§ 1. Russian family legislation and international law
Sources of family law of Russia, along with regulatory legal acts Of the Russian Federation are international treaties in which the Russian Federation participates. In accordance with Part 4 of Art. 15 Constitution of the Russian Federation Generally accepted principles and norms of international law and international treaties of the Russian Federation are part of it legal system. In the resolution of Plenum Supreme Court Of the Russian Federation of October 10, 2003 "On the application by the courts of general jurisdiction of generally accepted principles and norms of international law and international treaties Of the Russian Federation "32 Under the generally recognized principles of international law, it is recommended to understand the fundamental imperative norms of international law, which adopted and recognized by the international community of state as a whole, the deviation from which is unacceptable. Under the generally accepted norm of international law, it is necessary to understand the rule of behavior adopted and recognized by the international community of state as a legally binding.
The principle of priority of international treaties in which the Russian Federation is involved is specified in Art. 6 of the RF IC. If an international contract Russian Federation Other rules have been established than those provided for by family legislation, the rules of the International Treaty applies. The procedure for imprisonment, ratification, termination, suspension of contracts is regulated Federal law "On international treaties of the Russian Federation" 33.
To date, the majority of norms regulating family relations with the participation of foreigners are held in consular conventions, bilateral international treaties. Among the few conventions in the field of family law is the most important importance to the UN Convention on the Rights of the Child (New York, November 20, 1989) 34, Convention "On Consent to Marriage, Brand Aged and Registration of Marriages" (New York , December 10, 1962) 35. Family law standards are contained in the Universal Declaration of Human Rights (adopted at the third session of the UN General Assembly by resolution 217 A (III) of December 10, 1948) 36, in the International Covenant on Economic, Social and cultural rights (New York, December 19, 1966) 37, International Covenant on Civil and Political Rights (New York, December 19, 1966) 38.
In order to protect the rights of children in adoption by foreign citizens, the Russian Federation has signed the Convention "On the Protection of Children and Cooperation on Foreign Adoption" (Hague, May 29, 1993) 39, which is one of the so-called Hague Conventions on Family rights. These are also the right to the Convention on the right, applicable to an alimony obligations in favor of children in 1956, the Convention on the recognition and execution of decisions on cases of aliminal obligations against children in 1958, the Convention on Jurisdiction and the applicable law regarding the protection of minors in 1961 , Jurisdiction convention, the applicable law and recognition of decisions in relation to the adoption of 1965, the Convention on the recognition of divorces and decisions on the judicial separation of spouses 1970, the Convention on the right, applicable to the Aliminal obligations of 1973, the Convention on the conclusion and recognition of the reality of marriages 1978, the Convention on the right, applicable to the Property regimes of spouses 1978, the Convention on the Civil Law Aspects of the International Abduction of Children of 1980
In relations with the CIS countries, the Convention on Legal Assistance and legal relationship According to civil, family and criminal cases (Minsk, January 22, 1993) 40.
The bilateral treaties of the Russian Federation regulating family relations should be attributed:
Agreement between the Russian Federation and the Arab Republic of Egypt about mutual legal aid and legal relations on civil, commercial and family matters (Moscow, September 23, 1997);
Agreement between the Russian Federation and the Republic of Poland on legal assistance and legal relations on civil and criminal cases (Warsaw, September 16, 1996);
Agreement between the Russian Federation and the Republic of Georgia on legal assistance and legal relations on civil, family and criminal cases (Tbilisi, September 15, 1995);
Agreement between the Russian Federation and the Republic of Moldova on legal assistance and legal relations on civil, family and criminal cases (Moscow, February 25, 1993);
Agreement between the Russian Federation and the Republic of Latvia on legal assistance and legal relations on civil, family and criminal cases (Riga, February 3, 1993);
Agreement between the Russian Federation and the Republic of Azerbaijan on legal assistance and legal relations on civil, family and criminal cases (Moscow, December 22, 1992);
Agreement between the Russian Federation and the Republic of Kyrgyzstan on legal assistance and legal relations on civil, family and criminal cases (Bishkek, September 14, 1992);
Agreement between the Russian Federation and the Republic of Lithuania on legal assistance and legal relations on civil, family and criminal cases (Vilnius, July 21, 1992);
Agreement between the Union of Soviet Socialist Republics and the Mongolian People's Republic on the mutual provision of legal assistance in civil, family and criminal cases (Ulan-Bator, September 23, 1988);
Agreement between the Union of Soviet Socialist Republics and the People's Democratic Republic of Yemen on legal assistance in civil and criminal cases (Moscow, December 6, 1985);
Agreement between the Union of Soviet Socialist Republics and the Republic of Cuba on legal assistance in civil, family and criminal cases (Havana, November 28, 1984);
Agreement between the Union of Soviet Socialist Republics and the Tunisian Republic on legal assistance in civil and criminal cases (Moscow, June 26, 1984);
Agreement between the Union of Soviet Socialist Republics and the Republic of Cyprus on legal assistance in civil and criminal cases (Moscow, January 19, 1984);
Agreement between the Union of Soviet Socialist Republics and the Czechoslovak Socialist Republic on legal assistance and legal relations on civil, family and criminal cases (Moscow, August 12, 1982);
Agreement between the Union of Soviet Socialist Republics and the Algerian People's Democratic Republic on the mutual provision of legal assistance (Algeria, February 23, 1982) and others.
The European Convention on the Adoption of Children (Strasbourg, April 24, 1967), the European Convention on the Recognition and Performance Decisions on Children and Recording Decisions on Children (Luxembourg, are important in regulating family legal relations in the Council of Europe member countries. 1980), European Convention on legal status extramarital children ETS № 085 (Strasbourg, October 15, 1975), etc.
Convention
on legal assistance and legal relationship
in civil, family and criminal cases
States parties to the Commonwealth of Independent States, the participants of this Convention, hereinafter referred to as Contracting Parties,
based on the desire to provide citizens with each of the Contracting Parties and other persons living on its territory, reliable legal protection of their personal, property and non-property rights In the territories of all Contracting Parties, attaching importance to the development of cooperation in the field of judgment agencies of legal assistance in civil, family and criminal cases,
agreed on the following:
Section I.
General provisions
Part I.
Legal protection
Article 1.
Providing legal assistance
1. Citizens of each of the Contracting Parties, as well as other persons living in its territories, use the same in the territories of all other Contracting Parties legal protection Their personal, property and non-property rights, as well as their own citizens of this Contracting Party.
2. Citizens of each of the Contracting Parties, as well as other persons living on its territory, have the right to freely and unhindered to contact the courts, the prosecutor's office, the internal affairs bodies, and other institutions of other Contracting Parties, whose competence includes civil, family and Criminal cases (hereinafter referred to as Justice institutions) may appear in them, submit petitions to present claims and carry out other procedural actions under the same conditions as citizens of this Contracting Party.
3. The term "civil cases" used in this Convention includes cases relating to the permission of economic disputes.
4. The provisions of this Convention also apply to legal entities.
Article 2.
Exemption from paying fees and reimbursement
1. Citizens of each of the Contracting Parties and other persons living on its territories are exempt from paying and compensation for judicial and notary fees and costs, and also enjoy free legal aid in the territories of other Contracting Parties under the same conditions as their own citizens.
2. Benefits provided in paragraph 1 this articleDistributed to all procedural activities carried out by civil, family and criminal cases, including the execution of a decision or sentence.
Article 3.
Submission of a document on family and property
1. The benefits provided for in Article 2 of this Convention are provided on the basis of a document on the family and property position of a person exciting a petition. This document is issued by the competent institution of the Contracting Party, in which the applicant has a residence or location.
2. If the applicant does not have in the territory of the Contracting Party of Residence or Bess, it is enough to submit a document issued by the corresponding diplomatic representation or consular Institution Contracting Party, whose citizen he is.
3. The establishment that makes a decision on the provision of benefits may request an institution that issued a document, additional data or the necessary explanations.
Part II.
Legal help
Article 4.
Providing legal assistance
1. The establishments of the Justice of the Contracting Parties provide mutual legal assistance in civil, family and criminal cases in accordance with the provisions of this Convention.
2. The agencies of the Justice of the Contracting Parties provide legal assistance and other agencies of the Contracting Parties to cases specified in paragraph 1 of this article.
3. Legal assistance is on the basis of orders and other appeals provided for by this Convention sent by the agencies of the requesting Contracting Party to institutions of justice as the requested Contracting Party.
Article 5.
Order of nonsense
1. When providing legal assistance, competent institutions of Justice of Contracting Parties are demolished with each other through their central, territorial and other bodies, unless this convention has not yet established the procedure for relations. Contracting Parties define a list of their central, territorial and other bodies authorized to carry out direct relations, as notifying the depositary at the time of the instrument of instrument of ratification or accession documents.
About changes in the list of central, territorial and other bodies Contracting Parties notify the depositary.
2. Configurations on issues of execution of instructions on conducting procedural actions and search eventsrequiring the sanction of the prosecutor (court) are carried out through the prosecution authorities.
Article 6.
Legal Assistance
Contracting Parties provide mutual legal assistance by implementing procedural and other actions, stipulated by law The requested Contracting Party, in particular, drawing up, shipping and presenting documents, the production of inspections, searches, recesses, transmission of material evidence, conducting examinations, interrogation of parties, third parties, suspects, accused, victims, witnesses, civil plaintiffs, civil defendants, their representatives, legal representatives accused, experts, presentation for identification, including using video communications, video recording and other technical means, search for persons, the implementation of operational-search activities in the framework of the investigated criminal case, criminal prosecution, issuing persons to attract them to criminal responsibility or bringing a sentence in execution, search and arrest (seizurement) of funds and property obtained by criminal means, as well as income from criminal activities, search for property and funds of civilian respondents to execute decisions on civil Affairs, commercial and other economic disputes, recognition and execution of executive inscriptions, court decisions According to civil cases and sentences.
Contracting Parties may provide mutual legal assistance in other forms and species, based on specific circumstances, interests of justice and society as a whole and in accordance with the internal legislation of Contracting Parties.
Article 7.
1. On behalf of legal assistance should be indicated:
c) the name and number of the case in which legal assistance is requested;
d) physical person data: surname, name, patronymic, date and place of birth, place of residence, citizenship, activity; About Legal Facial: Name, legal address or location, bank details and fiscal codes;
e) in the presence of representatives of the persons specified in subparagraph "g", their names, names, patronymic and addresses;
e) the need to ensure the confidentiality of the receipt of instructions and information obtained during its execution;
2. On behalf of the document, the accurate address of the recipient and the name of the given document should also be specified.
3. The commission must be signed by the face, in the production of which is the case, and fastened the gerbal seal of the institution of justice the requesting Contracting Party. Contact phones and other communication channels are also specified on the instructions.
4. Declaring in accordance with the requirements of paragraphs 1-3 of this article, a guide to the provision of legal assistance is sent to the establishment of justice the requested Contracting Party by the head of the Justice of the Request Contracting Party in compliance with the provisions of Article 5 of this Convention.
5. In cases not tolerating, the instruction on legal assistance, issued in accordance with the rules established by this article, can be directed over fax, as well as using other means of communication. At the same time, the original instruction should be directed by mail or courier.
Article 8.
The procedure for executing a guide to legal assistance
1. In the execution of an instruction on the provision of legal assistance, the establishment of justice the requested Contracting Party applies the legislation of its Contracting Party. At the request of the institution of justice the requesting Contracting Party, it can apply procedural norms The requesting Contracting Party, if they do not contradict the legislation of the requested Contracting Party. At the same time, the requested Contracting Party must submit the text of the procedural law.
2. If the establishment of justice the requested Contracting Party is incompetently to fulfill the instructions, then it forwards it in a 5-day term, it sends it to the competent institution of justice and notifies the establishment of justice the requesting Contracting Party.
3. At the request of the establishment of justice the requested Contracting Party, the establishment of justice the requested Contracting Party reports to him about the time and place of execution of the assignment, so that the representatives authorized by him could with the consent of the establishment of the requested Contracting Party and in accordance with its legislation to be present in the execution of the order, and Also, if this does not contradict the legislation of the requested Contracting Party, to participate in the implementation of procedural actions and search activities.
4. In the event that the exact address of the person specified in the assignment is unknown, the establishment of justice the requested Contracting Party takes the necessary measures to establish its accurate address (location).
5. After completing the instructions, the establishment of justice the requested Contracting Party sends the received documents, items and materials to the establishment of justice the requesting Contracting Party, unless otherwise provided by this Convention. In the event that legal assistance could not be provided, the establishment of justice the requested Contracting Party is notified of the circumstances that impede the execution of the order.
Article 9.
