Convention on mutual recognition and execution of decisions on cases on administrative violations of traffic regulations

of March 28, 1997

The State Parties of the Commonwealth of Independent States which signed this Convention, referred to as further with Contracting Parties

in view of increase in intensity of motor transportation movement between Contracting Parties and the danger arising in case of road traffic offenses

considering that adoption of precepts of law is one of means of prevention of the road accidents and their harmful effects,

considering that preventive value of such regulations considerably depends on that, the administrative punishments provided for their violation will be applied how effectively,

agreed as follows:

Article 1

For the purposes of this Convention following terms mean:

a) "competent authorities" - bodies (officials) authorized according to the national legal system of the Contracting Party to consider cases on administrative violations of the traffic regulations provided by the List of road traffic offenses attached to this Convention;

b) "prosecution administratively" - actions of competent authorities of one of Contracting Parties for registration and consideration of material about administrative offenses, to decision making on case, imposing and execution of collection for road traffic offenses;

c) "road traffic offenses" - the violations provided in appendix to this Convention;

d) "The contracting party of the place of making of offense" the Contracting Party in the territory of which traffic regulations are violated;

e) "The contracting party of the place of residence" - the Contracting Party in which constantly or temporarily person which violated traffic regulations lives;

e) "administrative punishment" - the decision made by competent authority authorized to impose penalties for road traffic offenses.

Article 2

1. Contracting parties recognize the decisions of competent authorities passed for road traffic offenses concerning persons living in the territory of one of Contracting Parties.

2. If it is determined that person living in the territory of one of Contracting Parties violated traffic regulations in the territory of other Contracting Party, competent authorities of the Contracting Party of the place of making of offense make the decision on imposing of administrative punishment or on the termination of clerical work on this person.

3. When imposing collection for road traffic offense competent authorities of the Contracting Party of the place of making of offense in case of impossibility of its execution send to the Contracting Party of the place of residence of person who made violation, within 15 days request about execution of the imposed penalty.

4. The contracting party of the place of residence of person which violated traffic regulations performs the decisions passed by competent authorities of the Contracting Party of the place of making of offense according to the national legal system.

5. Person on who administrative punishment is imposed has the right of its appeal according to the legislation of the Contracting Party of the place of making of offense.

Article 3

If person living in the territory of one of Contracting Parties violated traffic regulations in the territory of other Contracting Party, then the Contracting Party of the place of making of offense can ask the Contracting Party of the place of residence to initiate prosecution of this person administratively and to submit the case to the Contracting Party of the place of residence for the purpose of removal of final administrative punishment if only the Contracting Party of the place of making of offense does not perform it or, having begun such prosecution, it will not consider it expedient to stop it.

The contracting party of the place of residence shall accept and consider materials about road traffic offense, and also inform the Contracting Party of the place of making of offense on the made decisions.

Article 4

If the Contracting Party of the place of making of offense sent to the Contracting Party of the place of residence inquiry for execution of collection for road traffic offenses, completion dates of collection stop before receipt of such request by competent authorities of the Contracting Party of the place of residence.

Article 5

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

Article 6

If person living in the territory of one of Contracting Parties violated traffic regulations in the territory of other Contracting Party, then competent authorities of the Contracting Party of the place of making of offense constitute the materials certifying the fact of making of offense on the specified person and in case of need withdraw the car driver license on the right of vehicle control, issue in exchange its temporary permission to the right of management certified by official stamp of competent authority which is recognized all Contracting Parties.

Article 7

1. The request about execution of the decision is constituted in writing and shall contain:

a) the name of the requesting body;

b) description of road traffic offense;

c) the text of provision of the law of the requesting Contracting Party based on which act is recognized administrative violation of traffic regulations, and also the text of other legislative arrangements having essential value for proceeedings;

d) surname, name, middle name and birth date of person concerning whom the inquiry, his nationality and the residence, and also other information about his personality important on case is sent;

e) the signature of the official who sent inquiry.

Available materials of the requesting Contracting Party (the copy of materials in case of the road accident) proceeedings, including the protocol on administrative offense, the car driver license of person which allowed violation, other documents and proofs are applied to request.

2. The request shall be certified by official stamp of competent authority of the requesting Contracting Party.

3. If the requesting Party in request specifies request to notify on the made decision, the Contracting Party of the place of residence shall direct such notification within 15 days from the date of decision making.

Article 8

1. The inquiry is sent by competent authority of the Contracting Party of the place of making of offense to relevant organs of the Contracting Party of the place of residence.

2. The list of competent authorities is determined by each Contracting Party when signing this Convention and transferred to depositary which will notify on it Contracting Parties.

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