1. The procedure for issuing requests for international legal assistance in accordance with Art. 7 of the Convention on Legal Assistance and legal relationship According to civil, family and criminal cases of 1993
Requests for legal assistance are made in the form of an order. The most common of them is the instruction on the presentation of the document (Appendix No. 1) and the commission on the production of individual procedural actions (Appendix No. 2)
The instruction should indicate:
- accurate name of the country, to the competent authority of which it is addressed (Azerbaijan Republic, Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Republic of Tajikistan, Turkmenistan, Republic of Uzbekistan, Ukraine);
- reference to the Convention on Legal Assistance and Legal Relations for Civil, Family and Criminal Cases 1993;
- the name of the requesting agency;
- Surname, name, patronymic of a person in respect of which procedural actions, as well as its exact address;
- In criminal cases, also a description and qualification of the perfect act and data on the amount of damage, if it was caused by the act.
The instruction is signed by the judge and bonded by the head of the court.
Request for legal assistance must be sent through the departments of the laws of subjects Russian Federation Management of the Ministry of Justice of Russia by Volga federal District.
In case the production of individual procedural actions, it is necessary to produce in relation to several persons, it is advisable to direct the same sets of documents.
It is not recommended to direct the definition of the judicial order abroad. It has no legal force On the territory of a foreign state.
The questions asked by a citizen living in the territory of a foreign state in respect of which procedural actions should be listed on the work of the production of individual procedural actions.
The instructions and documents attached to it should be neatly decorated, without corrections, blots and fastened with the stamp of the court.
The statement of claim for a presentation must be signed by the applicant. In the case of a copy of the specified document, it must be properly certified.
To call a side of the case, it is necessary to send a notice of the day of consideration of the case (Appendix No. 3). According to the current international practice, documents must be awarded no later than 30 days before the day. judicial trial, the date of which is recommended to assign at least 6 months from the date of sending the order. It will be advisable to indicate 1-2 backup dates, with an interval of 1-1.5 months.
Notice is signed by the judge and bonded by the head of the court.
It is unacceptable to use the races forms containing information on sanctions for non-appearance in court.
On behalf of the delivery, you must specify all the documents you need to hand, including the notice. It is also recommended to apply 2 filled blank "Confirmation of the document" (1.2 and 3 lines, 2nd column) (Appendix No. 4).
2. The procedure for the design and direction of petitions on the recognition and permission to enforce the decisions of Russian courts in accordance with Art. 53 of the 1993 Convention
In accordance with the 1993 Convention, the Contracting Parties recognize and execute judicial decisions on civil Affairs And sentences in the part of a civil law.
Based on Article 53 of the 1993 Convention, the plaintiff sends a petition (Appendix No. 5) on the permission of the enforcement of the decision of the Russian Court to the competent court of the Contracting Party, where the decision is subject to execution. The petition must be sent through the regions of the legislation of the constituent entities of the Russian Federation and federal register Management of the Ministry of Justice of Russia at the Volga Federal District. The petition should indicate: the name of the competent authority of the foreign state; Surname, name, patronymic of the recoverer and his place of residence, surname, name, patronymic of the debtor and his place of residence; Request awareness of the permission to enforce the decision; the current account for which you need to list the loose amounts; Other information, including phone numbers, faxes, email addresses, if necessary for the right and timely consideration of the case may be indicated in the petition. The petition must be signed by the applicant.
The petition is attached:
- solution or certified copy;
- the official document that the decision has entered into force and is subject to execution or that it is subject to execution before entering into legal force, if it does not follow from the decision itself (Appendix No. 6);
- the document from which it follows that the party against which the decision was made that did not participate in the process, was properly due to the court, and in the case of its procedural incapacity, was properly presented (Appendix No. 7);
- a document confirming partial execution of the decision at the time of its transfer (Appendix No. 8).
Documents attached to the petition must be copper with the head of the court.
It is advisable to reduce the deadline for consideration of the petition, except for the specified documents, apply the completed form "Confirmation of the document" form, or its properly certified copy.
There are often cases when global judges accept statements about the issuance of a court order, despite the fact that the defendant lives outside the Russian Federation. In accordance with Articles 125 of the Civil Procedure Code of the Russian Federation, the judge refuses to accept the application if the place of residence or place of the defendant is outside the Russian Federation. In this case, the claims declared claims are in order of claims. Moreover, judicial ordersThe Russian courts have no legal force on the territory of a foreign court.
3. The procedure for issuing documents compiled in connection with the execution (non-execution) of the request for international legal assistance in accordance with Art. 8, 11, 13 of the Convention on Legal Assistance and Legal Relations for Civil, Family and Criminal Cases 1993
Russian courts perform transferred to them in the manner prescribed international treaties The Russian Federation of Instructions for Foreign Courts on the Performing Procedure Action (presentation of documents, obtaining explanations of the Parties and testimony of witnesses and others) (Article 407 of the Civil procedure Code Of the Russian Federation (hereinafter - Code of Civil Procedure of the Russian Federation)).
