Consular protection. Law to help citizens traveling abroad

Dear visitors of the OTPUSK.UZ portal!

Our professional team, together with foreign partners, is trying and will always try to do everything to make your trip easy, joyful and full of amazing memories.

However, sometimes something happens in life that goes beyond "our plans." It is especially difficult to make the right decision in force majeure, being abroad, far from home and loved ones, and the rhetorical question arises: "What to do?"

In order to raise your awareness, together with lawyers, we made a legal selection, where we tried to provide for various cases and indicated links to the law on the legal protection of citizens of the Republic of Uzbekistan – after all, in many countries of the world (mainly in all where our tourists travel) there are consular and diplomatic missions of the Republic of Uzbekistan, and their direct responsibility is to protect the interests of their citizens, help and support them in difficult situations.

The legal status of citizens of the Republic of Uzbekistan abroad is regulated by the laws of the Republic of Uzbekistan and the host state, as well as by international treaties to which the Republic of Uzbekistan and the host state are parties.

Citizens of Uzbekistan who are abroad enjoy the protection and patronage of the Republic of Uzbekistan. The Republic of Uzbekistan guarantees legal protection and patronage to its citizens both on the territory of the Republic of Uzbekistan and abroad. (Article 22 of the Constitution of the Republic of Uzbekistan).

Consular protection

Diplomatic missions of the Republic of Uzbekistan in the host states carry out consular protection of citizens of the Republic of Uzbekistan. Consular protection is the activity of the Ministry of Foreign Affairs of Uzbekistan, consular offices and consular officials to protect the rights and legitimate interests of our state, its citizens and legal entities on the territory of the consular district of diplomatic missions of the Republic of Uzbekistan.

Consular protection is carried out in accordance with the generally recognized principles and norms of international law, international treaties to which the Republic of Uzbekistan and the host state are simultaneously, the laws of the Republic of Uzbekistan and the host state.

Citizens of the Republic of Uzbekistan abroad are under the protection and patronage of the Republic of Uzbekistan. The Republic of Uzbekistan, represented by its diplomatic missions and consular offices, is obliged to take measures to ensure that citizens of the Republic of Uzbekistan have the opportunity to fully enjoy all the rights granted by the legislation of the host country, international treaties to which the Republic of Uzbekistan and the host state are parties, generally recognized norms of international law , international customs. Consular offices of the Republic of Uzbekistan, as well as consular departments of diplomatic missions of the Republic of Uzbekistan (hereinafter referred to as consular offices) also take measures to protect the rights of citizens of the Republic of Uzbekistan and restore them in case of violation. (Article 10 of the Law of the Republic of Uzbekistan "On Citizenship" No.ZRU-610 from 03/13/2020)

How to use consular protection?

Consular activities are carried out in order to protect the rights and interests of the Republic of Uzbekistan, the adoption by the Republic of Uzbekistan of measures to ensure that citizens and legal entities of the Republic of Uzbekistan have the opportunity to fully enjoy all the rights provided by the legislation of the host state of the consular institution, international treaties to which the Republic of Uzbekistan is a party and the host state of the consular post.

Consular activities are aimed at promoting the development of good-neighborly and friendly relations of the Republic of Uzbekistan with other states, the expansion of economic, trade, scientific, technical, cultural and other ties. (Article 1 of the Consular Charter of the Republic of Uzbekistan No.ZRU-517 dated January 17, 2019)

Often, people want to be "under the wing" of their native state when they are suspected of committing crimes abroad. In the case of detention of citizens of the Republic of Uzbekistan abroad by law enforcement agencies of foreign states, relatives of the detainees often turn to consular offices with a demand to "release" the arrested person from the temporary detention center or to create special conditions for him there.

A consular officer is obliged to take measures to ensure that citizens and legal entities of the Republic of Uzbekistan enjoy all the rights granted to them by international treaties to which the Republic of Uzbekistan and the host state of the consular post are parties, international customs, as well as the legislation of the host state of the consular post, if such rights do not contradict the legislation of the Republic of Uzbekistan.

The consular officer, in the manner prescribed by the legislation of the Republic of Uzbekistan, accepts and considers applications from individuals and legal entities in oral, written or electronic form. (Article 15 of the Consular Charter of the Republic No.ZRU-517 dated January 17, 2019)

It should be noted that the consul takes measures to restore the violated rights of a citizen or legal entity in the event that the rights provided for by the national legislation of the host state are violated.

But in practice, the work of consular offices is most emotional in cases in which citizens experience psychological dissatisfaction with the fact that their private desires do not correspond to the restrictions imposed by international law, an interstate agreement or the law of a foreign state, on the territory of which there was a conflict of private interests.

How to effectively exercise your right to consular protection?

In most cases, in order to effectively use consular protection, a number of recommendations must be followed:

1. While staying abroad, you need to be prepared for different situations. Know the contact numbers of consular offices, diplomatic missions of the Republic of Uzbekistan, as well as the rights and obligations of a foreigner in the host country, migration legislation, not to violate public order, not to do stupid things in case of unexpected turns of events. For example, if you are detained by law enforcement agencies, but you do not feel guilty, first of all, you must refuse to confront law enforcement officials. Give all the explanations required from you, but be prepared to disagree with possible violations of your rights.