Call victims, civil plaintiffs, civilian respondents, their representatives, witnesses, experts and other persons
1. The victim, civil plaintiff, the civil respondent and their representatives, as well as the witness, an expert or other person who was on the call, awarded the establishment of justice the requested Contracting Party, will appear in the establishment of justice the requesting Contracting Party, may not be, regardless of its citizenship, Attracted in its territory to criminal liability, taken into custody and was punished for the act committed by him before the intersection of its state border. Such faces cannot be also brought to responsibility, taken into custody or punished in connection with their testimony testimony Or conclusions as experts in the case that is the subject of the proceedings.
The question of their criminal liability is solved in accordance with the provisions of the Section IV of this Convention.
2. The resulting person loses this immunity if it, having an opportunity for this, did not leave the territory of the requesting Contracting Party before the expiration of 15 days from the day when the establishment of justice the requesting Contracting Party informed him about the absence of its further stay on its territory. This period does not count the time during which this person by independent of his will causes the reasons could not leave the territory of the requesting Contracting Party.
3. The resulting person specified in paragraph 1 of this article, which the Contracting Party reimburses the costs associated with the passage, as well as staying on its territory and not received wage over the days of distraction from work; Experts also have the right to remuneration for expertise. The call must indicate which payments are entitled to receive caused by persons; According to their petition, the establishment of justice the requesting Contracting Party pays an advance payment to the coating of appropriate expenses.
4. The challenge of the persons listed in paragraph 1 of this article living in the territory of one Contracting Party to the establishment of the Justice of another Contracting Party should not contain the threats of coercion in the event of a non-appearance.
Article 10.
Organization of expert research
1. The agencies of Justice of Contracting Parties provide mutual legal assistance in organizing and conducting expertise on civil, family and criminal cases in special expert, research and other competent institutions of Contracting Parties.
2. When organizing and conducting such examinations, the Justice of the Contracting Parties are guided by domestic law. The conclusions of experts, the data in the requested Contracting Party in accordance with the legislation of this Contracting Party, have the same legal force And in the requesting Contracting Party and are accepted by the agencies of the Justice of this Contracting Party without any special certificate.
3. The cost of organizing and conducting examinations in such cases is borne by the requesting Contracting Party, unless otherwise determined by the Contracting Parties.
Article 11.
Presentation of documents
1. The establishment of justice the requested Contracting Party provides a presentation of documents in accordance with the procedure operating in this Contracting Party if the presented documents are drawn up in the language of this Contracting Party or in Russian are either provided with a certified translation into these languages. Otherwise, it transmits the documents to the recipient if he agrees to accept them voluntarily.
2. If the documents cannot be awarded to the address specified on the instruction, the establishment of justice the requested Contracting Party on its initiative takes measures the measures necessary to establish the address. If the address of the recipient's address is impossible, the establishment of justice the requested Contracting Party notifies the establishment of justice the requesting Contracting Party and returns to the documents to be submitted.
3. The presentation of documents is certified by the confirmation of the signed person who was awarded to the document, and the stamp stamp of the Justice of the requested Contracting Party, containing a date and signature of the employee of the institution, who presented the document, or issued by this institution a different document in which the method should be indicated and delivery time. If the addressee refused to receive documents or signing confirmation, the establishment of justice the requested Contracting Party notifies the establishment of justice the requesting Contracting Party.
Article 12.
Reality of documents
1. Documents that are issued on the territory of one of the Contracting Parties or are witnessed by a competent institution either specifically authorized person Within its competence and on the prescribed form and fastened with stamp printing, they are accepted in the territories of all other contracting parties without any special certificate.
2. Documents that on the territory of one of the Contracting Parties are considered as official documents, enjoy the territories of other Contracting Parties to the evidential force of official documents.
Article 13.
Forwarding documents about civil condition and other documents
1. Contracting Parties undertake to send each other upon request without translation and free documents on the registration of civil status acts directly through the bodies of registration of acts of the civil status of Contracting Parties with the notification of citizens about sending documents.
2. Contracting Parties undertake to forward to each other on request without translation and free documents on education, labor experience and other documents relating to personal, property or non-property rights and interests of citizens of the requested Contracting Party and other persons living in its territory.
Article 14.
Powers of diplomatic missions and consular institutions
Diplomatic missions and consular agencies of Contracting Parties have the right to transfer judicial and non-judicial documents or to execute judicial assignments to make indications for the courts of the Contracting Party of the Contracting Party in accordance with current international agreements or, in the absence of such agreements, in any other order not contrary to the legislation of the Contracting Party. , in the territory they are located.
Article 15.
Information on legal issues
Central agencies of the Justice of Contracting Parties on request provide each other information about the current and ingoing domestic legislation of their Contracting Parties and the practice of its application.
Article 16.
Establishing addresses and other data
1. Institutions of the Justice of Contracting Parties on request provide each other assistance in establishing addresses of persons living in their territories, and legal entitiesIf it is required to implement the rights of their citizens. At the same time, the establishment of justice the requested Contracting Party reports the data available to them to establish the address of the person specified in the request.
2. The agencies of the Justice of Contracting Parties provide mutual assistance in establishing a place of work (kind of classes) and income, including funds in banks in banks living in their territories, to which property requirements for the request of the requesting Contracting Party have been presented in Justice civil, family and criminal cases.
Article 17.
Language
When implementing this Convention, the Justice of Contracting Parties enjoys the state languages \u200b\u200bof Contracting Parties or Russian.
In the case of the execution of documents in the state languages \u200b\u200bof the Contracting Parties to them, certified translations into Russian are attached.
Article 18.
The costs associated with legal assistance
1. The costs associated with legal assistance bears that the Contracting Party in which they arose if the real convention was not established otherwise.
2. Expenditures on the transfer and transportation of items with historical and cultural value, as well as a large material value, carries the requesting Contracting Party.
Article 19.
Appeal of action officials. Reimbursement of harm
1. Citizens and legal entities of each of the Contracting Parties, as well as other persons on its territory, are entitled to appeal against the actions of officials of the Justice of other Contracting Parties committed by them in the execution of the provisions of this Convention, in the manner prescribed by the legislation of the Contracting Party at the place of commission Such actions, if the Convention has not been established otherwise.
2. If unlawful actions Officials of the Justice of Contracting Parties, perfect in the execution of this Convention, the persons specified in paragraph 1 of this article are harmful, they are entitled to demand it to compensation in accordance with the legislation of the Contracting Party, the officials of the Justice institutions of which are such harm caused.
Article 20.
Confidentiality of information when providing legal assistance
1. The establishment of justice the requested Contracting Party at the request of the Justice Institution of the requesting Contracting Party takes all necessary measures to ensure the confidentiality of the fact of obtaining and maintaining the guidance on the provision of legal assistance and data obtained as a result of its execution.
2. Institutions of justice requesting and requested Contracting Parties, if necessary, coordinate the terms and terms of conservation of the confidentiality of information obtained as a result of the execution of the order.
Article 21.
Refusal to provide legal assistance
The provision of legal assistance can be denied in whole or in part, if the provision of such assistance may cause damage to sovereignty or security or contradicts the legislation of the requested Contracting Party. In case of refusal to request legal assistance, the requested Contracting Party is immediately notified of the reasons for refusal.
Section II.
Legal relations in civil and family matters
Part I.
Competence
Article 22.
1. If in parts of the II-V of this section, it was not established otherwise, the claims to persons having residence on the territory of one of the Contracting Parties, regardless of their citizenship, are presented in the courts of this Contracting Party, and claims to legal entities are presented in the courts of the Contracting Party, On the territory of which is the management body of a legal entity, his representation or a branch.
If several respondents who have residence (location) in the territories of different Contracting Parties are involved in the case, then the dispute is considered in the residence (location) of any defendant for the choice of the plaintiff.
2. The courts of the Contracting Party are also competent in cases where on its territory:
a) trade, industrial or other economic activities enterprises (branch) of the defendant;
b) executed or must be fully or partially executed by the obligation from the contract, which is the subject of the dispute;
c) has a permanent residence or location of the claimant on the claim for the protection of honor, dignity and business reputation.
3. According to the claims on the right of ownership and other real estate rights to real estate, the courts are exclusively competent at the location of such property.
Claims to carriers arising from the contracts for the carriage of goods, passengers and baggage are presented at the location of the management of a transport organization, to which installed manner A claim was presented.
Article 23.
Control reference
1. The courts of Contracting Parties may consider cases in other cases if there is a written agreement of the parties to transfer the dispute to these vessels achieved before the consideration of the case on the merits.
Wherein exceptional jurisdictionarising from the norms of this Convention established parts i-v This section, as well as from the internal legislation of the relevant Contracting Party, cannot be changed by the Agreement of the Parties.
2. If there is an agreement on the transfer of the dispute, the court at the request of the defendant ceases the proceedings.
Article 24.
The relationship of lawsuits
1. In the case of the initiation of production in the case between the same parties, the same subject and on the same basis in the courts of two Contracting Parties competent in accordance with this Convention, the court, who aroused the case later, ceases production.
2. The counterclaim and the requirement for the competition arising from the same legal relationship as the main lawsuit is subject to consideration in the court, which considers the main claim.
Article 25.
Request for the participation of the prosecutor in the civil procedure
The prosecutor of one Contracting Party is entitled to appeal to the prosecutor of another Contracting Party with a request to initiate in the court of this Contracting Party of the case within its competence on the protection of rights and legitimate interests of citizens and legal entities of the requesting Contracting Party, to take part in the consideration of such cases or bring to the court to a higher instance of the cassation, appellate or private protest (presentation), as well as protest (submission) in the order of supervision on court decisions According to such cases.
Part II.
Personal status
Article 26.
Legal capacity and legal capacity
1. Accuability individual Determined by the legislation of the Contracting Party, whose citizen is this person.
2. The ability of a stateless person is determined by the legislation of the Contracting Party in which it has a permanent place of residence.
3. The legal capacity of the legal entity is determined by the legislation of the Contracting Party, according to the legislation of which it was established.
Article 27.
Recognition is limited by capable or incapable.
Restoration of legal capacity
1. In cases of recognition of the person is limited and incapacitated, with the exception of cases provided for in paragraphs 2 and 3 of this article, the court of the Contracting Party is competent, the citizen of which is a person.
2. If the court of one Contracting Party be aware of the foundation of recognition is limited to a person who is a citizen of another Contracting Party, which is notifying the court of a Contracting Party, whose citizen is a citizen of which is a given person.
3. If the competent court of Contracting Party, which was notified of the foundations for recognition limitedly capable or incapable citizenFor 90 days, it will not take a case to consideration or will not inform his opinion, the case of recognition is limited by a capable or incapable will consider the court of that Contracting Party, in which this citizen has a residence. The decision to recognize the person limitedly capable or incapable is sent to the competent court of a Contracting Party, which is a citizen of which is a person.
4. The provisions of paragraphs 1-3 of this article are applied according to the restoration of legal capacity.
Article 28.
Recognition is missingly missing and declared dead.
Establishing the fact of death
1. In cases of recognizing a person who is missingly missing or declaring the deceased and on the establishment of the fact of death, the competent institutions of the Justice of the Contracting Party, the citizen of which the face was at a time when it, according to the latest data, was alive, and in relation to other persons - Justice institutions at the last place of residence of the person.
2. The institutions of justice each of the Contracting Parties can recognize a citizen of another Contracting Party and another person who lived on its territory, missing or deceased, as well as to establish the fact of his death at the request of those who live in its territories of interested parties, the rights and interests of which are based on legislation of this Contracting Party.
3. When considering declaring cases of the missing or declaration of deceased and cases on the establishment of the fact of death, the establishment of the Justice of the Contracting Parties apply the legislation of its Contracting Party.
Part III
Family matters
Article 29.
Marriage
The conditions of marriage are determined for each of the future spouses by the legislation of the Contracting Party, the citizen of which it is, and for stateless persons - the legislation of the Contracting Party, which is their permanent residence. In addition, the obstacles at the conclusion of marriage must comply with the requirements of the legislation of the Contracting Party, in which marriage is.
Article 30.
Legal relations of spouses
1. Personal and property legal relations of spouses are determined by the legislation of the Contracting Party, in which they have joint residence.
2. If one of the spouses live on the territory of one Contracting Party, and the second - on the territory of another Contracting Party and at the same time both spouses have the same citizenship, their personal and property legal relations are determined by the legislation of the Contracting Party, whose citizens they are .
3. If one of the spouses is a citizen of one Contracting Party, and the second - another Contracting Party and one of them lives on the territory of one, and the second - on the territory of another Contracting Party, their personal and property legal relations are determined by the legislation of the Contracting Party in the territory of the territory which they had their last joint residence.
4. If the persons specified in paragraph 3 of this article have not had a joint residence in the territories of the Contracting Parties, the legislation of the Contracting Party is applied, the establishment of the justice of which is considering the case.
5. Legal relations of spouses concerning real EstateDefined on the legislation of the Contracting Party, in which this property is located.
