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The agreement between the Government of Ukraine and the Government of the Republic of Belarus concerning the organization of joint control at check points on the Ukrainian-Belarusian frontier

of December 14, 1995

The government of Ukraine and the Government of the Republic of Belarus which are referred to as the Contractual Parties,

in view of commercial and cultural ties which traditionally developed between both states,

proceeding from tasks of rather further strengthening of protection of border, improvement of quality of work of check points and reducing time of monitoring procedure on border,

based on the principles of equality, mutual advantage and other principles of international law,

being guided by the Agreement between the Government of Ukraine and the Government of the Republic of Belarus on check points of 17.12.1992,

agreed as follows:

Article 1

For the purposes of this Agreement the following terms are applied:

"regulatory authorities" - authorized bodies of the state control of the Contractual Parties which carry out control tasks at check points through frontier;

"check point" - officially the established territory or part of the territory of the border railway, automobile station, the airport (airfield) with complex of buildings, constructions and technical means where the control types determined by the legislation of the states of the Contractual Parties for the purpose of the omission through frontier of persons, vehicles, loads and other objects are performed;

"control" - complex of actions which are established by the legislation of the states of the Contractual Parties and are performed by regulatory authorities of the Contractual Parties concerning persons, vehicles, loads and other objects who go through frontier;

"joint control" - control of the Contractual Parties by the relevant regulatory authorities jointly at check points in the territory of Ukraine and/or the Republic of Belarus without gap in time between actions, up to its termination;

"staff of regulatory authorities" - officials of regulatory authorities of the Contractual Parties which are authorized to exercise the state control at check points.

Article 2

The contractual Parties, establishing joint control, will aim at simplification and acceleration of control procedure, the organization of interaction and coordination of work of regulatory authorities.

Article 3

Regulatory authorities of one Contractual Party exercise joint control in the territory of the check point of other Contractual Party according to the legislation of the state. Their actions have the same consequence in law when they would be performed in the territory.

Article 4

Control of the country of departure is exercised before control of the country of entrance. The rules of the country of departure connected with control cease to be effective from the moment of the statement for the end of control. Carrying out repeated control of the country of departure by regulatory authorities perhaps in case of receipt of consent of bodies of the country of entrance, except as specified, stipulated in Article the 8th this Agreement.

Article 5

The contractual Party in the territory of which joint control is exercised provides to regulatory authorities of other Contractual Party its free accomplishment and the same legal protection which its own regulatory authorities use.

Staff of regulatory authorities which exercise joint control of one Contractual Party and which are in the territory of the check point of other Contractual Party in connection with accomplishment of the service duties submit to the laws and instructions of the country of temporary stay if another is not caused by this Agreement.

Article 6

Regulatory authorities of the Contractual Parties which exercise joint control have the right to place on buildings and in the service premises provided to them at the check point, office texts in state language of the country and also the coat of arms and flag of the state.

Article 7

According to the national legal system authorized regulatory authorities of the Contractual Party in the territory of which the check point of joint control is located set the mode which regulates procedure for stay and movement in this Item of persons, vehicles, loads and other objects, and also other activities connected with the omission through the Ukrainian-Belarusian border of persons and vehicles.

Article 8

Crossing of frontier by persons and movement through it of vehicles, loads and other objects is performed after receipt of permission to crossing and movement from the regulatory authorities authorized of it. On all questions which belong to the termination of movement and delivery of persons, vehicles, loads and other objects on the territory, or on questions which concern preserving proofs of offenses, regulatory authorities of other Contractual Party provide appropriate assistance.

Article 9

Staff of regulatory authorities which carry out joint control of one Contractual Party during execution of service duties in the territory of the check point of other Contractual Party have the right to wear uniform and signs of distinction.

Article 10

Employees of duty shift of regulatory authorities which exercise joint control cross border and stay only within regime zones of check points in the territory of the country of other Contractual Party based on official IDs.

Article 11

Staff of regulatory authorities of the Contractual Parties which exercise joint control cross frontier for the purpose of implementation of control functions by them, are exempted from payment of duty, taxes and other charges concerning vehicles, and also the objects intended for accomplishment of these control functions, and personal belongings. In-house documents of regulatory authorities of one Contractual Party which exercise joint control are inviolable in the territory of other Contractual Party.

Article 12

Protection of objects of check points, and also faces and vehicles which are controlled or expect control, carry out the relevant regulatory authorities of the Contractual Party in the territory of which joint control is exercised. The relevant regulatory authorities of the Contractual Parties are responsible for ensuring movement of persons and vehicles between frontier and the venue of control.

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