On the ratification of the Convention on the Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Traffic Rules

Home / RLA / On the ratification of the Convention on the Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Traffic Rules

The Law of the Republic of Kazakhstan dated December 30, 1999 No. 32

To ratify the Convention on the Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Traffic Rules, done in Moscow on March 28, 1997.

President of the Republic of Kazakhstan

Officially certified text

 Convention* on the Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Traffic Rules

*(Entered into force on October 17, 2000 - Bulletin of International Treaties of the Republic of Kazakhstan, 2003, No. 3, Article 21)

Signed by: Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan

notifications have been submitted:

Republic of Belarus - deposited on December 4, 1997; Republic of Kazakhstan - deposited on January 27, 2000; Republic of Armenia - deposited on October 17, 2000; Republic of Tajikistan - deposited on July 17, 2001.

The Convention entered into force on October 17, 2000

entered into force for the States:

Republic of Belarus - October 17, 2000; Republic of Kazakhstan - October 17, 2000; Republic of Armenia - October 17, 2000; The Republic of Tajikistan - July 17, 2001.

The Member States of the Commonwealth of Independent States that have signed this Convention, hereinafter referred to as the Contracting Parties, taking into account the increase in the intensity of road traffic between the Contracting Parties and the danger arising from violations of traffic rules, considering that the adoption of legal norms is one of the means of preventing road accidents and their harmful consequences, considering that preventive the significance of such norms largely depends on, how effectively the administrative penalties provided for their violation will be applied, we have agreed on the following:

 Article 1

For the purposes of this Convention, the following terms mean: a) "competent authorities" - authorities (officials) authorized, in accordance with the national legislation of a Contracting Party, to consider cases of administrative violations of traffic rules provided for in the List of Violations of Traffic Rules attached to this Convention.; b) "administrative prosecution" - actions of the competent authorities of one of the Contracting Parties on registration and consideration of material on administrative offenses, making a decision on the case, imposing and executing penalties for violations of traffic rules; c) "violations of traffic rules" - violations provided for in the annex to this Convention; d) "Contracting Party of the place of commission of the offense" - The Contracting Party in whose territory the traffic rules are violated; e) "Contracting Party of the place of residence" - the Contracting Party in which a person who has violated traffic rules permanently or temporarily resides; f) "administrative penalty" - a decision taken by the competent authority authorized to impose penalties for violations of traffic rules.

 Article 2

1. The Contracting Parties shall recognize the decisions of the competent authorities issued for violations of traffic rules in respect of persons residing in the territory of one of the Contracting Parties. 2. If it is established that a person residing in the territory of one of the Contracting Parties has violated traffic rules in the territory of the other Contracting Party, the competent authorities of the Contracting Party of the place of commission of the offense shall decide on the imposition of an administrative penalty or on the termination of office work in respect of this person. 3. When imposing a penalty for a traffic violation, the competent authorities of the Contracting Party of the place of commission of the offense, if it is impossible to execute it, send a request for execution of the imposed penalty to the Contracting Party of the place of residence of the person who committed the violation within 15 days. 4. The Contracting Party of the place of residence of the person who violated the traffic rules shall execute the decisions made by the competent authorities of the Contracting Party of the place of commission of the offense, in accordance with its national legislation. 5. A person who has been subject to an administrative penalty has the right to appeal against it in accordance with the legislation of the Contracting Party of the place where the offense was committed.

 Article 3

If a person residing in the territory of one of the Contracting Parties has violated traffic regulations in the territory of the other Contracting Party, the Contracting Party of the place of commission of the offense may request the Contracting Party of the place of residence to initiate administrative proceedings against that person and transfer the case to the Contracting Party of the place of residence for the purpose of imposing a final administrative penalty, unless the Contracting Party of the place of commission the offense is not carried out by itself or, having initiated such prosecution, She will not consider it appropriate to terminate it. The Contracting Party of the place of residence undertakes to accept and consider materials on traffic violations, as well as to inform the Contracting Party of the place of commission of the offense about the decisions taken.

 Article 4

If the Contracting Party of the place of commission of the offence has sent a request to the Contracting Party of the place of residence for the enforcement of penalties for traffic violations, the time limits for the enforcement of penalties shall be suspended until such request is received by the competent authorities of the Contracting Party of the place of residence.

 Article 5

Materials on cases of administrative violations of traffic regulations of the Contracting Party of the place of commission of the offense have the same legal force in the Contracting Party of residence and do not require their legalization.

 Article 6

If a person residing in the territory of one of the Contracting Parties has violated the rules of the road in the territory of the other Contracting Party, the competent authorities of the Contracting Party of the place of commission of the offense shall draw up materials for the said person certifying the commission of the offense, and, if necessary, withdraw the driver's license for the right to drive a vehicle, issue in return a temporary permit for the right to management, certified by the stamp of the competent authority, which is recognized by all Contracting Parties.