6. For cases on personal and property legal relations of spouses, the competence of the establishment of a Contracting Party, the legislation of which is subject to use in accordance with paragraphs 1-3, 5 of this article.
Article 31.
Divorce
1. In cases of termination of marriage, the legislation of the Contracting Party is applied, the citizens of which are spouses at the time of applying.
2. If one of the spouses is a citizen of one Contracting Party, and the second - another Contracting Party, then the legislation of the Contracting Party is applied, the establishment of the justice of which is considering the termination of the marriage.
Article 32.
Competence of the Justice of Contracting Parties
1. In cases of termination of marriage in the case provided for in paragraph 1 of Article 31 of this Convention, the competent institutions of Justice of the Contracting Party, whose citizens are spouses at the time of applying. If at the time of applying, both spouses live on the territory of another Contracting Party, then competent also institutions of this Contracting Party.
2. For divorce cases in the case provided for by clause 2 of Article 31 of this Convention, the competent institutions of the Justice of the Contracting Party are in the territory of which both spouses live. If one of the spouses live on the territory of one Contracting Party, and the second - on the territory of another Contracting Party, then on the divorce of marriage, the competent institutions of the Justice of both Contracting Parties, in the territories of which spouses live.
Article 33.
Recognition of marriage invalid
1. In cases of recognition of marriage, the legislation of the Contracting Party is applied, which, in accordance with Article 29 of this Convention, applied at the conclusion of marriage.
2. The competence of justice institutions for marriage recognition cases is invalid in accordance with Article 32 of this Convention.
Article 34.
Establishment and challenging of paternity or maternity
The establishment and challenging of paternity or motherhood is determined by the legislation of the Contracting Party, the citizen of which is a child, if it is impossible to determine its citizenship to citizenship - according to the legislation of the Contracting Party, the citizen of which the child is by birth.
Article 35.
Legal relations of parents and children
1. Rights and obligations of parents and children, including the obligations of parents on the maintenance of children, are determined by the legislation of the Contracting Party, in which they have a permanent joint place of residence, and in the absence of a permanent joint place of parents and children, their mutual rights and obligations are determined by law Contracting Party, whose citizen is a child.
At the request of the claimant for aliminal obligations, the legislation of the Contracting Party is applied, in which the child constantly lives.
2. Aliminal obligations of adult children in favor of parents, as well as the alimony obligations of other family members are determined by the legislation of the Contracting Party, in which they had a joint residence. In the absence of a joint place of residence, such obligations are determined by the legislation of the Contracting Party, whose citizen is the plaintiff.
3. For legal relations between parents and children, the Court of Contracting Party is competent, whose legislation is subject to use in accordance with paragraphs 1 and 2 of this article.
4. The execution of the court decisions on cases associated with the education of children is made in the manner prescribed by the legislation of the Contracting Party in which the child lives.
5. Contracting Parties provide each other in the search for the defendant for the recovery of alimony, when there is a reason to believe that the defendant is located on the territory of another Contracting Party, and the court made a definition of the declaration of his search.
Article 36.
Guardianship and guardianship
1. Establishment or cancellation of guardianship and guardianship is made under the legislation of the Contracting Party, whose citizen is a person in respect of which a guard or guardianship is established or canceled.
2. The legal relationship between the guardian or trustees and the face under guardianship or trusteeship is governed by the legislation of the Contracting Party, the establishment of which prescribed a guardian or trustee.
3. The duty to adopt guardianship or guardianship is established by the legislation of the Contracting Party, the citizen of which is a person appointed by the guardian or trustee.
4. A citizen of one Contracting Party, a guardian or trustee, a citizen of another Contracting Party may be appointed by a citizen of one Contracting Party if he lives on the territory of the Contracting Party where care or guardianship will be carried out.
Article 37.
Competence of institutions in care and guardianship
For cases on the establishment or cancellation of guardianship and guardianship, the competent institutions of the Contracting Party, whose citizen is a person in respect of which is established or canceled, or guardianship, unless otherwise established by this Convention.
Article 38.
The procedure for adopting custody and guardianship measures
1. If necessary, the adoption of custody measures or guardianship for the interests of a citizen of one Contracting Party, permanent residence, location or property of which is located on the territory of another Contracting Party, the establishment of this Contracting Party shall notify the institution competent in accordance with Article 37 of this Convention.
2. In cases not tolerance, the establishment of another Contracting Party may adopt the necessary temporary measures in accordance with its legislation. At the same time, it is obliged to immediately notify the institution competent in accordance with Article 37 of this Convention. These measures retain strength before the adoption by the institution specified in Article 37, other solutions.
Article 39.
The procedure for transfer of guardianship and guardianship
1. The establishment of one Contracting Party competent in accordance with Article 37 of this Convention may convey care or guardianship to the establishment of another Contracting Party in the event that a person under guardianship or trusteeship has a place of residence, location or property in this Contracting Party. The transfer of guardianship or guardianship shall enter into force when the establishment of the requested Contracting Party will take care or guardianship and notify the establishment of a requesting Contracting Party.
2. The institution, which, in accordance with paragraph 1 of this article, adopted custody and guardianship, carries them in accordance with the legislation of its Contracting Party.
Article 40.
Adoption
1. Adoption or its cancellation is carried out under the legislation of the Contracting Party, the citizen of which is a adopter at the time of filing an imposition of adoption or cancellation, if the internal legislation of the Contracting Party, whose citizen is a child, is not established otherwise.
2. If a child is a citizen of another Contracting Party, then, with adoption or cancellation, it is necessary to obtain the consent of the legal representative and the competent state body, as well as the consent of the child, if necessary on the legislation of the Contracting Party, whose citizen he is.
3. If the child is adopted by spouses, of which one is a citizen of one Contracting Party, and the other - a citizen of another Contracting Party, then adoption or its abolition should be carried out in accordance with the conditions stipulated by the legislation of both Contracting Parties, taking into account the provisions of paragraphs 1 and 2 of this articles.
4. For adoption or its cancellation, the competent establishment of a Contracting Party, a citizen of which is a adopter at the time of filing an imposition of adoption or cancellation, and in the case provided for by paragraph 3 of this article, competently establishing the Contracting Party in which spouses have or There were last joint residence or location.
Part IV.
Property legal relations
Article 41.
Ownership
1. The ownership of real estate is determined by the legislation of the Contracting Party, in which real estate is located. The question of which property is immovable is solved in accordance with the legislation of the Contracting Party, in which this property is located.
2. ownership of vehiclessubject to deposit state registers, Determined by the legislation of the Contracting Party, in which the body carried out the registration of the vehicle.
3. The emergence and termination of ownership or other of real law The property is determined by the legislation of the Contracting Party, in whose territory the property was at the moment when there was an action or other circumstance that served as the basis of the emergence or termination of such a right.
4. The emergence and termination of the right of ownership or other real estate rights, which is the subject of the transaction, is determined by the legislation of the place of the transaction, unless otherwise provided by the agreement of the Contracting Parties.
Article 42.
Form of the transaction
1. The shape of the transaction is determined by the legislation of the Contracting Party, in which it is performed.
2. The shape of the transaction over immovable property and the rights to it is determined by the legislation of the Contracting Party, in which such property is located.
Article 43.
Power of attorney
The form and validity of the power of attorney are determined by the legislation of the Contracting Party, in which it is issued. Such a power of attorney with a notarized translation into the language of the Contracting Party, in which it will be used, or the Russian language is adopted in the territories of other Contracting Parties without any special certificate.
Article 44.
Rights and obligations of the parties on the transaction
The rights and obligations of the parties on the transaction are determined by the legislation of the Contracting Party, in which it is committed, unless otherwise provided by the Agreement of the Parties.
Article 45.
Compensation of harm
1. Obligations on compensation of harm, except for those arising from contracts and other legitimate actions, are determined by the legislation of the Contracting Party, in the territory of which there was an action or other circumstance that served as the basis for the claim for compensation for harm.
2. If the injury injury and victim are citizens of one Contracting Party, the legislation of this Contracting Party applies.
3. For cases referred to in paragraphs 1 and 2 of this article, the court of Contracting Party is competent, in whose territory there was an action or other circumstance, which served as the basis for the requirement for compensation for harm. The victim may also claim in the court of the Contracting Party, in which the defendant has a residence.
Article 46.
Limitation of actions
Questions of limitation Allowed by law, which is applied to regulate the relevant legal relationship.
Part V.
Inheritance
Article 47.
Principle of equality
Citizens of each of the Contracting Parties can inherit the territories of other Contracting Parties to property or rights under the law or a will on equal terms and in the same amount as citizens of this Contracting Party.
Article 48.
Right inheritance
1. The right to inherit property, except for the case provided for in paragraph 2 of this article, is determined by the legislation of the Contracting Party, in whom the testator had the last permanent place of residence.
2. The right to inherit real estate is determined by the legislation of the Contracting Party, in which this property is located.
Article 49.
Transition of inheritance to the state
If, according to the legislation of the Contracting Party to be applied, during inheritance, the heir is the state, then the movable hereditary property becomes a Contracting Party, who is a testator at the time of death, and immovable hereditary property becomes a Contracting Party in which it is located.
Article 50.
Will
The ability of the face to compile and cancel the will, as well as its form and the procedure for its cancellations are determined by the legislation of the Contracting Party, where the testator had a residence at the time of drawing up the act. However, the testament or its abolition cannot be recognized as invalid due to non-compliance, if the latter meets the requirements of the legislation of the Contracting Party, where the will is drawn up.
Article 51.
Inheritance Competence
1. Production on the inheritance of movable property is competent to conduct institutions of the Contracting Party, in whose territory there was a residence of the testator at the time of his death.
2. Production on the inheritance of real estate are competent to establish a Contracting Party, in which property is located.
3. The provisions of paragraphs 1 and 2 of this article are also applied when considering disputes arising in connection with the production of inheritance.
Article 52.
Competence of diplomatic representation or
consular institution for inheritance
According to inheritance, including inherited disputes, diplomatic missions or consular institutions of each of the Contracting Parties are competent to submit (except for the right to failure from inheritance) without a special power of attorney in the institutions of other Contracting Parties to the citizens of their Contracting Party, if they are missing or not Assigned a representative.
Article 53.
Inheritance
1. The establishments of the Contracting Parties are taken in accordance with the legislation of their Contracting Parties to the measures necessary to ensure the protection of the inheritance left in their territories by citizens of other Contracting Parties, or to manage it.
2. On the measures taken in accordance with paragraph 1 of this article, the diplomatic representation or the consular office of the Contracting Party, whose citizen is the testator is notified. The specified representation or institution may take part in the implementation of these measures.
3. At the request of the Justice of Contracting Parties, competent, to maintain inheritance, as well as diplomatic missions and consular agencies, the measures taken in accordance with paragraph 1 of this article may be changed, canceled or postponed.
Section III
Recognition and execution of decisions
Article 54.
Recognition and execution of decisions
1. Each of the Contracting Parties under the conditions provided for in this Convention recognizes and executes the following decisions made in the territories of other Contracting Parties:
a) solutions to the Justice of Contracting Parties on Civil and family deeds, including the World Agreements approved by the court on such cases and notarial acts regarding monetary obligations (hereinafter - decisions);
b) sentences (decisions) of criminal cases in terms of damages, penalties and confiscation;
c) the decisions of the courts on the imposition of arrest on property, including cash In bank accounts, in order to ensure a suit.
2. Recognition and execution of the decisions specified in paragraph 1 of this article are carried out in accordance with the legislation of the requested Contracting Party.
Article 55.
Recognition of decisions that do not require execution
1. Deposited by Justice, each of the Contracting Parties and the decisions that have entered into legal force, not requiring execution in their nature, are recognized in the territories of other Contracting Parties without special production, provided that:
a) institutions of justice the requested Contracting Party did not make an earlier decision on this case that entered into force;
b) The case under this Convention, and in the cases not provided for by it, according to the legislation of the Contracting Party, in which the decision should be recognized, does not relate to the exclusive competence of the Justice institutions of this Contracting Party.
2. The provisions of paragraph 1 of this article also apply to decision-law decisions and trustees and to solutions to terminate the marriage made by agencies competent in accordance with the legislation of the Contracting Party in which the decision made a decision.
Article 56.
The petition for recognition and execution of the decision
1. A petition for recognition and execution of the decision is filed by the Party, in whose favor, a decision was made to the competent court of a Contracting Party, where the decision is subject to execution. It may also be submitted to the court, which made a decision on the case in the first instance. This court sends a petition for the recognition and execution of its decision to the court, competent to make a decision on the petition.
