CONVENTION
ON RECIPROCAL ACKNOWLEDGEMENT AND IMPLEMENTATION
OF DECISIONS IN CASES ON ADMINISTRATIVE TRAFFIC-RELATED OFFENCES
(MOSCOW, MARCH 28, 1997)
Member-states of the Commonwealth of Independent States being
signatories to this Convention, hereinafter referred to as the
Contracting Parties,
taking account of the growth of intensity of vehicular traffic
between the Contracting Parties & hazards created by traffic-related
offences,
keeping in mind that adoption of legal rules constitutes a means of
preventing traffic accidents and harmful effects thereof,
considering that the preventive significance of those rules depends
to a large extent upon how effectively administrative penalties for
violation of same are applied,
have agreed as follows:
Article 1
For purposes of this Convention the terms listed below shall imply:
a) competent bodies - bodies (officials) duly authorised under the
national legislation of Contracting Party to examine cases on
administrative offences against traffic rules stipulated under the List
of offences against traffic rules attached to this Convention;
b) prosecution in administrative procedure - actions taken by the
competent bodies of either Contracting Party to formalise and consider
materials on administrative offences, make decision in the case, impose
and execute a penalty for offences against traffic rules;
c) offences against traffic rules - offences specified under
Appendix to this Convention;
d) Contracting Party of the place where offence was committed - a
Contracting Party in whose territory traffic rules were violated;
e) Contracting Party of the place of residence - a Contracting Party
in which an offender of traffic rules is residing either permanently or
temporarily;
f) administrative penalty - decision taken by the competent body
duly authorised to impose penalties for offences against traffic rules.
Article 2
1. The contracting Parties shall acknowledge decisions of the
competent bodies passed in consideration of offences against traffic
rules in respect of persons residing in the territory of either
contracting Party.
2. When it is established that a person residing in the territory of
either Contracting Party has violated the traffic rules in the territory
of the other Contracting Party, the competent bodies of the Contracting
Party of the place where offence was committed shall take decision either
to impose an administrative penalty or to drop proceedings against that
person.
3. In the case of penalty imposed for violation of traffic rules,
the competent bodies of the Contracting Party of the place where offence
was committed shall, should execution of same be found impossible, send
an inquiry to the Contracting Party of the place of residence of offender
within 15 (fifteen) days about execution of the penalty imposed.
4. The contracting Party of the place of residence of traffic rules
offender shall carry out decisions passed by the competent bodies of the
Contracting Party of the place where offence was committed in compliance
with its national legislation.
5. Person who was subjected to administrative penalty shall have the
right to appeal it as is provided under the legislation of the
Contracting Party of the place where offence was committed.
Article 3
When a person residing in the territory of either Contracting Party
has violated traffic rules in the territory of the other contracting
Party, then the contracting Party of the place where offence was
committed shall have the right to request that the Contracting Party of
the place of residence start proceedings against that person in
administrative procedure and refer the case to the Contracting Party of
the place of residence with the aim of inflicting a final administrative
penalty, unless the Contracting Party of the place where offence was
committed is pursuing the proceedings itself or unless, having started
such proceedings, finds it advisable to drop them.
The Contracting Party of the place of residence shall undertake to
take over and consider materials on offences against traffic rules and
also Keep the Contracting Party of the place where offence was committed
informed of decisions that have been taken.
Article 4
When the Contracting Party of the place where offence was committed
sent an inquiry to the Contracting Party of the place of residence about
execution of penalty for violation of traffic rules, the dates for
execution of the penalty shall be suspended until such time when that
inquiry is received by the competent bodies of the Contracting Party of
the place of residence.
Article 5
The materials on cases for administrative offences against traffic
rules of the Contracting Party of the place where offence was committed
shall be legally valid in the Contracting Party of the place of residence
in the same degree and shall require no legalisation.
Article 6
When a person residing in the territory of either Contracting Party
has violated traffic rules in the territory of the other Contracting
Party, the competent bodies of the Contracting Party of the place where
offence was committed shall prepare materials against said person to
attest commission of offence and, if need be, confiscate his/her driving
licence for the right to drive a transport vehicle and give him/her in
its place a temporary permit for the right to drive duly certified with
the official seal of the competent body which is recognised by all
Contracting Parties.
Article 7
1. An inquiry for execution of the decision shall be made up in
writing and specify:
a) denomination of the body that makes an inquiry;
b) description of the offence against traffic rules;
c) a text of the provision of law of the inquiring Contracting Party
on the basis of which a deed is declared an administrative offence
against traffic rules and also a text of other legislative rules being of
substantial significance to the proceedings in the case;
d) surname, first name, patronymic and date of birth of the person
about whom an inquiry is sent, his/her citizenship and residence and also
other data about his/her personality being of significance to the case;
e) signature of official who sent inquiry.