Article 7

The request for the execution of the decision is made in writing and must contain: a) the name of the requesting authority; b) a description of the violation of traffic rules; c) the text of the provision of the law of the requesting Contracting Party, on the basis of which the act is recognized as an administrative violation of traffic rules, as well as the text of other legislative norms essential to the proceedings; (d) The surname, first name, patronymic and date of birth of the person in respect of whom the request is being sent, his nationality and place of residence, as well as other information about his identity relevant to the case; (e) the signature of the official who sent the request. The request shall be accompanied by the materials available to the requesting Contracting Party (copies of materials in the case of a traffic accident) of the proceedings, including the protocol on the administrative offense, the driver's license of the person who committed the violation, other documents and evidence. 2. The request must be certified by the stamp of the competent authority of the requesting Contracting Party. 3. If the requesting Party indicates in the request a request to notify of the decision, the Contracting Party of the place of residence must send such notification within 15 days from the date of the decision.

 Article 8

1. The request shall be sent by the competent authority of the Contracting Party of the place of commission of the offence to the relevant authorities of the Contracting Party of the place of residence. 2. The list of competent authorities shall be determined by each Contracting Party at the time of signing this Convention and transmitted to the depositary, who shall notify the Contracting Parties accordingly.

 Article 9

If the competent authority of the Contracting Party of the place of residence considers that the information provided by the Contracting Party of the place of commission of the offence is insufficient to enforce the decision to impose a penalty in accordance with this Convention, it shall request the necessary additional information and may set a realistic deadline for its submission.

 Article 10

Russian Russian translation The request for the execution of decisions and the documents attached to it, as well as other materials related to the implementation of this Convention, shall be drawn up in Russian or accompanied by a certified translation into Russian.

 Article 11

Funds in the form of fines paid as a result of the execution of requests are transferred to the income of the Contracting Party of the place of residence.

 Article 12

The Contracting Parties shall independently bear the costs in connection with the implementation of the actions provided for in this Convention.

 Article 13

1. The list of traffic violations contained in the annex to this Convention forms an integral part of it. 2. The Contracting Parties may, by mutual agreement, at any time review the List of Traffic Violations contained in the annex to this Convention.

 Article 14

Any differences that may arise in connection with the implementation and interpretation of this Convention shall be resolved through consultations and negotiations between authorized representatives of the Contracting Parties concerned.

 Article 15

The provisions of this Convention do not affect the obligations assumed by the Contracting Parties under other international treaties to which they are parties.

 Article 16

This Convention shall enter into force on the date of transmission by the Contracting Parties to the depositary of the third notification on the completion of the internal procedures necessary for its entry into force.

 Article 17

This Convention is concluded for an unlimited period. Each Contracting Party may withdraw from this Convention by notifying the depositary in writing at least six months prior to withdrawal from the Convention. This Convention is open for accession by other member States of the Commonwealth of Independent States. Done in Moscow on March 28, 1997, in one original copy in the Russian language. The original copy is kept at the Executive Secretariat of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Convention.

 Annex to the Convention on the Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Traffic Rules dated March 28, 1997

List of traffic violations

1. Violations of the rules of the road or the operation of vehicles, resulting in minor bodily injury or material damage. 2. Violation by the driver of the vehicle of the obligation to remain at the scene of a traffic accident. 3. Driving a vehicle while intoxicated or under the influence of narcotic drugs, as well as other substances that have a similar effect. 4. Failure to comply with the lawful request of a police officer to stop a vehicle. 5. Evasion from passing an inebriation examination in accordance with the established procedure. 6. Transfer of control of a vehicle to a person who is intoxicated.

President of Georgia To the draft "Convention on the Mutual Recognition and Enforcement of Decisions in cases of Administrative violations of Traffic Rules"

In accordance with article 8 of the draft Convention, Georgia defines the Main Directorate of the Traffic Police of the Ministry of Internal Affairs of Georgia as the competent authority authorized to consider cases of administrative violations of traffic rules.

I hereby certify that the attached text is an authentic copy of the Convention on the Mutual Recognition and Enforcement of Decisions in Cases of Administrative Violations of Traffic Rules, adopted at the meeting of the Council of Heads of State of the Commonwealth of Independent States, which was held on March 28, 1997 in Moscow. The original copy of the aforementioned Convention is kept at the Executive Secretariat of the Commonwealth of Independent States.

Deputy Executive Secretary The Commonwealth of Independent States

President

Republic of Kazakhstan

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