The order is mandatory for the court to which it is addressed and must be fulfilled within a month from the date of its receipt.
The execution of a judicial assignment is made at the court hearing under the rules established by the Code of Civil Procedure of the Russian Federation.
The court who performs the order draws up a form "Confirmation of the document's award" (Appendix No. 4) and constitutes the interrogation protocol (if interrogation was required).
It should be noted that when executing confirmation it is necessary to fill all its graphs:
1) No. or the name of the case, in accordance with which documents are awarded;
2) the name of the documents that were presented;
3) surname, name, patronymic and recipient address;
4) date and place of delivery;
5) Signature of the recipient or message about the causes of infrequentness;
6) Confirmation is signed by an official, indicating the name, position and bonded by the prohibition of the court.
It must be remembered that the specified confirmation will be proof of the appropriate challenge of the Party that did not participate in the process against which the decision was made in recognizing and resolving enforcement on the territory of the Russian Federation. It will be advisable to fill out two confirmation blanks, one of which will be sent to the Russian court with a petition.
The interrogation protocol must also be signed by the secretary court session, judge and fastened with the stamp of the court (Art. 13 of the 1993 Convention). The protocol compiled on multiple sheets must be aligned and numbered.
If the recipient does not live at the address specified on the instructions or its exact address is unknown, the court takes the necessary measures to establish it.
If you fulfill the order for any reason it was not possible, in the form "Confirmation of the Presentation of the Document" indicates the reason for infrared
The instructions and documents drawn up in connection with their execution are sent to the Legislation Department to transmit the query initiator.
4. Executive proceedings.
Forced fulfillment of the decision of a foreign court in the territory of the Russian Federation is made in accordance with russian legislation based executive Sheetissued by the Court of the Russian Federation, which made the definition of the recognition and permitting fulfillment of the decision of a foreign court in the manner prescribed by Russian legislation on enforcement proceedings.
In the course executive proceedings In the execution of solutions of Russian or foreign courts, the bailiff may arise the need to receive additional information from the competent authorities foreign states. In such cases, the bailiff can send a request for legal assistance (Appendix No. 9).
The request is recommended to indicate:
- the name of the competent authority of the requested party;
- the name of the institution that guides the request;
- the name of the International Treaty, in accordance with which legal assistance is required;
- names and surnames of the parties, their location and location, citizenship, occupation, place and date of birth;
- the content of the assignment, as well as other information necessary for its execution;
- the name of the case in which legal assistance is requested;
- The request must be signed and fastened with the stamp printing of the requesting agency.
Bailiffs Executive executive executors consider the requests of foreign competent authorities and the appeal of citizens about the progress of enforcement proceedings.
The message drawn up in connection with the consideration should be addressed to the applicant, signed by an official and bonded to the stamp.
5. The procedure for issuing and executing petitions to reconcile copies of hereditary affairs and materials on them.
1. The procedure for issuing applications for recovery of copies of hereditary affairs and materials on them.
Notaries are treated with instructions (requests) on assisting in obtaining information, documents, information and other types of legal assistance arising from the international treaties of the Russian Federation necessary to make a specific notarial action. In most cases, these are requests for copies of hereditary affairs and materials on them.
The instructions of notaries on the provision of international legal assistance are made in accordance with the requirements of international treaties (Appendix No. 10).
The order must contain the following details:
- the name of the requested institution of a foreign state,
- the name of the state notarial office or the name, the name and patronymic of the notarium, engaged in private practice (with the notarial district), from which the order is coming (request),
- information about the fact that additional information is needed or documents, surnames, the name and patronymic of the testator, the dates of his birth and death, the place of registration or the permanent stay of the testator or the name, the name and patronymic of the person in respect of which the necessary information is requested, its Place of registration or permanent stay, as well as other information necessary for the execution of such a request.
To the assignment it is recommended to apply a copy of the death certificate (certified properly).
The instruction is signed by a notary and bonded with stamp.
2. The procedure for executing petitions for recovery of copies of hereditary affairs and materials on them.
Notaries fulfill the instructions of foreign competent authorities on the provision of legal assistance in the extermination of copies of hereditary affairs and materials on them.
From the territory of foreign states, the instructions receive notary through the Office of the Ministry of Justice of the Russian Federation at the Volga Federal District. Management These requests are sent to the territorial bodies of Rosreegy, which transmit them to the execution of a specific notary.
In the case of the presence in the production of the notary of the hereditary case, its copy is properly certified. Documents drawn up on several sheets are stitched and certified by the seal of the notary in the procedure established by the legislation.
In the absence of a hereditary case, it is necessary to make a message addressed to the query initiator (the competent authority of the foreign state). The message must be signed by a notary, and is bonded with stamp.