For example, if the conversation takes place without a qualified translator and you are forced to sign the protocol in a language that you do not speak, you have the right to refuse to sign it altogether. But you can go the other way, namely, make a reservation entry on the page you are signing:

"The text was not translated to me. Its content is unknown to me. The request for a meeting with a consular officer was ignored.
Number.
Signature".

In both the first and second cases, the protocol may later turn into an argument testifying to certain violations of the rights of a foreign citizen.

2. If you have time to reflect on the problem you are having, understand the essence of your claims. If you cannot immediately indicate the name of a normative act that protects your interests and is violated by the action or inaction of your opponent, this is a reason to immediately consult with a specialist. Such a specialist, for example, can be a local lawyer or a consular officer.

If during the consultation process it turns out that the source of your dissatisfaction is not a legal conflict of private interests, but lies in the field of psychology or morality, does not have a judicial perspective, your demands for assistance in punishing your opponent or receiving compensation will be politely refused. You will not be able to become an object of obtaining consular protection precisely due to the absence of the fact of violation of your legitimate interests. But, if the laws of the host country or the provisions of the bilateral agreement have been violated against you and there is a reason for further legal proceedings, your problem will not be ignored.

3. If there is a violation of international law, bilateral treaties or the legislation of the host country in relation to you as a citizen or in relation to the legal entity you represent, then without wasting time, you should apply to the law enforcement agencies, prosecutor's office or court of the host country. The second application should be sent to the consular office of the Republic of Uzbekistan, in the consular district of which the incident occurred. This will give you the opportunity to use the resources of the consulate to monitor the progress of further proceedings.

Representing your interests with a local attorney can be very helpful. If necessary, he, as your authorized representative, can directly maintain contact on the case with the consular post. The consulate is able, on behalf of the state, to raise the issue of violation of the rights of its citizen before the official bodies of the host country and demand a proper trial and punishment of those responsible.

A consular officer, in a personal meeting with a citizen of the Republic of Uzbekistan, must make sure that the generally recognized principles and norms of international law, the provisions of international treaties to which the Republic of Uzbekistan and the receiving state of the consular institution are parties, and the legislation of the receiving state of the consular institution are observed in relation to him. In the event that the rights of a detainee, taken into custody, under administrative arrest or sentenced to imprisonment of a citizen of the Republic of Uzbekistan are violated, the consular officer in accordance with the generally recognized principles and norms of international law, international treaties to which the Republic of Uzbekistan and the host state of the consular institutions, takes, within the limits of its powers, measures allowed by the legislation of the host state of the consular institution to restore them. (Article 23 of the Consular Charter of the Republic No.ZRU-517 dated January 17, 2019)

In addition to the above, any citizen applying for consular protection should take into account the fact that in order to receive guaranteed assistance, he must provide detailed and, most importantly, reliable information about himself; if there is a need for paid consular services, pay for them at the appropriate rates; strictly observe the legislation of the host country.

If you find yourself under the threat of a terrorist attack, natural disaster and other emergencies in the host country, you need to urgently contact the nearest consular office of the Republic of Uzbekistan in the host country for information and registration. If you have lost contact with relatives who are abroad, you need to provide the consulate with detailed information about your relatives and how you can contact them. If possible, ensure the safety of the main documents in an emergency situation abroad: passport, insurance policy, bank cards, checks, etc. If you have lost your passport, you must contact the consulate to obtain a document proving your identity. You need to take care of the supply of food, water and medicine. And leave the dangerous area at the first opportunity. Do not wait passively - this can aggravate the situation.

This is how, acting quickly, consciously, and accurately, a citizen will be able to effectively exercise his right to consular protection.

Always remember that consular offices abroad are not entitled to replace the functions of the authorities of the host country. They are also required to strictly adhere to local and international law requirements. When reaching local authorities, they use diplomatic channels provided to them by the government of the host country, which does not guarantee an immediate solution to the problem, and sometimes turns out to be unsuccessful. The only true is that, although the function of consular institutions abroad is to protect the legitimate rights and interests of citizens of the Republic of Uzbekistan by available means, no one will replace a citizen in defending his own rights.

! Remember

Citizens of the Republic of Uzbekistan, legal entities can always receive full protection of their rights and interests by consular institutions of the Republic of Uzbekistan abroad. A consular officer is obliged to take measures to ensure that citizens and legal entities of the Republic of Uzbekistan enjoy all the rights granted to them by international treaties to which the Republic of Uzbekistan and the host state of the consular post are parties, international customs, as well as the legislation of the host state of the consular post, if such rights do not contradict the legislation of the Republic of Uzbekistan. (Article 15 of the Consular Charter of the Republic of Uzbekistan No.ZRU-517 dated January 17, 2019)

In addition, consular offices contribute to the development of friendly relations of the Republic of Uzbekistan with the host states and the expansion of economic, trade, scientific, technical, cultural and other ties with them. (Article 1 of the Consular Charter of the Republic of Uzbekistan No.ZRU-517 dated January 17, 2019)

We wish you good travels and no problems, but we recommend that you take a printout of this document with you on your travels!

Have a nice holiday!