MISSIONS AND DELEGATIONS 7 page

Chapter III establishes a mode for honorable consular officials and consular establishments headed by such officials.

Chapter IV states general provisions concerning consular agents, not being the heads of consular establishments, the order of performance of consular functions by diplomatic representations and also citizens of the state of a stay and persons of the third states constantly living in the given country.

In chapter V the final provisions (signing and ratification of the Convention, joining to it, coming it into force) are given.

In the Convention the theory of functional necessity is fixed in a basis of consular activity that allows the countries to carry out consular relations more effectively.

Bilateral treaties on consular issues play a great role in relations between the states.

3. The consular conventions and other agreements on consular problems

The consular conventions are agreements between states, determining the order of an assumption of consuls to work, circle of their competence, advantages and privileges, mutually represented to the consular employees. It is the most significant group of the agreements in the consular law. States have begun to conclude such

Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.

agreements still in the 12th century. The general number of the working consular conventions has passed over one thousand and continues to grow, In these conventions on a bilateral basis the order of establishment of consular representations, assignment and withdraw of consuls, sphere of activity, right, privileges both immunities of consular officials and employees of consulate are defined. The structure and contents of consular conventions should correspond with the Vienna convention on consular relations, 1963.

The Republic of Kazakhstan develops co-operation with the various interested states on a bilateral basis. At once after declaration of its independence in 1992, the consular conventions were signed with China, Turkeyin 1993, Russia in 1994, Ukraine in 1994, Hungary in 1995, Belarus in 1996, KPDR (KNDR) in 1996, Georgia 1997, Moldova in 1997, Poland in 1997, Turkmen in 1997 etc. These documents define a rule of foreign consular establishments and their employees in the Kazakhstan territory and rule of the Kazakhstan consular establishments and their employees in the territories of the appropriate foreign states.

The consular conventions have usually various quantities of clauses. For example, in consular conventions signed with People's Republic of China contains 43 clauses, with Belarus - 48, Turkey - 60, but structures of all of them are almost the same.

Consular conventions consist of the following sections: the introductions (preamble); definitions of the terms, used in the convention; opening of consular establishments and assignment of consular officials; advantages, privileges, immunities; consular functions; the personnel of consular establishments and final clauses.

The uniformity of consular conventions is expressed in the fact that they comprise organizational norms of consulates and assignment of the heads of consular establishments. Consuls begin their duties, according to the rules of a convention, after the preliminary co­ordination of borders of a consular district and place of their stay by diplomatic channels. The state of a stay should give the consular patent to the head of a consular establishment. The state of a stay should ensure protection to consular officials and other employees of consular establishment and render to them all necessary assistance that they could

Generated by Foxit PDF Creator© Foxit Software http://www.foxitsoftware.com For evaluation only.

carry out their official duties. The special norms are determined, at which the consular activity stops.

The uniformity of structure and similarity of the contents of consular conventions does not carry complete concurrence; each convention is individual and has clauses, which do not repeat in other documents.

The consular conventions, representing wide rights and privileges to the personnel of consulates, provide all persons using inviolability, should respect the laws of the country, in which they are accredited.

At the conclusion of the bilateral consular conventions of the Republic of Kazakhstan with foreign states each side is guided by rules of the Vienna convention about the consular relations, 1963. The contractual practice of the Kazakhstan party has the features.

The bilateral consular conventions, signed by the Republic of Kazakhstan have precise definition of the citizenship of consular person. In the Vienna convention it is declared:

1. "Basically consular officials should be the citizens of the
represented state.

2. The consular officials cannot be nominated among the citizens of
the state of a stay only by the definitely expressed consent of this state
and this consent can be cancelled at any time.

3. The state of a stay can stipulate behind itself the similar right
concerning the citizens of the third state, which are not simultaneously
citizens of the represented state" (clause 22).

From rules of this clause it follows that consular officials, which number includes also head of consular establishment, can be nominated among the citizens of a host country, if there is consent of the accredited state.

In the consular conventions signed by the Republic of Kazakhstan it is always stipulated that the consular officials necessarily should be the citizens of the represented state.

10 years experience of international-Segal practice of the Republic of Kazakhstan in a course of foreign policy negotiation has resulted in necessity of signing of a package of documents, covering all basic aspects of bilateral co-operation, First of all these agreements on principles of interstate relations, about encouragement and mutual protection of investments, about avoidance of double taxation, about

Generated by Foxit PDF Creator © Foxit Software http://www.foxitsoftware.com For evaluation only.

legal help and also agreements in the field of the consular relations and in the field of cultural and humanitarian co-operation.

Bilateral consular conventions provide normal development of political, economic, scientific and humanitarian relations of two countries.

Besides bilateral consular conventions, the protocols on an establishment of the consular relations can be signed. The protocol on an establishment of consular relations between the Government of the Republic of Kazakhstan and the Government of the Republic of India can be served as an example. "The Government of the Republic of Kazakhstan and the Government of the Republic of India... has agreed to establish consular relations between two countries from the date of signing of the present protocol according to the rules of the Vienna convention about the consular relations, 1963 and any agreement, which can be signed between them in this respect".

The above-mentioned legal documents of the Kazakhstan legislation and also international-legal documents promote the agreements establishment and development of consular relations of the Republic of Kazakhstan with various countries of the world.

Date: 2015-12-17; view: 886