2. The petition is attached:
a) a decision or his certified copy, as well as the official document that the decision has entered into legal force and is executed, or that it is subject to execution before entering into legal force, if it does not follow from the decision itself;
b) the document from which it follows that the party against which a decision was made that did not participate in the process were carried out in a proper order and was immediately caused to court, and in the case of its procedural incapacity, it was properly presented;
c) a document confirming the partial execution of the decision at the time of its transfer;
d) a document confirming the agreement of the parties to the contractual judgment.
3. The petition for recognition and execution of the decision and the documents attached to it are provided with a certified translation into the language of the requested Contracting Party or to Russian.
Article 57.
The procedure for recognition and execution of decisions
1. The petitions for the recognition and execution of the decisions provided for in Article 54 of this Convention are considered by the courts of a Contracting Party, in which execution should be carried out.
2. The court, considering the application for recognition and execution of the decision, is limited by the establishment of the fact that the conditions provided for by this Convention are observed. If the conditions are observed, the court makes a decision on execution.
3. The procedure for recognition and execution of decisions is determined by the legislation of the Contracting Party, in which execution should be carried out.
Article 58.
Fulfillment of court decisions about the recovery of fines, confiscation of property and income from criminal activities
1. Decisions of the Court of Requesting Contracting Party for the recovery of fines, confiscation or addressing the state of state and property in the criminal case or confiscation of income received by illegally, are executed by the requested Contracting Party on the grounds and in the manner prescribed by Articles 8, 54, 56, 57, 59 of this Convention.
2. The sums of recovery fines are transmitted to the requesting Contracting Party.
3. Only the requesting Contracting Party has the right to revise the decision on confiscation. The confiscation procedure is determined by the legislation of the requested Contracting Party.
The requested Contracting Party is associated with conclusions regarding the establishment of facts to the extent that they are set out in the sentence or other judicial decision, the declared requesting Contracting Party, or to the extent that this sentence or other judicial decision is based on these conclusions.
The confiscated property or equivalent property can be transferred in a fully or partially Contracting Party in which the decision on confiscation.
In each particular case, the requesting and the requested Contracting Parties agree on the division of property obtained by the requested Contracting Party in the execution of a confiscation decision in accordance with this Convention.
Article 59.
Refusal to recognize and execute solutions
In recognition and execution of the draft decisions provided for in Article 54 of this Convention may be denied if:
a) the decision was made in violation of the provisions established by this Convention;
b) in accordance with the legislation of the Contracting Party, in which the decision made it, it did not enter into force and is not subject to execution, except when the decision shall be executed before entering into force;
c) the defendant did not participate in the process due to the fact that he or his authorized was not in a timely manner and properly awarded a challenge to court;
d) in the case between the same parties, on the same subject and on the same basis on the territory of the Contracting Party, where the decision should be recognized and fulfilled, the decision has already been made before the decision or has a recognized decision of the Court of the Third State or if the institution has been submitted Justice of this Contracting Party was previously initiated by production in this case, not completed at the time of receipt of the application for the recognition and execution of the decision of the Justice of another Contracting Party;
e) in accordance with the provisions of this Convention, and in the cases not provided for by it, in accordance with the legislation of the Contracting Party, in which the decision should be recognized and fulfilled, the case relates to the exclusive competence of its establishment of justice;
(e) There is no document confirming the agreement of the parties on the case of the negotiability;
g) expired the limitation period provided for by the legislation of the requested Contracting Party;
h) recognition and execution of the decision contradicts public order The requested Contracting Party.
Section IV.
Legal assistance and legal relations in criminal cases
Part I.
Instructions on the provision of legal assistance in criminal matters
Article 60.
1. The instruction on the provision of legal assistance in a criminal case is drawn up in accordance with the requirements of Article 7 of this Convention.
2. On the instructions should also be indicated:
a) the description and qualifications of the perfect crime, the amount of damage, if it was caused by a criminal act;
b) a detailed list of procedural actions, search, or operational search activities that need to be performed within the framework of the criminal case, as well as other information necessary for the execution of the assignment;
c) a list of issues that need to be found out when interrogation;
d) the full text of the norm of the law, on the signs of which the criminal case is investigated.
3. To the instructions for the provision of legal assistance in a criminal case, certified and properly certified, authorized in the necessary procedure for the production of procedural actions, search, or operational-search activities are made in accordance with the procedure for the production of proceedings.
Article 61.
Fulfillment of legal assistance
in criminal case
1. Competent institutions of Justice of Contracting Parties ensure the execution of the instructions for the provision of legal assistance in criminal matters in accordance with the requirements of Article 8 of this Convention.
2. Resolutions of the institution of justice the requesting Contracting Party specified in paragraph 3 of Article 60 of this Convention are the basis for the production of procedural and other actions specified in them. Additional legalization of them in the execution of the assignment is not required, if this does not contradict the internal legislation of the requested Contracting Party.
3. For the purposes of the most complete and accurate execution of the instructions, the establishment of justice the requested Contracting Party may request additional information from a request to the Justice Institution.
In the process of executing the instructions of the institution of justice, the requested and requested Contracting Parties may also exchange information on the progress investigative actions, investigative or operational-search activities, submit additional information to each other, as well as coordinate questions about the implementation of additional investigative actions, search or operational-search activities.
4. After completing the assignment, the establishment of justice the requested Contracting Party sends the materials received by the establishment of justice the requesting Contracting Party or the initiator of the order with the notification of the execution of the instructions of the Justice of the Request Contracting Party.
Article 62.
Terms of execution of orders for legal assistance
in criminal matters
1. Instructions on the provision of legal assistance in criminal cases are executed within the period provided by the legislation of the requested Contracting Party.
2. If necessary, the deadline for the provision of legal assistance in coordinating competent Justice institutions of the Contracting Parties can be extended.
Article 63.
Creation and activities of joint
investigative operational groups
1. In order to quickly and comprehensively investigate crimes committed by one or several persons in the territories of two and more Contracting Parties or affecting their interests, joint investigative-operational groups can be created.
2. The proposal to create a joint investigative-operational group is issued in the manner provided for in Article 60 of this Convention.
3. The requested Contracting Party within 15 days after receiving a proposal to create a joint investigative-operational group notifies the requesting Contracting Party about the decision taken and, in the case of consent, simultaneously provides it with a list of officials included in such a group.
4. The members of the joint investigative-operational group directly interact with each other, coordinate the main directions of the investigation, carrying out investigative actions, search, or operational search activities are exchanged by the information received. The coordination of their activities in agreement is carried out by the initiator of the creation of a joint investigative-operational group or one of its members.
5. Investigative actions, search, or operational-search activities are carried out by members of the joint investigative-operative group of the Contracting Party, in which they are held. The participation of members of the joint investigative-operational group of one Contracting Party in conducting investigative actions, search and operational-search activities on the territory of another Contracting Party is carried out in the manner provided for in Article 8 of this Convention.
Article 64.
Performance of the order certain conditions
1. The establishment of justice the requested Contracting Party may delay the execution of the instructions or to fulfill partially if its immediate execution It will prevent investigation or trial, which is produced in the territory of the requested Contracting Party.
2. To address the issue of delaying the execution of the instructions or partial execution, the establishment of justice the requested Contracting Party considers the possibility of executing the instruction under certain conditions. If the establishment of justice the requesting Contracting Party agrees to such conditions, then it informs the establishment of justice the requested Contracting Party in writing and fulfills the conditions.
Article 65.
Legal importance of evidence obtained as a result
execution of instructions
The evidence obtained in the requested Contracting Party as a result of the execution of the instructions in accordance with its legislation, have the same evidence in the requesting Contracting Party.
Part II.
Issuance
Article 66.
Responsibility for issuing
1. Contracting Parties are undertaken in accordance with the Terms provided for in this Convention, upon request, to give each other to those in their territories, to bring to criminal liability or to bring the sentence to execution.
2. The issuance of criminal liability is made for such acts that the internal legislation of the requested and requested Contracting Parties are criminalized and for the commission of which is punishable in the form of imprisonment for a period of at least one year or more strict.
3. Issuance to enforce the sentence is carried out for such acts that, in accordance with the domestic law, the requested and requested Contracting Parties are criminalized and for their commitment, the issuance of which is requested, was sentenced to imprisonment for a period of at least six months or more strict punishment.
4. When solving the question of whether the act is for the commission of which the issuance is requested, criminalized under the internal legislation of the requested and requesting Contracting Parties, do not matter the differences in the description of the individual signs of the crime and in the terminology used.
Article 67.
Request for extradition
a) the name of the institutions of justice requesting and requested Contracting Parties;
b) the description of the actual circumstances of the act, which served as the basis for the request for the extradition, and the text of the law of the requesting Contracting Party, on the basis of which this act is recognized as a crime, indicating the penalties provided by this law;
c) surname, name, patronymic of a person who is subject to extradition, year and place of his birth, citizenship, place of residence or stay, if possible - description of appearance, photograph, fingerprints and other information about his personality;
d) the amount of damage caused by the crime and information about its compensation.
2. To request for issuance to criminalize, certified copies of detention orders must be made and attracting as an accused.
3. To request for issuance to enforce a sentence, a certified copy of the sentence should be made on the entry into force and the text of the provision of the criminal law, on the basis of which the person is convicted. If the convict was already serving part of the punishment, then the data about it also reported.
4. Request for extradition and documents attached to it are issued in compliance with the provisions of Article 7 paragraph 3 and Article 17 of this Convention.
Article 68.
Setting the location and custody
upon receipt of a request for its extradition
Upon receipt of a request for issuing a competent institution of justice of the requested Contracting Party immediately takes measures to establish the location of the person, the issuance of which is requested, and take it into custody, except in cases where the issuance cannot be produced.
Article 69.
Face search before receiving a request for extradition
1. The competent institutions of Justice of the Contracting Parties are carried out on behalf of the search for the person before receiving a request for its extradition except when the issuance cannot be made, if there is reason to believe that this person may be located on the territory of the requested Contracting Party.
2. The instruction on the implementation of the search is drawn up in accordance with the provisions of Article 7 of this Convention and must contain as a complete description of the wanted person along with any other information that allows you to establish its location, the request for it to be delated with an indication that a request for The issuance of this person will be presented.
3. To the instructions for the implementation of the search, a certified copy of the decision of the competent establishment of the request of the requesting Contracting Party to conclude a wanted person in custody either entered into force sentencing, information about an emergent part of punishment, as well as photographs and fingerprints of fingers (if any).
4. On the results of the search for the person produced before receiving a request for extradition, the competent establishment of justice the requesting Contracting Party is immediately informed.
Article 70.
Cavation or detention before receiving a request for extradition
1. A person issuing which is requested, according to the application can be taken into custody and before receiving a request for extradition. The petition should contain a reference to the decision of the competent establishment of justice the requesting Contracting Party to enter into custody or the sentence, which entered into force and the indication that the extradition request will be presented additionally. A petition request before receiving a request for extradition can be transferred using the technical means of communication with the simultaneous direction of the original by mail or courier.
2. A person issuing which is requested, can be taken into custody before receiving a request for extradition and in connection with the announcement of it to the international (interstate) wanted list. The basis of its detention in such cases is the decision of the competent institution of justice the requesting Contracting Party to take into custody as a preventive measure or a sentence that entered into force.
3. A person can be detained and without receipt of the petition specified in paragraph 1 of this article, if there is a provision provided for by domestic law to suspect that it performed a crime on the territory of another Contracting Party.
4. The competent institution of justice the requesting Contracting Party is immediately notified of the receipt of a request for extradition.
Article 71.
Terms of consideration of a request for extradition
1. A request for extradition is subject to consideration within 30 days after its receipt to the competent institution of justice of the requested Contracting Party, unless otherwise established by the legislation of this Contracting Party. The results of consideration of a request for extradition are reported to the establishment of justice the requesting Contracting Party.
2. If the issuance request does not contain all the necessary data, the establishment of justice the requested Contracting Party may request additional information, for which it sets up to 30 days. This period can be extended up to 30 days at the request of the institution of justice the requesting Contracting Party.
Article 72.
1. The basis for the placement of a person taken into custody (detainee), in respect of which the issue of extradition is solved, in the detention facilities is the decision to enter into detention issued by the competent institution of justice the requesting Contracting Party, or the decision of the competent establishment of justice the requested Contracting Party If this is provided for by its legislation.
Article 73.
Extending the detention of a person
to be issued
In the event of circumstances that impede the issuance of a person in the deadlines established by this Convention, the competent institution of justice the requesting Contracting Party, in the production of which is a criminal case, solves in accordance with domestic legislation the issue of extending the term of the detention of a person in custody and sends an institution of justice to the requested Contracting Party A certified copy of the decision about it properly.
Article 74.
Calculation of the term of detention
The detention time and maintenance of the persons in custody on the territory of the requested Contracting Party, as well as the time of its stuporing, is counted by the requesting Contracting Party in the overall term of its detention.
Article 75.