The inquiry shall enclose materials (copies of materials in the
event of traffic accident) of proceedings in the case available with the
inquiring Contracting Party, including a protocol on administrative
offence, driving licence of the offender, other documents and evidence.
2. The inquiry shall be certified with official seal of the
competent body of the inquiring Contracting Party.
3. When the inquiring Party makes a request in the inquiry for
giving notification of the decision taken, the Contracting Party of the
place of residence shall give that notification within 15 (fifteen) days
from decision-making.
Article 8
1. The inquiry shall be sent by the competent body of the
Contracting Party of the place where offence was committed to appropriate
bodies of the Contracting Party of the place of residence.
2. The list of competent bodies shall be determined by each
Contracting Party upon signing this Convention and shall be handed to the
depositary which shall inform the Contracting Parties thereabout.
Article 9
Should the competent body of the Contracting Party of the place of
residence find the information supplied by the Contracting Party of the
place where offence was committed insufficient for execution of the
decision on imposing a penalty as is envisaged under this Convention, it
shall request for further required information and have the right to fix
a reasonable deadline for submission of same.
Article 10
The inquiry for execution of decisions and documents attached
thereto and also other materials related to implementation of this
Convention shall be prepared in the Russian language or be accompanied
with a translation into Russian duly certified.
Article 11
Monetary funds paid as penalties were as a result of compliance with
the inquiries shall be directed towards the revenue of the Contracting
Party of the place of residence.
Article 12
The Contracting Parties shall on their own bear expenses in
connection with undertaking actions provided under this Convention.
Article 13
1. The List of traffic-related offences given in the appendix to
this Convention shall be an integral part thereof.
2. The Contracting Parties shall have the right, upon mutual consent
thereto and at any time, to reconsider the List of traffic-related
offences given in the Appendix to this Convention.
Article 14
Differences that may arise in connection with implementation and
interpretation of this Convention shall be resolved through consultations
and negotiations between authorised representatives of the Contracting
Parties concerned.
Article 15
The provisions of this Convention shall not affect the obligations
undertaken by the Contracting Parties under other international
agreements to which they are parties.
Article 16
This Convention shall take effect from the day of delivery by the
Contracting Parties to the depositary of a third notification regarding
compliance with the intergovernmental procedures required for the
Convention to enter into effect.
Article 17
This Convention shall be concluded for an unlimited period. Either
Contracting Party shall be free to withdraw from this Convention by
advising the depositary to that effect in writing not later than six
months prior to withdrawal therefrom.
This Convention shall be open for other member-states of the
Commonwealth of Independent States to join it.
Done in the city of Moscow on March 28, 1997 in one authentic copy
in the Russian language. The authentic copy is kept with the Executive
Secretariate of the Commonwealth of Independent States which shall supply
a duly certified copy thereof to each state that signed this Convention.
For the Azerbajdzhan Republic For the Republic of Moldova
/signature/ /signature/
For the Republic of Armenia For the Russian Federation
/signature/ /signature/
For the Republic of Belarus For the Republic of Tadzhikistan
/signature/ /signature/
For Georgia For Tourkmenistan
/signature/ /signature/
For the Republic of Kazakhstan For the Republic of Uzbekistan
/signature/ /signature/
For the Kyrgyz Republic For the Ukraine
/signature/ /signature/
Appendix to the Convention
on Reciprocal Acknowledgement and Implementation
of Decisions in Cases
on Administrative Traffic-Related Offences
(Moscow, March 28, 1997)
List of traffic-related offences
1. Offences against traffic rules or transport vehicles operation
rules that entail the infliction of trivial bodily injuries or damage to
property.
2. Breach by the driver of the duty to stay at the site of a traffic
accident.
3. Driving in the state of alcohol or drug intoxication or under the
influence of other substances having a similar effect.
4. Failure to comply with a legitimate request of a militia (police)
officer to stop a transport vehicle.
5. Evasion the undergoing of examination in the established
procedure for alcohol intoxication.
6. Passing the driving on to a person in the state of alcohol
intoxication.
To Draft Convention on Reciprocal Acknowledgement
and Implementation of Decisions in Cases on Administrative
Traffic-Related Offences
Under Article 8 of the draft Convention Georgia designates the Chief
Road Police Department of the Ministry of Internal Affairs of Georgia as
the competent body authorised to examine cases on administrative
traffic-related offences.
President
of Georgia E. Shevardnadze