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Ministry of Justice

Republic of Uzbekistan

On March 13, 2012 No. 2338

RESOLUTION OF THE MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF UZBEKISTAN, MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF UZBEKISTAN, SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of February 13, 2012 No. 7, No. 5, No. 22

About approval of the Instruction about application of measures of the administrative responsibility to the staff of diplomatic representations and consular establishments of foreign states, and also the organizations equated to them accredited in the Republic of Uzbekistan for road traffic offense

(as amended on 31-12-2017)

According to Item 1 of article 41 of the Vienna convention on the diplomatic intercourses of April 18, 1961, Item 1 of article 55 of the Vienna convention on the consular intercourses of April 24, 1963 and part two of article 17 of the Code of the Republic of Uzbekistan about the administrative responsibility and for the purpose of ensuring compliance by staff with the diplomatic representations, consular establishments and the organizations equated to them accredited in the Republic of Uzbekistan, traffic regulations, the Ministry of Foreign Affairs, the Ministry of Internal Affairs and the Supreme Court of the Republic of Uzbekistan decide:

1. Approve the Instruction about application of measures of the administrative responsibility to the staff of diplomatic representations and consular establishments of foreign states, and also the organizations equated to them accredited in the Republic of Uzbekistan for road traffic offense according to appendix.

2. This resolution becomes effective after ten days from the date of its state registration in the Ministry of Justice of the Republic of Uzbekistan.

 

Minister of Foreign Affairs

A. KAMILOV

Minister of Internal Affairs

B. MATLYUBOV

Chairman of the Supreme Court

B. MUSTAFAYEV

Appendix

to the Resolution of the Ministry of Foreign Affairs, Ministry of Internal Affairs and Supreme Court of the Republic of Uzbekistan of February 13, 2012 No. No. 7, 5 and 22

The instruction about application of measures of the administrative responsibility to the staff of diplomatic representations and consular establishments of foreign states, and also the organizations equated to them accredited in the Republic of Uzbekistan for road traffic offense

This Instruction according to Item 1 of article 41 of the Vienna convention on the diplomatic intercourses of April 18, 1961, Item 1 of article 55 of the Vienna convention on the consular intercourses of April 24, 1963 and part two of article 17 of the Code of the Republic of Uzbekistan about the administrative responsibility determines procedure for application of measures of the administrative responsibility to employees (and to members of their families) diplomatic representations and consular establishments of foreign states, and also the organizations equated to them accredited in the Republic of Uzbekistan (further - persons using immunity), for road traffic offense.

The members of administrative and technical and service personnel of diplomatic representation and consular establishment of foreign states, and also the organizations equated to them accredited in the Republic of Uzbekistan (further - diplomatic missions) who are citizens of the Republic of Uzbekistan, and persons living in the Republic of Uzbekistan it is permanent, are not considered as persons using immunity.

I. General provisions

1. According to the principles of legality, equality of all before the law, democratism, humanity, justice and inevitable responsibility for fault, all faces using immunity shall observe requirements of the legislation of the Republic of Uzbekistan.

2. Involvement of persons using immunity to the administrative responsibility is performed by acceptance of package of measures for impact on such faces and on diplomatic missions which they represent.

II. Actions of staff of Traffic police of Public service of traffic safety of the Ministry of Internal Affairs of the Republic of Uzbekistan

3. In case of identification of road traffic offenses from persons using immunity, the staff of Traffic police of Public service of traffic safety of the Ministry of Internal Affairs of the Republic of Uzbekistan (further - traffic police officers) constitute the protocol on administrative offense in the procedure established by the legislation. In case of creation of the protocol on administrative offense its rights and obligations, stipulated in Article 294 Codes of the Republic of Uzbekistan about the administrative responsibility are explained to the offender about what entry in the protocol is made.

In case of the introduction of persons using immunity in contact with traffic police officers, they shall show, irrespective of their status, to traffic police officers accreditation card, the car driver license on the right of vehicle control and other documents confirming vehicle accessory to the relevant diplomatic mission.

At the same time the car driver license on the right of vehicle control and other identity documents of the offender, return to the owner.

In the presence of good causes to believe that person using immunity, steering the vehicle, is in condition of alcoholic, drug and other intoxication, the traffic police officer for the purpose of safety of other persons suspends the driver from vehicle control, suggests to undergo, in the consent of the driver, medical examination in accordance with the established procedure on condition of alcoholic, narcotic and other type of intoxication. On this circumstance it is reported in control room of territorial authorities of internal affairs and Management of traffic safety, and also in the Ministry of Foreign Affairs of the Republic of Uzbekistan (further - the MFA) for the subsequent immediate informing the relevant diplomatic mission.

At the same time requirements which can be regarded as search or examination (opening of cowl or the luggage compartment of the vehicle) shall not be imposed.

In cases of failure to carry out by persons using immunity, legal requirements of traffic police officers about vehicle stop the relevant statement with obligatory specifying of the state registration registration plate of the vehicle, time, date and the place of making of offense is drawn up. The act is signed by traffic police officers and two witnesses.

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