The consular convention between the Russian Federation and Turkmenistan

of May 18, 1995

Russian Federation and Turkmenistan,

aiming to promote development of friendship between two countries, and also more effective protection of the rights and interests of the citizens,

wishing to establish additional provisions for maintaining the consular relations in development of the Vienna convention on the consular intercourses signed in Vienna on April 24, 1963

agreed as follows:

Article 1 of Determination

In this Convention:

1) "consular establishment" means any consulate general, consulate, vice-consulate or the consular agency;

2) "the consular district" means the area allocated to consular establishment for accomplishment of consular functions;

3) "the head of consular establishment" means person, it is entrusted to them to be effective in this quality;

4) "the consular official" means any person, including the head of consular establishment to whom accomplishment of consular functions is entrusted in this quality;

5) "the consular employee" means any person which is carrying out administrative or technical obligations in consular establishment;

6) "the worker of service personnel" means any person which is carrying out obligations on servicing of consular establishment;

"The employee of consular establishment" means 7) the consular official, the consular employee and the worker of service personnel;

8) "the worker of consular personnel" means the consular official (except for heads of consular establishment), and also the consular employee and the worker of service personnel;

9) "the private house worker" means person who is only in the private service of the employee of consular establishment;

10) "family member" means the spouses (spouse) of the employee of consular establishment, his children and parents, and also the parents of his spouse (spouse) living together with it and being in its dependence;

11) "consular rooms" means the buildings used only for consular establishment or parts of buildings and the parcel of land servicing this building or parts of buildings, coma the property right to them belonged;

12) "consular archives" include all papers, documents, correspondence, books, movies, video sound recordings, diskettes and registers of consular establishment together with the codes and codes, card-indexes and any furnishings intended for ensuring their safety or storage;

13) "the vessel of the represented state" means any vessel, except for public vessels, the having right to go under the flag of the represented state and registered in this state;

14) "the aircraft of the represented state" means any aircraft, except for military aircraft, registered in the represented state and having the right to bear identification marks of this state.

Article 2 Opening of Consular Establishments

1. The consular establishment of the represented state can be open in the territory of the state of stay only with the consent of the state of stay.

2. The location of consular establishment, its class, the consular district and number of consular officials are determined by the agreement between the represented state and the state of stay.

3. Further changes of the location of consular establishment, its class and the consular district or number of consular officials can be performed by the represented state only with the consent of the state of stay.

4. The prior definitely expressed consent of the state of stay is necessary also for opening of the office constituting part of the existing consular establishment out of the location of the last.

Article 3 Appointment of the Head of Consular Establishment

1. Before appointment of the head of consular establishment by the represented state on diplomatic or on other relevant channels the consent of the state of stay in the relation of the offered person shall be received.

2. If the state of stay does not agree to appointment of any person as the head of consular establishment, it shall not report to the represented state motives of such refusal.

3. The represented state sends through diplomatic channels to the Ministry of Foreign Affairs of the state of stay the consular patent or other similar document for appointment of the head of consular establishment. In this document the complete name, surname of the head of consular establishment, his nationality, class, the consular district and the location of consular establishment are entered.

4. On receipt of the consular patent or other similar document for appointment of the head of consular establishment the state of stay issues it the permission called by exequatur what form such permission would not have. The state of stay refusing to issue exequatur or other permission shall not report to the represented state motives of such refusal.

5. Except as specified, provided in Item 6 of this Article and in Article 4, the head of consular establishment can start accomplishment of the functions only after issue of such exequatur or other permission.

6. The state of stay can allow the head of consular establishment to accomplishment of its functions on a temporary basis before issue of exequatur or other permission. In this case provisions of this Convention are applied.

7. As soon as the head of consular establishment is allowed, is even temporary, to accomplishment of the functions, the state of stay immediately notifies on it competent authorities of the consular district. Besides, it provides taking measures, necessary in order that the head of consular establishment could fulfill duties on the position and take the advantages following from this Convention.

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