Liberation of the face taken into custody
The person taken into custody on the territory of the requested Contracting Party in accordance with this Convention should be immediately released if:
a) Received a notification of the competent institution of justice the requesting Contracting Party on the need to liberate this person;
b) a request for issuing and the documents attached to it, provided for in Article 67 of this Convention, are not submitted within 40 days from the date of detention and destruction of a wanted person;
c) additional information to the request for issuing requested by the requested Contracting Party in accordance with paragraph 2 of Article 71 of this Convention, not submitted to the period established by this article;
d) The term of the detention of the fact that the person expired is detention and the requesting Contracting Party has not submitted a copy of the decision on the extension of this term.
Article 76.
Providing the right to defense
1. Persons taken into custody (detainees) under the provisions of this Convention have the right to defense on the territory of each of the Contracting Parties in accordance with their legislation.
2. Complaints of the persons held in custody, their defenders or legal representatives on the use of preventive measure in the form of detention, the extension of detention is submitted to the court, another competent establishment of justice the requesting Contracting Party.
The court, another competent establishment of justice the requested Contracting Party at the place of custody (detention) of the wanted person, when considering complaints of these persons, is limited to checking compliance with the provisions of this Convention.
Article 77.
Delay issuing
1. If the person is issued, which is requested, has been criminally responsible or convicted of another crime on the territory of the requested Contracting Party, then his issuance may be delayed before the termination of criminal prosecution, leading the sentence or before being released from punishment or its departure.
2. The deferment of the issuance is notified by the requesting Contracting Party.
Article 78.
Issuance at time
1. If the reference to the issuance provided for by Article 77 of this Convention may entail an expiration of the limitation of criminal prosecution or cause damage to the investigation of the crime, the person, the issuance of which is requested, can be issued for a time.
2. The person issued to the time must be returned to the requested Contracting Party after conducting procedural actions in a criminal case for which it was issued, but no later than 90 days from the transfer of the person. In justified cases, this period may be extended by the competent institution of justice the requested Contracting Party at the request of the competent institution of justice the requesting Contracting Party.
Article 79.
Collision requests for extradition
If requests for extradition come from several Contracting Parties, the requested Contracting Party independently decides which of these requests must be satisfied.
Article 80.
Limits of criminal prosecution of the person issued
1. Without the consent of the requested Contracting Party, the person issued cannot be attracted to criminal liability or to punish for the crime committed before him, for which it was not issued.
2. Without the consent of the requested Contracting Party, the person cannot be issued to the Third State.
3. The consent of the requested Contracting Party specified in paragraphs 1, 2 of this article is not required if the person has expired before 30 days after the end of the criminal proceedings, and in the case of conviction - until the expiration of 30 days after serving the sentence or liberation, it will not leave the territory Requesting Contracting Party or if it will voluntarily return there. This period does not count the time during which the person issued could not leave the territory of the requesting Contracting Party for the reasons independent of it.
Article 81.
Non-allocation of the death penalty
For the purposes of this Convention and without prejudice to the legislation of the requested and requesting Contracting Parties the death penalty It does not apply as a requesting Contracting Party regarding the person issued in accordance with the provisions of this Convention, if such a punishment is not applied as the requested Contracting Party.
Article 82.
Transfer of the persons issued
1. In case of satisfaction of the issuance request, the requested Contracting Party shall notify the requesting Contracting Party about the place and time of transfer of the issued person and delivers it to the transmission place.
2. If the requesting Contracting Party does not accept a person to be issued, within 15 days after a consistent transfer date, this person must be released from custody. In justified cases, the established period of transfer of an outlined person at the request of a competent institution of justice the requesting Contracting Party can be extended to 15 days.
Article 83.
Repeated in custody due to issuance
1. The liberation of the person in accordance with paragraph "A" of Article 75, paragraph 2 of Article 82 of this Convention, does not interfere with the reinstallation of it in order to issue in case of receipt of a new request for extradition.
2. The person released in accordance with paragraphs "B", "B" and "G" of Article 75 of this Convention may be re-taken into custody for issuing in cases where a request for extradition, additional information to the request for extradition or decision The extension of the term of detention will arrive after installed deadlines.
Article 84.
Re-issuance
1. If the person issued will decline from the criminal prosecution or serving a sentence for a crime, in connection with which it was issued, and returns to the territory of the requested Contracting Party, it should be issued to a new request without providing materials mentioned in Article 67 of this Convention.
2. Re-issuance is carried out on general grounds In accordance with this Convention, if the person has a new crime on the territory of the requesting Contracting Party or has changed the amount of charges charged it.
Article 85.
Notice of criminal proceedings
Contracting Parties report to each other about the results of the criminal proceedings in relation to the person issued. At the request, a copy of the final solution is sent.
Article 86.
Transit transportation, staging
1. One Contracting Party at the request of another Contracting Party permits transit transportation, as well as in the prescribed manner, steps in its territory of persons issued or transmitted during the other Contracting Party to the third state. Transit transport permission is not required if it is carried out by air without intermediate landing on the territory of the Contracting Party through which transit is carried out.
2. A petition for transit transportation, steps is drawn up and considered in the same manner as the request for extradition.
3. The requested Contracting Party permits the transit transportation of the person issued in this way and on such a route as it considers the most appropriate.
Article 87.
Costs associated with issuing transit transport and staging
The costs associated with the issuance, transmission during the time and staging, carries the Contracting Party in which they arose, and the costs associated with transit transport - the requesting the Contracting Party.
Article 88.
Procedure for issuance
Issuing intercourse prosecutors (prosecutors) of the Contracting Parties, unless otherwise established by their internal legislation.
Article 89.
Failure to issue
1. Issuance is not performed if:
a) the person, the issuance of which is requested, is a citizen of the requested Contracting Party;
b) at the time of receiving a request for issuance, criminal prosecution, according to the legislation of the requested Contracting Party, cannot be initiated or the sentence cannot be carried out due to the expiration of the statute of limitations or by the other legitimate basis;
c) in relation to a person, the issuance of which is requested, in the territory of the requested Contracting Party for the same crime, a sentence was submitted, which entered into force, or a decree on refusal to initiate a criminal case or to terminate the proceedings;
d) the act, in connection with which the issuance is requested, in accordance with the legislation of the requested or requested Contracting Party, it is prosecuted only in the order of private accusation (according to the application of the victim);
e) issuance may cause damage to sovereignty, the security of the requested Contracting Party;
e) there are good grounds to believe that a request for extradition is associated with the persecution of a person on the basis of race, gender, religion, ethnicity or political belief;
g) Act, in connection with which the issuance is requested, refers to the legislation of the requested Contracting Party to military crimes, which are not crimes in accordance with the usual criminal law;
h) a person who is requested to be requested, was previously issued by the requested Contracting Party to the third state and the consent of this state for issuance was not received;
and) the person, the issuance of which is requested, granted asylum in the territory of the requested Contracting Party;
k) There are other grounds provided for in the International Treaty, whose participants are requested and requested Contracting Parties.
2. The extradition may be denied if the act, in connection with which the extradition is requested, is committed in the territory of the requested Contracting Party.
3. In case of refusal to issue, the requesting Contracting Party should be informed about the reasons for refusal within 10 days from the date of decision to decide.
Article 90.
Criminal prosecution non-presidency
In case of refusal to issue a requested person, the competent institution of justice the requested Contracting Party on the basis of the petition and materials of the competent institution of Justice of the requesting Contracting Party decides in accordance with the legislation of the Contracting Party to the issue of criminal prosecution against the person in the extradition of which was denied.
Part III
Implementation of criminal prosecution
Article 91.
The obligation to implement criminal prosecution
1. Each Contracting Party undertakes on behalf of another Contracting Party to exercise in accordance with the legislation of the Contracting Party to criminal prosecution against its own citizens suspected accused of committing crimes on the territory of the requesting Contracting Party.
Criminal prosecution is carried out by Contracting Parties also with respect to persons without citizenship and foreign citizenslocated in their territories, in cases of failure in their extradition.
2. If the crime in which the criminal case was initiated, entails civil law requirements for damage from a crime, then these requirements in the presence of such persons about damages are considered in this case or in the order of civil proceedings.
3. Criminal prosecution in the requested Contracting Party can be carried out, provided that the act is criminalized and in this Contracting Party.
When condemned, the prescribed punishment for the perfect crime should not be more stringent than the punishment provided for by the legislation of the requesting Contracting Party.
Article 92.
Instructions on the implementation of criminal prosecution
1. The instruction on the implementation of criminal prosecution should contain:
a) the name of the institution of justice the requested Contracting Party;
b) the name of the institution of justice the requesting Contracting Party;
c) the description of the act, in connection with which a guide to the implementation of criminal prosecution;
d) it is possible to more accurately specify the time, places and circumstances of the action;
e) the text of the law of the requesting Contracting Party, on the basis of which the act is recognized as a crime, as well as the text of others legislative normshaving essential importance for the proceedings;
e) the name, first name and patronymic of the suspect or the accused person, his citizenship, as well as other information about his personality;
g) statements of victims in criminal cases, initiated by the application of the victim, and the application for compensation for harm;
h) indication of the amount of damage caused by a crime.
The materials of the criminal case are made to the instructions, the proofs obtained in the requesting Contracting Party in accordance with its domestic law have the same proof and the requested Contracting Party.
2. When referring to the requesting Contracting Party of the initiated criminal case, the investigation on this case continues the requested Contracting Party in accordance with its domestic law. Prior to the direction of the instruction on the implementation of criminal prosecution, the requested Contracting Party solves the issue of extending the terms of the investigation, the content of the accused of custody and the resumption of production in the case.
3. Each of the documents in the case should be certified by the stamp of the competent Justice of the requesting Contracting Party.
4. The instructions and the documents attached to it are drawn up in accordance with the provisions of Articles 7 and 17 of this Convention.
5. If the accused at the time of the direction of the commission of criminal prosecution is detained on the territory of the requesting Contracting Party, it is transferred to the requested Contracting Party.
Article 93.
Taking into custody of own citizens before receiving the order
on the implementation of criminal prosecution
1. Each Contracting Party at the request of another Contracting Party may take into custody of its own citizens before receiving an instruction on the implementation of criminal prosecution against them for committing serious and especially grave crimes. The petition should contain a reference to the decree on custody and the indication that the commission of criminal prosecution will be presented additionally.
The specified petition and decree on detention prior to obtaining an instruction on the implementation of criminal prosecution can be transferred using technical means of communication with the simultaneous direction of originals by mail or with a courier.
2. On the capture of a person who is a citizen of the requested Contracting Party, immediately (fax, by telephone, telegraph, etc.) is notified by the requesting Contracting Party, in which a criminal case is located, and in accordance with Article 91 of this Convention, the question is raised On the direction of the relevant materials for the criminal prosecution of this person.
3. In criminal prosecution of such a person, the legislation of the requested Contracting Party is applied.
4. The person taken into custody under paragraph 1 of this article shall be released if the instructions for the implementation of criminal prosecution with all the documents applied to it provided for in Article 92 of this Convention will not be obtained by the requested Contracting Party within 40 days from the date of this person in custody.
The requested Contracting Party solves the issue of criminal prosecution of this person on the basis of domestic legislation.
Article 94.
The procedure for criminal prosecution
Criminal prosecutions are carried out by the Prosecutor General (prosecutors) of Contracting Parties, unless otherwise established by their internal legislation.
Article 95.
Jurisdiction transition
1. From the moment of adoption of the criminal proceedings, the requested Contracting Party, the requested Contracting Party cannot attract a suspect, the accused person responsible for the act, in connection with which the question of criminal prosecution was raised.
2. The right of criminal prosecution goes to the requesting Contracting Party if the requested Contracting Party does not accept measures to fulfill its request or refuse to perform it.
3. In cases provided for in paragraph 2 of this article, the requested Contracting Party returns the criminal prosecution and evidence transferred to it.
Article 96.
The procedure for transferring criminal cases in the production of ships
1. Criminal cases regarding the defendants who evade appearance in court sessions and hiding from the court, when establishing their place of stay and the availability of citizenship of the requested Contracting Party or in case of refusal to be issued, after the abolition of the suspension of the proceedings in the case, to implement criminal prosecution to the competent institution of justice of the requested Contracting Party in the manner provided for in Article 92 of this Convention .
2. Ply additional investigationThe end of the investigation and the consideration of the case applies the legislation of the requested Contracting Party and Article 90 of this Convention.
Article 97.
Notification of criminal prosecution
The requested Contracting Party is obliged to notify the requesting Contracting Party about the final decision, adopted on its instructions on criminal prosecution. At the request of the requesting Contracting side, a copy of the final decision is directed.
Article 98.
The consequences of making a decision on criminal prosecution
If a Contracting Party in accordance with Article 91 of this Convention, a reference was sent to implement criminal prosecution after the entry into force of the sentence or accepting a competent institution of justice the requested Contracting Party of a different final decision on the same act, the criminal case on the fact of doing this act by the competent institution of justice requesting The Contracting Party again cannot be initiated, and the case initiated by him is subject to termination.
