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PRESIDENTIAL DECREE OF THE REPUBLIC OF KAZAKHSTAN

of April 25, 2016 No. 240

About approval of the Consular charter of the Republic of Kazakhstan

According to Item 2 of article 1 of the Law of the Republic of Kazakhstan of March 7, 2002 "About diplomatic service of the Republic of Kazakhstan" POSTANOVLYAYU:

1. Approve the enclosed Consular charter of the Republic of Kazakhstan.

2. Recognize invalid some presidential decrees of the Republic of Kazakhstan according to appendix to this Decree.

3. This Decree becomes effective from the date of its signing.

President of the Republic of Kazakhstan

N. Nazarbayev

Approved by the Presidential decree of the Republic of Kazakhstan of April 25, 2016 , No. 240

Consular charter of the Republic of Kazakhstan

This Consular charter of the Republic of Kazakhstan (further - the Charter) determines the legal basis of consular service of the Republic of Kazakhstan, the right and obligation of consular officials of the Republic of Kazakhstan by protection of the rights and interests of the Republic of Kazakhstan, citizens and legal entities of the Republic of Kazakhstan outside the Republic of Kazakhstan.

1. General provisions

1. In this Charter the following concepts are used:

1) consular establishment of the Republic of Kazakhstan (further - consular establishment) - the foreign institution of the Republic of Kazakhstan performing within certain consular district consular functions on behalf of the Republic of Kazakhstan;

2) class of consular establishment - the status of consular establishment determined by the Republic of Kazakhstan in coordination with the state of stay depending on the social and economic, political importance and its location in the state of stay;

3) the head of consular establishment - the employee of diplomatic service of the Republic of Kazakhstan heading consular establishment;

4) the consular official of the Republic of Kazakhstan (further - the consul) - the employee of diplomatic service of the Republic of Kazakhstan performing within the consular district consular functions on behalf of the Republic of Kazakhstan;

5) the honorary (freelance) consul of the Republic of Kazakhstan (further - the honorary consul) - person heading the honourable consulate of the Republic of Kazakhstan (further - honourable consulate) which is not in public service of the Republic of Kazakhstan to which accomplishment of separate consular functions on behalf of the Republic of Kazakhstan in the territory of foreign state within the consular district is entrusted;

6) the consular district - the territory allocated for consular establishment for accomplishment of consular functions;

7) consular archive - documents, correspondence, audio-and video records, electronic media of information, the book, magazines, registers, card-indexes, codes, codes, seals, stamps and other objects intended for accomplishment of consular functions;

8) the state of stay - foreign state in the territory of which there is foreign institution of the Republic of Kazakhstan.

2. Consular service of the Republic of Kazakhstan - the part of diplomatic service of the Republic of Kazakhstan aimed at providing protection of the rights and interests of the state, citizens and legal entities of the Republic of Kazakhstan in the limits allowed by international law, and also promoting development of friendship of the Republic of Kazakhstan with other states, to expansion economic, trade, scientific and technical, humanitarian cultural ties and tourism.

3. The consular service of the Republic of Kazakhstan is performed according to the Constitution of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan of March 7, 2002 "About diplomatic service of the Republic of Kazakhstan", this Charter, other regulatory legal acts taking into account the legislation of the state of stay, and also international treaties of the Republic of Kazakhstan, the conventional principles and rules of international law.

4. In the states where there are no diplomatic and equated to them representations (further - diplomatic representations), by the Ministry of Foreign Affairs of the Republic of Kazakhstan (further - the Ministry) with the consent of the state of stay diplomatic functions can be assigned to the head of consular establishment.

5. On buildings of consular establishments without fail rise National Flag and the State Emblem of the Republic of Kazakhstan is located.

6. The consular establishment has seal with the image of the State Emblem of the Republic of Kazakhstan and the name of organization in state language of the Republic of Kazakhstan and official language of the state of stay.

7. The location of consular establishment, its class and the consular district are determined under the agreement with the state of stay.

2. Organization of activities of consular establishments

8. Consular establishments are subdivided into the following classes: consulate generals, consulates, vice-consulates and consular agencies.

Under diplomatic representations the consular departments performing consular functions function.

The consular department of diplomatic representation is established by the head of diplomatic representation in the territory of the state of stay or the territory of other state in which the diplomatic representation is accredited in combination.

9. The consular establishment opens in the territory of the state of stay only with the consent of this state.

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