Documents drawn up in connection with the execution of the assignment are sent to the territorial register of the Rosregnistracy for further transfer to the management of the Ministry of Justice of Russia at the Volga Federal District.
6. The procedure for issuing citizens' appeals.
Documents from the territory of foreign countries will be approved on the basis of the statement of an interested party. The application must specify the following:
- surname, name and patronymic of the applicant;
- the name and details of the identity document (series, the number, by whom and when issued);
- the attitude to the person to which the document is converted (kinship, property, etc.);
- the place of residence of the applicant (full postal address);
- the name of the document that is subject to extermination;
- surname, first name and patronymic of a person who will account for a document, information about changing the name; date (number, month, year);
- Place of Birth ( locality, district, region, edge, republic, state) Persons on whom the document will be applied;
- the name of the organization from which the document will be approved;
- the period for which the document needs to be requested;
- information on what the document is being converted;
- other information that are useful for documenting can be listed.
The application must be written clear, intersective handwriting.
A citizen in his written appeal puts personal signature and date.
7. The procedure for issuing and sending requests for international legal assistance in accordance with the Convention on the Awards abroad of judicial and extrajudicial documents on civil or commercial deeds of 1965
The Convention on the Offer of Judicial and Extra Guidelines for Civil or Trade Affairs of November 15, 1965 is applied in civil or trading cases in all cases in which a judicial or extrajudicial document must be sent to transfer or a presentation abroad.
Her main task is to organize a simplified procedure for providing international legal assistance.
Contracting States appoint their central bodies, whose competence includes the obligation to receive requests, as well as their consideration, as notifying other participants in the Convention through the application.
In the Russian Federation, the Central Authority is the Ministry of Justice (Decree of the President of the Russian Federation Vladimir Putin dated August 24, 2004 No. 1101), whereas, for example, in the Federal Republic of Germany, such bodies have every federal land.
Therefore, when preparing orders, it is necessary to pay special attention not only to compliance with the requirements of the Convention, but also statements of countries where they should be addressed.
In contrast to the Minsk Convention, the direction of documents for the execution by Russian competent authorities is carried out directly into the central body of a foreign state, bypassing the Ministry of Justice and the Ministry of Foreign Affairs of Russia.
It is important to note that the exact following the samples applied to the Convention, when making requests, evidence and blanks "The main content of documents" is required. (Applications number ,,).
Some states (for example, the Netherlands) refuse to execute orders, decorated even with minor deviations from these forms.
Standard conditions of the above documents should be prepared simultaneously in Russian, English and French, and their respective graphs are in the language of the requested state (i.e., the country where the request is sent) or in English or French.
The request and to be given documents should be directed in two copies. It should be noted that the requested state has the right to demand the transfer of documents to be submitted to the official language of this state.
According to the provisions of the Convention, the consideration of orders is based on the principle of the free execution. All expenses are imposed entirely and fully on the requested state. The exceptions are the costs associated with:
- the participation of a judicial officer or person, authorized under the legislation of the requested state;
- applying a special order of delivery.
About any facts of filing financial institutions in connection with the execution of orders of Russian courts under the 1965 Convention, it is necessary to immediately inform the Russian Foreign Ministry.
If the judicial agenda or the equivalent document was subject to the direction abroad for the purpose of awarding and the defendant did not appear in the court, the court postponed the decision until it was established that the document was awarded the defendant in a timely manner and he could prepare for his protection. The presentation of documents is confirmed by the certificate (the reverse side of the query). But even if the testimony was not received russian courts There may be a decision on the case provided that from the date of the direction of the document expired the period of time that the judge determines as sufficient in relation to each specific case and which cannot be less than six months.
When submitting such decisions, the court is limited by the legislation of the Russian Federation and is guided by it.
Upon receipt of orders of foreign courts and other competent authorities, the Russian courts produce a presentation of documents in accordance with the legislation of the Russian Federation (or, at the applicant's petition, special orderif such an order is not incompatible with Russian legislation - i.e. Does not undermine the basics constitutional system Of the Russian Federation does not violate the rights and freedoms of a person and a citizen, in otherwise not contrary to public order).
According to the statement of the Russian Federation, the documents to be awarded in Russia in accordance with its legislation must be accompanied by the translation into Russian.
In cases where the documents are compiled in a foreign language and are not equipped with a translation, they are awarded to the recipient if it sufficiently owns the language on which the documents payable to be awarded and agree to voluntarily accept them.
The Russian courts, the acting instructions of foreign competent authorities assign the duty to draw up confirmation of the presentation of documents in the form of a certificate according to the attached sample (or the sample attached to the Convention itself). If the documents could not be awarded, it is necessary to specify the causes of the inference.
The evidence is drawn up in two copies, which, together with the second instance of the documents to be awarded, return the requesting party.