Article 99.
Mitigating or aggravating the circumstances
1. Each of the Contracting Parties in the investigation of crimes and the consideration of criminal cases, the courts can take into account the legislation and aggravating circumstances provided for by its legislation regardless of whether they arose in the territory of which Contracting Party.
2. When deciding on the recognition of a person who has a particularly dangerous recidivist or the presence of various types of recurrence in its actions, to establish the facts of committing a crime and violation of duties related to the conditional condemnation, postponement of the execution of a sentence or a parole, agencies of the Justice of Contracting Parties may recognize And to take into account the verdicts made by the courts (tribunals) of the former USSR and part of the Union republics, as well as by the courts of each of the Contracting Parties.
Article 100.
Association of criminal cases
1. In the case of a person or group of crime persons in the territories of two or more Contracting Parties, criminal cases about these crimes at the request of the relevant competent Justice of the Contracting Parties can be combined into one production.
2. The union of affairs is made in compliance with the requirements of Articles 91 and 92 of this Convention.
Article 101.
The procedure for consideration of cases, susso courts of two
or several Contracting Parties
When accused of one person or group of persons in the commission of several crimes, the cases of which are merged and superseden by the courts of two or more Contracting Parties, to consider them competent the court of the Contracting Party in which is completed preliminary investigation. In this case, the case is considered in accordance with the legislation of this Contracting Party.
Article 102.
Failure to implement criminal prosecution
1. In the implementation of criminal prosecution refuses if:
(a) At the time of receipt of the criminal prosecution, the statutes of limitations have expired to attract a person to criminal liability;
b) in relation to the person, the criminal prosecution of which the question is raised, on the territory of the requested Contracting Party for the same crime, a decree was made to terminate the proceedings or a sentence, which entered into force or was denied a criminal case;
c) there is an act of amnesty, eliminating the possibility of applying punishment for the perfect act;
d) a person by the time of the community dangerous ActAccording to the legislation of the requested Contracting Party, has not reached the age from which it comes to criminal liability.
2. In the implementation of criminal prosecution, it can be denied for other grounds provided for by the legislation of the requested Contracting Party.
3. In case of refusal to implement criminal prosecution, the requesting Contracting Party must be notified in writing about the reasons for the refusal within 10 days from the date of decision to decide.
Part IV.
Special Provisions on Legal Assistance and Legal Relations for Criminal Affairs
Article 103.
Transfer of objects
1. Contracting Parties undertake to transmit each other:
a) the items that were used in the commission of crimes, including the instruments of crimes; The items that were acquired as a result of crimes or as a remuneration for them, or subjects that the criminal received in return for items that were acquired in this way;
b) items that may have the importance of evidence in a criminal case. These items are transmitted and in the event that the extradition of criminals cannot be made due to their death, escape or for other circumstances.
2. If the subjects specified in paragraph 1 of this article, the requested Contracting Party, are needed as evidence in a criminal case, then their transfer may be delayed until the end of the proceedings.
3. The rights of third parties on the transmitted items remain in force. After the end of the proceedings in the case, these items must be returned to the Contracting Party, which passed them if the latter does not refuse them.
Article 104.
Legal assistance in issues of search, arrest and ensure property confiscation
1. Contracting Parties in accordance with their legislation and the provisions of this Convention provide each other legal assistance in the search, arrest and removal of property, money and values \u200b\u200bobtained by criminal means, as well as belonging to the accused (defendants, convicted) income from criminal activities, damage compensation victims from crimes (civil plaintiffs), execution of sentences of ships on the recovery of fines and confiscation.
2. For this purpose, competent institutions of Justice of Contracting Parties on the basis of orders for legal assistance in criminal cases in accordance with domestic law perform all necessary investigative, search or operational-search activities aimed at detecting property, money and values \u200b\u200bobtained by criminal means As well as belonging to the accused (defendants, convicted) income from criminal activity.
Having established such property, money, values \u200b\u200band income, competent institutions of Justice of the Contracting Parties are making measures to ensure their preservation in the form of arresting to prevent any operations with them and their withdrawal.
3. Competent institutions of justice the requested Contracting Party, establishing property, money and values \u200b\u200bobtained in their jurisdiction, transfer them to the competent institutions of justice the requesting Contracting Party in order to encourage criminal proceedings as a physical evidence and subsequent return legal owners, repayment of damage caused crime.
4. Competent institutions of justice the requested Contracting Party, imposing an arrest of money, values \u200b\u200band property of the accused (defendant, convicted), revenues from criminal activities, ensure their safety for the subsequent appeal to the repayment of damage caused by the crime and confiscation on the basis of a sentence entered into legal force Court of requesting Contracting Party, taking into account the rules provided for in Article 58 of this Convention.
5. Competent institutions of justice the requested Contracting Party may delay the transfer of property, money and values \u200b\u200bto the requesting Contracting Party of property, money and values \u200b\u200bobtained by criminal, as well as belonging to the accused (defendants, convicted) revenues from criminal activities if they are required in connection with the criminal prosecution or resolving disputes on the rights of other (third) persons.
Article 105.
Use of video links
The competent institutions of the Justice of Contracting Parties in the provision of legal assistance is entitled by mutual agreement to use the Tools of Video Communications. The use of video communications is carried out in accordance with the internal legislation of Contracting Parties.
Article 106.
Transfer at the time of the person contained in custody or serving a sentence in the form of imprisonment
1. If necessary, interrogation as a witness or the victimcontained in custody or serving a sentence in the form of imprisonment in the territory of another Contracting Party, as well as conducting other investigative actions with his participation, this person, regardless of his citizenship, based on the request of the requesting Contracting Party, can be transmitted to her at the time of decision of the Central Authority of the institution of justice the requested Contracting Party, subject to its detention and return within the prescribed period.
2. The request for the transfer of the person specified in paragraph 1 of this article is drawn up in accordance with the provisions of Article 7 of this Convention and should also contain an indication of the time during which the presence of this person is required in the requesting Contracting Party.
3. Transmission at the time of the person specified in paragraph 1 of this article is not performed if:
a) his consent is not received for such a transfer;
b) its presence is required on the preliminary investigation or judicial proceedings On the territory of the requested Contracting Party;
c) Such a transfer may entail a violation of the established deadlines for the content of this person in custody or serving the punishment in the form of imprisonment.
4. The person specified in paragraph 1 of this article applies to the guarantees provided for in paragraph 1 of Article 9 of this Convention.
Article 107.
Notification of indictments and provision of criminal records
1. Each of the Contracting Parties will annually communicate to other Contracting Parties to information on the courts of convictions made by the courts with respect to citizens of the respective Contracting Parties, while simultaneously sending out the fingerprints of the convicts.
2. Each of the Contracting Parties provides other Contracting Parties for free on their request, information about the conviction of those convicted of its courts before, if these persons are prosecuted on the territory of the requesting Contracting Party.
Article 108.
Controlled delivery
Contracting Parties in accordance with domestic legislation take measures to provide on the basis of a mutual agreement of the competent agencies of Justice on investigative criminal cases, the use of a controlled delivery method to identify persons participating in committing a crime, obtain evidence and ensure criminal prosecution.
Part V.
Article 109.
Recognition and execution of sentences
1. Each of the Contracting Parties under the conditions provided for in this Convention recognizes and executes the verdicts declared by the courts of other Contracting Parties, in the event of an issuance of a person convicted by the court of one Contracting Party and did not send a sentence to criminalize on the territory of another Contracting Party, As well as when refusing to one Contracting Party in the issuance of a person to bring in the execution of a sentence made by the court of another Contracting Party.
2. The recognition and execution of sentences is carried out on the basis of the legislation of the Contracting Party, in which such sentences will be recognized and executed.
Article 110.
Petition for recognition and execution of sentence
1. A petition for recognizing and executed by the competent institution of justice the requesting Contracting Party is sent to the competent institution of justice the requested Contracting Party.
2. The petition is attached:
a) a properly certified copy of the sentence entered into legitimate strength and in the case of the decision of higher authorities, an official document on the entry into force of the sentence into legal force and putting it into execution;
b) the personality and citizenship of the person in respect of which the petition for the recognition and execution of the sentence is initiated;
c) the text of the articles of the law, on the basis of which the face was convicted;
d) certificate of the departure of the main and additional punishment, the amount of compensated damage.
3. If necessary, the competent institution of justice requested by the Contracting Party may request additional documents and information.
4. Documents attached to the petition are provided with a certified translation into the language of the requested Contracting Party or to Russian.
5. The competent establishment of justice the requested Contracting Party sends the received petition for the recognition and execution of the sentence to consider the competent court of its Contracting Party.
Article 111.
The procedure for recognition and execution of the sentence
1. A petition for recognition and execution of the sentence is considered by the competent court of the requested Contracting Party in accordance with its domestic law.
2. The competent court of the requested Contracting Party makes a decision on the recognition and execution of the sentence until the actual transmission of the person issued to its territory.
3. The competent court of the requested Contracting Party on the basis of the Court's sentence of the requesting Contracting Party determines the same punishment in accordance with domestic law as the sentence appointed.
4. If under the legislation of the requested Contracting Party for this act, the deadline for punishment is less than appointed by the sentence, the court determines maximum time The punishment provided for for a similar act by the legislation of the requested Contracting Party.
5. Part of the punishment, serving on the territory of the requesting Contracting Party, decided by the sentence, is counted on the period of punishment in accordance with the legislation of the Contracting Party, considering the petition for the recognition of the sentence. At the same time, the question of the implementation of the sentence is solved.
6. Punishment applies if it is provided for by the legislation of the requested and requesting Contracting Parties.
Article 112.
Refusal to recognize and execute sentence
In recognition and execution of the sentence can be denied if:
a) the punishment cannot be executed due to the expiration of the statute of limitations or by the other legitimate basis, as well as a sentence decided in absentia, without the participation of the defendant;
b) on the territory of the requested Contracting Party for the executed act, a person suffered a punishment or was justified or a criminal case was discontinued in accordance with the procedure established by law, and also if a person was exempt from punishment by the competent institution of justice to the requested Contracting Party;
c) the legislation of the requested Contracting Party does not provide for a sentence similar to the requested Contracting Party appointed on the territory;
Article 113.
The procedure for the addition of sentences in the execution of sentences
Addition of sentences in the execution of sentences is made according to the rules established by the legislation of the Contracting Party, in which sentences will be executed.
Article 114.
Application of pardon and amnesty
The pardon and amnesty of the person in respect of which the decision was made on the recognition and execution of the sentence, are carried out both asking and the requested Contracting Parties in accordance with their domestic law.
Article 115.
Procedure for revising sentence
The revision of the convict transferred to the execution of a convict can be carried out only by the competent court of a Contracting Party, in which the verdict was resolved.
Article 116.
Execution of modified and canceled sentences
1. If in the process of execution of the sentence, it will be changed by the competent court of a Contracting Party, in whose territory a sentence was resolved, a copy of the decision immediately directed the Contracting Party that fulfills the sentence to address the issue of executing such a decision in accordance with the requirements of this Convention.
2. If in the process of execution, it will be canceled with the termination of the criminal case by the competent court of the Contracting Party, in which the sentence was resolved, a copy of the decision is immediately sent to the competent authority of the Contracting Party executing the sentence.
3. If a new investigation is canceled during the execution process, a new investigation or judicial review is appointed, a copy of this decision, the criminal case materials and the implementation of criminal prosecution are sent in accordance with Article 92 of this Convention by the competent establishment of the Contracting Party to the Contracting Party.
Section V.
FINAL PROVISIONS
Article 117.
Issues of applying this Convention
Issues arising from the application and interpretation of this Convention are resolved by the competent authorities of the Contracting Parties on mutual agreement.
Article 118.
The relationship of the Convention with other international treaties
1. In relations between Contracting Parties, which are also members of one or more Council of Europe Conventions in the criminal sphere containing provisions affecting the subject of this Convention, only those provisions that complement these Council of Europe Convention are applied or promote the application of the principles set out in them.
2. In relations between Contracting Parties, participants in the above conventions of the Council of Europe and Contracting Parties, which are not members of such conventions, apply the provisions of this Convention.
3. The provisions of this Convention do not affect the rights and obligations of Contracting Parties arising from other international treaties, whose participants they are or may become.
4. At the request of one of the Contracting Parties, their central agencies of justice are consulted on the relationship between this Convention and other international agreements with the involvement, if necessary, representatives of others government agencies Contracting Parties.
Article 119.
Amendments and additions
With the consent of the Contracting Parties to this Convention, changes and additions may be made, which are issued by the relevant protocols, which are an integral part and effective in force in the manner provided for in Article 120 of this Convention.
