the state in which the consulate is located in accordance with paragraph 1 of this article.

Article 55. Aircraft

The provisions of articles 48-54 of this convention shall apply, as far as possible, to aircraft of the state to which the representative has sent, respectively.

Article 56. Consular duties and fees

1.the Consular institution may collect consular duties and fees for consular actions performed in accordance with the laws of the state to which the representative is sent on the territory of the state in which the consulate is located.

2.the amount received for consular actions in accordance with paragraph 1 of this article shall be exempt from taxes and fees in the state where the consulate is located.

Section y final resolutions

Article 57. Other consular duties

A person of consular service may perform any other consular duties assigned to him by the state to which the representative is sent, not prohibited by the laws of the state in which the consulate is located and the implementation of which is not opposed by this state, or the duties specified in the current international agreements concluded between the two states.

Article 58. Compliance with the laws and regulations of the state in which the consulate is located

1.all persons granted immunities and privileges in connection with the provisions of this convention are obliged to comply with the laws and regulations of the state in which the consulate is located, without prejudice to their immunity and privileges. They are also obliged to refrain from interference in the internal affairs of this state.

2.consular houses should not be used for purposes incompatible with the implementation of consular duties.

Article 59. Procedure for applying the provisions of the convention to legal entities

The provisions of this Convention Relating to the citizens of the state to which the representative is sent shall apply in the legal entities of that state.

Article 60. Ratification and entry into force of the convention

1.this convention shall be subject to ratification and shall enter into force on the thirteenth day after the exchange of certificates of ratification.

2.the term of this convention has not been established, and the Convention shall be terminated by notification of one of the Contracting Parties. In this case, the validity of the Convention shall cease after six months from the date of notification of its violation.

To certify this, the Plenipotentiaries of the contracting parties signed this convention and confirmed it with their seals.

It was made in three copies, in Kazakh, Turkish and Russian, and all the text has the same power.

It was signed in Ankara on September 2, 1993.

Kazakhstan

Turkish

For the Republic of Kazakhstan

President

Republic of Kazakhstan

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