Article 120.
The procedure for entering into force
1. This Convention is subject to ratification by the signatory States. Rattification letters are given to the storage of the Executive Committee of the Commonwealth of Independent States, which performs the functions of the Depositary of this Convention.
2. This Convention enters into force on a thirtieth day from the date of deposit of the third ratification diploma. For the state, which has passed the ratification diploma to depositary after the entry into force of this Convention, it will come into force on a thirtieth day from the date of deposit the depositary of its ratification diploma.
3. Between States Parties to this Convention, the Convention on Legal Assistance and Legal Relations for Civil, Family and Criminal Affairs of January 22, 1993 and the Protocol on March 28, 1997 are terminated.
4. The Convention and Protocol specified in paragraph 3 of this article continue to be applied in relations between the State party of this Convention and the State, which is their participant, for which this Convention has not entered into force.
Article 121.
Term of the Convention
1. This Convention is valid for five years from the date of its entry into force. After this period, the Convention is automatically extended each time a new five-year period.
2. Each Contracting Party may exit this Convention by sending a written notice of this depositary for 12 months before the expiration of the corresponding five-year period of its action.
Article 122.
Action in time
The implementation of this Convention applies to legal relations arising before its entry into force.
Article 123.
The procedure for joining the Convention
The present Convention after its entry into force can be acceded with the consent of all Contracting Parties to other states by transferring to the depositary of documents on accession. Accession is considered to be entered into force after the expiration of thirty days from the date of receipt by the depositary of the last report on agreement on such an accession.
Article 124.
Depositary functions
The depositary immediately informs the signatory to the present convention and the states who have joined it on the date of deposit of each ratification letter or the document on accession, the date of entry into force of this Convention, as well as on obtaining them from other documents, reservations, notifications and communications relating to this Convention.
Done in the city of Chisinau on October 7, 2002 in one authentic copy in Russian. A genuine copy is kept in the executive committee of the Commonwealth of Independent States, which will send each state that has signed this Convention, its certified copy.
For the Republic of Azerbaijan | For the Republic of Moldova |
||
G.Aliev | V.Voronin |
||
For the Republic of Armenia | For the Russian Federation |
||
R.Kocharian | V.Putin |
||
For the Republic of Belarus | For the Republic of Tajikistan |
||
A. Lukashenko | E.Rhmonov |
||
For Georgia | For Turkmenistan |
||
E.Shevardnadze | -------- |
||
For the Republic of Kazakhstan | For the Republic of Uzbekistan |
||
N.Nazarbaev | -------- |
||
For the Kyrgyz Republic | For Ukraine |
||
A.Akayev | L.Kchchma |
||
SPECIAL OPINION
Azerbaijan Republic
1. The implementation on the basis of the request for operational-search activities under this Convention is possible to the extent that allows the current national legislation of the Republic of Azerbaijan and only its competent authorities.
2. In the framework of this Convention, on the basis of the decision of the Court, it is possible to confiscate only tools and means used in the commission of crime, as well as the property produced by criminal.
3. Articles 63 and 108 of the Convention for the Republic of Azerbaijan have no legal force.
RESERVATION
Ukraine
1. Ukraine takes over the obligation to provide legal assistance in the amount provided for by Article 6 of the Convention, with the exception of recognition and execution of executive inscriptions.
2. Ukraine undertakes to recognize and execute decisions made in the territory of the States Parties to the Convention provided for by subparagraph "A" of paragraph 1 of Article 54 of the Convention, with the exception of notarial acts regarding monetary obligations.
The president | L.Kchchma |
STATEMENT
Republic of Armenia
Republic of Armenia declares that
1. It undertakes to provide legal assistance in the amount provided for in Article 6 of the Convention, with the exception of the recognition and execution of the executive inscriptions.
2. Requests provided for in Article 25 of the Convention will be considered to the extent that and as the Law of the Republic of Armenia will provide the relevant authority to the prosecutor.
3. Will recognize and execute decisions taken in the territories of the Contracting Parties provided for by the 1st part of Article 54 of the Convention, with the exception of notarial acts regarding monetary obligations,
will perform sentences (solutions) of the courts of Contracting Parties on Criminal Cases on the confiscation provided for by clause "b" of the 1st part of Article 54 of the Convention if the confiscation was applied to such crimes in which the Criminal Code of the Republic of Armenia also provides for the possibility of applying confiscation.
Treaty
Between the Russian Federation and the Republic of Moldova
Legal assistance and legal relations in civil,
Family and criminal matters
Russian Federation and the Republic of Moldova,
attaching importance to the development of cooperation in the provision of legal assistance in civil, family and criminal cases,
agreed on the following:
PART ONE. General provisions
Article 1.
Legal protection
1. Citizens of one Contracting Party enjoy on the territory of another Contracting Party regarding their personal and property rights as legal protection as citizens of this Contracting Party.
This also applies to legal entities that are created in accordance with the legislation of one of the Contracting Parties.
2. Citizens of one Contracting Party have the right to freely and unhindered to contact the courts, the prosecutor's office, notarial offices (hereinafter referred to as "institutions of justice") and in other institutions of another Contracting Party, whose competence includes civilian (including labor, housing), family And criminal cases can act in them, to initiate petitions, to present claims and carry out other procedural actions under the same conditions as their own citizens.
Article 2.
Legal help
1. The agencies of the Justice of Contracting Parties provide mutually legal assistance in civil, family and criminal cases in accordance with the provisions of this Agreement.
2. Justice institutions have legal assistance and other institutions, whose competence includes cases specified in paragraph 1 of this article.
3. Other institutions, whose competence includes the cases specified in paragraph 1 of this article, send requests for legal assistance through the Justice institutions.
Article 3.
Legal Assistance
Legal assistance covers the implementation of the procedural action provided for by the legislation of the requested Contracting Party, in particular the interrogation of the parties accused and defendants, witnesses, experts, conducting examinations, judicial inspection, the transfer of real evidence, the initiation of criminal prosecution and the issuance of persons who committed crimes, recognition and execution of judicial Decisions, presentation and transfer of documents, providing at the request of the other party information about the conviction of the accused.
Article 4.
Order of nonsense
When providing legal assistance to the institution of Contracting Parties, they are demolished with each other through Ministry of Justice and the Prosecutor General's Office of the Russian Federation and the Ministry of Justice and the Prosecutor's Office of the Republic of Moldova.
Article 5.
Language
The establishments of the Contracting Parties in relationships in connection with the provision of legal assistance are used by Russian and Romanian languages, unless otherwise provided by the present agreement.
Article 6.
Registration of documents
Documents sent by Justice institutions and other institutions in the order of providing legal assistance should be signed and certified by printing.
Article 7.
On behalf of the provision of legal assistance should be indicated:
1) the name of the requesting institution;
2) the name of the requested institution;
3) the name of the case in which legal assistance is requested;
4) names and surnames of the parties accused, defendants or convicts, gender, their citizenship, date of birth, occupation and permanent residence or location, and for legal entities - name and location;
5) names, surnames and addresses of their authorized;
Article 8.
Order order
1. In the execution of an instruction on the provision of legal assistance to the establishment of justice, to which the order is drawn, applies the legislation of its state. However, at the request of the institution, from which the order is based on, it can apply the procedural norms of the Contracting Party, on which the order is coming if they do not contradict the legislation of his state.
2. If the establishment of justice, to which the order is drawn, does not competently fulfill it, it forwards the instructions to the competent institution of justice and notifies the institution from which the order is coming.
3. In the case of receiving the appropriate petition, the establishment of justice, to which the order is drawn, notifies the institution from which the order is coming about the time and place of execution of the order.
4. After completing the instructions, the establishment of justice, to which the order is drawn, directs the documents to the institution, from which the assignment comes; In the event that legal assistance could not be rendered, it returns the order and simultaneously notifies the circumstances that impede its execution.
Article 9.
Procedure for presenting documents
1. The requested institution provides a presentation of documents in accordance with the rules operating in its state, if the presented documents are drawn up in its language or are provided with a certified translation. In cases where the documents are drawn up not in the language of the requested Contracting Party or are not equipped with the translation, they are awarded to the recipient if he agrees to voluntarily accept them.
2. At the request of the receipt, the exact address of the recipient and the name of the given document should be specified. If the address specified in the request appears to be incomplete or inaccurate, the requested institution in accordance with its legislation takes measures to establish an accurate address.
Article 10.
Confirmation of the presentation of documents
Confirmation of the submission of documents is issued in accordance with the rules operating on the territory of the requested Contracting Party. The time and place of delivery must be specified in the confirmation, as well as the person to whom the document is given.
Article 11.
Presenting documents and interrogation of citizens through
diplomatic missions or consular
institutions
Contracting Parties have the right to present documents and interrogate their own citizens located on the territory of another Contracting Party through their diplomatic missions or consular institutions. At the same time, compulsory measures cannot be applied.
Article 12.
Call abroad witness or expert
1. If during preliminary investigation Or judicial review on the territory of one Contracting Party there will be a need for a witness's personal appearance or an expert located on the territory of another Contracting Party, then it is necessary to contact the relevant authority of this part with the assignment of the agenda.
2. The agenda cannot contain sanctions in case of failure to appear.
3. Witness or expert who, regardless of his citizenship, voluntarily appeared on call to the appropriate body of another Contracting Party, cannot be brought to criminal or administrative responsibility, taken into custody or punished in connection with any act committed before the intersection of its state border. Such faces cannot be also involved in criminal or administrative responsibility, taken into custody or punished in connection with their testimony or conclusions as experts or in connection with the act, which is the subject of the proceedings.
4. This privilege does not use a witness or an expert if it is within 15 days from the moment of notifying it that its presence is not necessary, will not leave the territory of the requesting Contracting Party. This period does not count the time during which the witness or expert could not leave the territory of the requesting Contracting Party on the circumstances independent of it.
5. Witnesses and experts who were on the call to the territory of another Contracting Party have the right to compensation to the authority of the costs associated with the passage and stay abroad, as well as to reimburse the incomplete wages for the days of distraction from work; Experts, in addition, have the right to remuneration for examination. The call should be indicated which types of faces have the right; According to their petition, the Contracting Party from which the challenge is coming, pays an advance payment to the coating of appropriate expenses.
6. If the witness is caused by a person contained on the territory of the requested Contracting Party in custody, it can be transferred to the time with the condition that it will be detained and after interrogation will be immediately returned to the requested Contracting Party.
Article 13.
Reality of documents
1. Documents that were on the territory of one of the Contracting Parties are made or witnessed by Justice institutions or an official within their competence and in accordance with the established form and certified by the seal are accepted on the territory of another Contracting Party without any other certificate.
2. Documents that are considered on the territory of one Contracting Party as official, enjoy on the territory of another Contracting Party to the evidentiary strength of official documents.
Article 14.
The costs associated with legal assistance
1. The Contracting Party to which the order is facing, will not require reimbursement of legal assistance expenditures. Contracting Parties themselves carry all expenses arising in the provision of legal assistance in their territory.
2. The establishment of justice to which the order is drawn will notify the institution from which the order is coming about the amount of expenses. If the institution from which the order comes will impose these expenses from the person who is obliged to compensate them, then the recovery amounts are in favor of the contributing part of the Contracting Party.
Article 15.
Provision of information
The Ministry of Justice and the Prosecutor General's Office of the Russian Federation and the Ministry of Justice and the Prosecutor's Office of the Republic of Moldova provide each other at the request of the information on the legislation current or applicable to their states and on issues of approval by Justice.
Article 16.
Free legal protection
Citizens of one Contracting Party in the courts and other institutions of another Contracting Party are free legal assistance and provides free proceedings on the same grounds and with the same advantages as its own citizens.
Article 17.
Sending documents on acts of civil status
and other documents
Contracting Parties undertake to send each other at the request of diplomatic order without translating and free certificates of registration of acts of civil status and other documents (on education, work, etc.), which concern personal rights and property interests of citizens of another Contracting Party.
Article 18.
Refusal of legal assistance
Legal assistance does not turn out if its provision may cause damage to sovereignty or security or contradicts the basic principles of the legislation of the requested Contracting Party.
Member States of the Commonwealth of Independent States, participants of this Convention, hereinafter referred to as Contracting Parties,
based on the desire to ensure citizens of Contracting Parties and persons living in their territories, providing in all Contracting Parties with respect to personal and property rights of the same legal protection as their own citizens,
attaching importance to the development of cooperation in the provision of legal aid to the Justice of legal assistance in civil, family and criminal cases,
agreed on the following:
Section I. General
Part I. Legal Protection
Article 1. Providing legal protection
1. Citizens of each of the Contracting Parties, as well as persons living on its territories, enjoy in the territories of all other Contracting Parties regarding their personal and property rights with the same legal protection as their own citizens of this Contracting Party.
2. Citizens of each of the Contracting Parties, as well as other persons living on its territory, have the right to freely and unhindered to appeal to the courts, the prosecutor's office, the internal affairs bodies and other institutions of other Contracting Parties, whose competence includes civil, family and criminal cases ( Next, justice), can act in them, submit petitions to present claims and carry out other procedural actions under the same conditions as citizens of this Contracting Party.
3. The provisions of this Convention are also applied to legal entities established in accordance with the legislation of Contracting Parties.
Article 2. Exemption from payment of fees and compensation costs
1. Citizens of each of the Contracting Parties and persons living on its territories are exempt from paying and compensation for judicial and notarial fees and costs, and also enjoy free legal aid under the same conditions as their own citizens.
2. The benefits provided for in paragraph 1 of this article shall apply to all procedural actions implemented in this case, including the execution of the decision.
Article 3. Submission of a document on family and property situation
1. The benefits provided for in Article 2 are provided on the basis of a document on the family and property position of a person exciting a petition. This document is issued by the competent institution of the Contracting Party, in which the applicant has a residence or location.
2. If the applicant does not have in the territory of the Contracting Parties to Residence or Bess, then it is enough to submit a document issued by the corresponding diplomatic representation or a consular office of a Contracting Party, which he is a citizen.
3. The establishment that makes a decision on the provision of benefits may request an institution that issued a document, additional data or the necessary explanations.
Part II. Legal help
Article 4. Provision of legal assistance
1. The agencies of the Justice of Contracting Parties provide legal assistance in civil, family and criminal cases in accordance with the provisions of this Convention.
2. Justice institutions provide legal assistance and other agencies in cases specified in paragraph 1 of this article.
Article 5. Procedure of Relations
In implementing this Convention, competent institutions of Justice of Contracting Parties are demolished with each other through their central, territorial and other bodies, unless this convention has not yet established the procedure for relations. Contracting Parties determine the list of their central, territorial and other bodies authorized to exercise direct relations, as notice the depositary.
Article 6. Legal Assistance
Contracting Parties provide each other with legal assistance through the implementation of procedural and other actions provided for by the legislation of the requested Contracting Party, including: compiling and transferring documents, conducting inspections, searches, seizures, transmitting material evidence, examination, interrogation of parties, third parties suspected accused, victims, witnesses, experts, search for persons, implementing criminal prosecution, issuing persons to bring them to criminal liability or bringing sentences, recognition and execution of court decisions on civil cases, sentences in terms of civil law, executive inscriptions, as well as by putting documents.
Article 7. Content and form of assistance assistance
1. On behalf of legal assistance should be indicated:
a) the name of the requested institution;
b) the name of the requesting institution;
c) the name of the case in which legal assistance is requested;
d) names and surnames of the parties, witnesses, suspected, accused, defendants, convicted or victims, their location and location, citizenship, occupation, and in criminal cases also place and date of birth and, if possible, surnames and parent names; For legal entities - their name, legal address and / or location;
e) if there are representatives of the persons specified in subparagraph "g", their names, surnames and addresses;
g) in criminal cases also a description and qualifications of the perfect act and data on the amount of damage, if it was caused by the act.
2. On behalf of the document, the accurate address of the recipient and the name of the given document should also be specified.
3. The order must be signed and bonded by the stamp printing of the requesting agency.
Article 8. The procedure for execution
1. In the execution of an instruction on the provision of legal assistance, the requested institution applies the legislation of its country. At the request of the requesting agency, it can also apply the procedural norms of the requesting Contracting Party, unless they contradict the legislation of the requested Contracting Party.
2. If the requested institution does not competently fulfill the instructions, it forwards its competent institution and notifies the requesting an institution about it.
3. At the request of a requesting agency, the requested establishment reports in a timely manner and stakeholders about the time and place of execution of the order so that they can be present in accordance with the legislation of the requested Contracting Party.
Convention on Legal Assistance and Legal Relations for Civil, Family and Criminal Affairs
from January 22, 1993
About document
| Date of adoption: | 22/01/1993 |
| Document status: | Act |
| Issuer organs: | Commonwealth of independent states |
Publishing the document
Bulletin of international treaties 1995, №2, p. 3,
collection "Active international law"T. 3 (extracting)
Minter, January 22, 1993Member States of the Commonwealth of Independent States,
participants in this Convention, referred to the Contracting
based on the desire to ensure citizens of Contracting
Sides and persons living in territories providing in all
Contracting Parties for Personal and Property Rights
of the same legal protection as its own citizens,
attaching importance to the development of cooperation in the field
providing legal assistance on civilian judicial agencies
family and criminal matters
agreed on the following:
Section I. General
Part I. Legal Protection
Article 1. Providing legal protection
1. Citizens of each of the Contracting Parties, as well as personsliving in its territory, enjoy in the territories of all
other Contracting Parties regarding their personal and
property rights of the same legal protection as their own
citizens of this Contracting Party.
2. Citizens of each of the Contracting Parties, as well as others
persons living on its territory have the right to freely and
seemingly contact the courts, prosecutor's office, internal organs
affairs and other institutions of other Contracting Parties, to
whose competences include civilian, family and criminal
petitions to present claims and exercise other procedural
actions under the same conditions as citizens of this
Contracting Party.
3. The provisions of this Convention also apply to
legal entities established in accordance with the legislation
Contracting Parties.
Note
Article 2. Exemption from payment of fees and compensation costs
1. Citizens of each of the Contracting Parties and Persons,
resisting on its territory are exempt from paying and compensation
judicial and notarial duties and costs, and also enjoy
free legal aid on the same conditions as
own citizens.
2. The benefits provided for in paragraph 1 of this article,
apply to all procedural actions carried out by
this case, including the execution of the decision.
Article 3. Submission of a document on family and property situation
1. The benefits provided for in Article 2 are provided on
foundation of a document on the family and property position of the person,
exciting petition. This document is issued competent
institution of the Contracting Party, in which
residence or location applicant.
2. If the applicant does not have on the territory of Contracting
Aspects of residence or location, then enough
submit a document issued by the corresponding diplomatic
representation or consular agencies Contracting
The parties, the citizen of which he is.
3. The institution that makes a decision on the petition about
providing benefits, may request from the institution issued
document, additional data or necessary explanations.
Part II. Legal help
Article 4. Provision of legal assistance
1. Justice agencies of the Contracting Parties havelegal assistance in civil, family and criminal cases in
accordance with the provisions of this Convention.
2. Justice agencies provide legal assistance and others.
affairs for cases specified in paragraph 1 of this article.
Article 5. Procedure of Relations
When implementing this Convention, competent institutions
justice of Contracting Parties are demolished with each other through their
central, territorial and other organs, if only
this convention has not yet established other procedure for relations.
Contracting Parties define the list of their central,
territorial and other authorized bodies
directly interchanges, as notifying the depositary.
Note
Article 6. Legal Assistance
Contracting Parties have legal assistance to each other.
by performing procedural and other actions provided for
the legislation of the requested Contracting Party, including
including: compiling and forwarding documents, inspection,
searches, seizures, transmission of material evidence,
expertise, interrogation of parties, third parties suspected,
accused, victims, witnesses, experts, search for persons
criminal prosecution, issuing persons to attract
their criminal responsibility or sentencing in
execution, recognition and execution of court decisions on civil
affairs, sentences, executive
inscriptions, as well as by presenting documents.
Note
Article 7. Content and form of assistance assistance
1. On behalf of legal assistance should be
specified:
a) the name of the requested institution;
b) the name of the requesting institution;
c) the name of the case in which the legal
help;
d) names and surnames of the parties, witnesses suspected,
accused, defendants convicted or victims, their
residence and location, citizenship, occupation, and
criminal cases also place and date of birth and, if possible,
surnames and names of parents; For legal entities - their name,
legal address and / or location;
e) if there are representatives of the individuals specified in subparagraph "g",
their names, surnames and addresses;
for its execution;
perfect act and data on the amount of damage if he was
caused by the act.
2. On behalf of the document should also be indicated
the exact address of the recipient and the name of the given document.
3. The order must be signed and bonded
printing the requested institution.
Note
Article 8. The procedure for execution
1. When executing a guide to legal assistance
the requested institution applies the legislation of its country.
At the request of the requesting institution, it can apply and
procedural norms of the requesting Contracting Party if
only they do not contradict the legislation of the requested
Contracting Party.
2. If the requested institution does not competently execute
instruction, it forwards its competent institution and
notifies the requesting an institution about it.
3. At the request of the requesting agencies requested
the institution promptly reports to him and stakeholders about
time and place of execution of the assignment so that they can
attend in the execution of the order in accordance with
the legislation of the requested Contracting Party.
4. In the event that the exact address of the person specified in the assignment
unknown, the requested institution accepts in accordance with
legislation of the Contracting Party in which
it is required to establish the address.
5. After completing the instructions, the requested institution
returns documents to the requesting agency; in case if
legal assistance could not be rendered, it notifies simultaneously
about the circumstances that impede the execution of the assignment and
returns the documents to the requesting agency.
Article 9. Export of witnesses, victims, civilian respondents, their representatives, experts
1. Witness, victim, civil plaintiff, civil
the defendant and their representative, as well as an expert who is on call,
awarded agencies of the requested Contracting Party,
will be in the establishment of justice requesting Contracting
Parties can not be, regardless of their citizenship,
attracted in its territory to criminal or administrative
responsibility, taken into custody and be punished for acts,
perfect before the preventing of its state border. Such faces
cannot be also brought to responsibility, taken into custody
or punished due to their testimony
or conclusions as experts in connection with the criminal case,
what is the subject of proceedings.
2. The persons specified in paragraph 1 of this article loss
the guarantee provided for by this point if they do not leave
the territory of the requesting Contracting Party, although they have
to do this, before the expiration of 15 days from the day when
interrogating his institution of justice will inform them that in the future
there is no need for their presence. This period is not counted
the time during which these persons did not have in their fault could
leave the territory of the requesting Contracting Party.
representative of the requesting Contracting Party reimburs
the costs associated with passing and staying in the requester
the state, as well as the unsolicited salary for the days of distraction
from work; The expert also has the right to remuneration for
examination. The call should be indicated what payments
has the right to receive caused faces; According to their petition, the institution
justice of the requesting Contracting Party pays an advance
on covering appropriate expenses.
4. Calling the persons specified in paragraph 1 of this article,
living in the territory of one Contracting Party, in
the establishment of the Justice of another Contracting Party should not
Note
Article 10. Instructions on the presentation of documents
1. The requested justice institution provides awarded
documents in accordance with the procedure acting in his
state if the presented documents are written in its language or
russian is either provided with translation into these languages. Otherwise
case it transmits documents to the recipient if he agrees
voluntarily accept them.
2. If the documents cannot be presented to the address specified
on behalf of the requested institution of justice on its initiative
takes the measures necessary to establish the address. If a
establishing the address requested by the establishment of justice will be
impossible, it notifies the requesting an institution and
reimburse him documents to be handed.
Article 11. Confirmation of the submission of documents
The presentation of documents is certified by confirmation,
civil status acts directly through organs
registration of acts of civil status of Contracting Parties with
notification of citizens about sending documents.
2. Contracting Parties undertake to forward each other
at the request without translation and free issues about education,
work experience and other documents relating to personal or
property and interests of citizens requested
Contracting Party and other persons living on her
territory.
Note
Article 15. Information on legal issues
Central agencies of the Justice of Contracting Parties on
requested provide each other information about the current or
in force on their territory internal legislation and
practice of its application by the agencies of justice.
Article 16. Establishing addresses and other data
1. Contracting Parties at the request provide each other in
accordance with its legislation assistance in establishing
addresses of persons living in their territories, if required for
the realization of their citizens. At the same time requesting
Contracting Party informs the data available for it for
definitions of the address of the person specified in the request.
2. Justice agencies of the Contracting Parties have a friend
friend help in establishing a place of work and revenues
the territory of the requested Contracting Party of persons to which
justice agencies of the requesting Contracting Party
provides property requirements for civil, family and
criminal cases.
Article 17. Language
In relation to each other when implementing this Conventionjustice institutions of the Contracting Parties use
state languages \u200b\u200bof Contracting Parties or Russian
tongue. In case of execution of documents in state languages
Contracting Parties to them are accompanied by certified translations
russian language.
Note
Article 18. The costs associated with legal assistance
The requested Contracting Party will not require
reimbursement of legal assistance expenditures. Contracting
The parties themselves carry all the costs that have arisen when providing legal
assistance in their territories.
Article 19. Refusal to provide legal assistance
At the request of legal assistance can be denied
fully or partly, if the provision of such assistance can apply
damage to sovereignty or security or contradicts
the legislation of the requested Contracting Party. When
refusal at the request for legal assistance requesting
Contracting Party immediately notified of the reasons