8. The procedure for issuing and sending requests for international legal assistance in accordance with the Convention on obtaining evidence of civil or trade cases of 1970 abroad
In accordance with the Convention on obtaining proofs of Civil or Trade Affairs 1970 abroad (hereinafter - the 1970 Convention), the court of one Contracting Party may apply to the competent authority of another Contracting Party through judicial assignment on obtaining evidence of civil or trade issues or execution other procedural action.
The order cannot be used to obtain evidence that is not intended for the starting or planned trial.
The expression "other procedural action" does not cover the delivery of judicial documents or the initiation of the judicial procedure in order to execute or enforce the execution of court decisions or orders or edition orders for the adoption of temporary or safety measures.
The judicial order must contain the following details:
- the name of the requested competent authority;
- the name and address of the parties in judicial process and their representatives, if any;
- the creature and the subject of the trial, for which the proof is exterminated, with the presentation of the information necessary for the execution of the order;
- Proof that is required to obtain or other procedural action that must be executed.
In appropriate cases, the order should also contain:
- surnames and addresses of those who need to interrogate;
- Questions that need to be interrogated persons or circumstances that they must be interrogated;
- documents or other property, immovable or personal to be inspected;
- Requirement testimony under oath or confirming and on the use of a special form;
- A special order or procedure, the application of which is required.
The information is that the person in respect of which is planned to produce procedural actions in accordance with the legislation of the requesting party may refuse to testify to the extent that it has privileges or official debt.
The judicial order is drawn up in the language of the requested authority or is accompanied by the translation into this language.
However, the Contracting State should take a judicial order, compiled in English or French or accompanied by transfer to one of these languages, if there is no reservation on this matter.
The execution of the judicial order can be denied only if:
a) the execution of the assignment in the requested state is not competence judicial authority;
b) The order may damage its sovereignty and security.
The 1970 Convention replaces in relations between its participants, which are also parties to one or both of the conventions on civil process, signed in the Hague on July 17, 1905 and March 1, 1954, Articles 8 - 16.
9. The procedure for registration and sending requests for international legal assistance in accordance with the Civil Procedure Convention 1954
Presentation of judicial and extrajudicial documents.
In accordance with the 1954 Civil Process Convention (hereinafter - the 1954 Convention), the competent authority of the One Contracting Party may apply to the competent authority of another Contracting Party with the instruction on the presentation of judicial documents and the production of individual procedural actions.
According to Article 22 of the 1965 Convention, it replaces the 1954 Convention, in terms of the presentation (Articles 1 - 7).
The instruction on the presentation of documents is issued in the language of the requested party.
The instructions are attached to the documents to be delivered in two copies. The accuracy of the translation must be certified by a diplomatic or consular representative of the requesting state or the jury of the requested state.
If the document to be rendered is drawn up in the language of the requested party, or in the language that an agreement has been reached between two interested states, or if its translation is attached to one of the above languages, the requested party presents the document in the manner prescribed by its internal legislation , or in a special order, if it does not contradict this legislation. In cases where the documents are drawn up not in the language of the requested Contracting Party and are not equipped with a translation, they are awarded to the recipient if he agrees to voluntarily accept them.
Document delivery is certified by acknowledgment (in the form of a receipt or certificate) indicating the date and method of presenting. Critting or evidence is issued on one of the copies of the document or in the form of an application.
In the presentation of the judicial document, it can be denied only if the state in the territory of which is awarded, it finds that it may damage its sovereignty or security.
Order on the production of individual procedural actions.
According to Article 29 of the 1970 Convention, it replaces the 1954 Convention, in terms of the production of individual procedural actions (Articles 8 - 16).
In accordance with the 1954 Convention, the judicial authorities of one of the Contracting States may apply for civil or trade cases to the competent authorities of another Contracting State with a judicial order on production within its competence of the interrogation or other procedural action.
The judicial order is drawn up in the language of the requested party, or in the language that the agreement has been reached between the two interested states, or the translation must be attached to one of these languages, witnessed by the diplomatic or consular representative of the requesting state or the jury of the requested state.
The judiciary, to which the judicial order is drawn, is obliged to execute it, using the same means of coercion, which are allowed in the execution of instructions of the authorities of the requested state or petitions of stakeholders. Adoption of coercion measures is not mandatory in cases where it comes to the appearance of the parties to the court.
The execution of the judicial order can be denied only in the case of:
1) if the authenticity of the document is not established;
2) if in the requested state, the execution of a judicial assignment is not included in the terms of judicial authority;
3) if the state, on the territory of which the execution should take place, finds that it may damage its sovereignty or security.
In all cases, when the judicial order is not fulfilled, the requested authority immediately informs the requesting authority indicating the causes of non-fulfillment.
The judiciary executing a judiciary applies the legislation of its country. However, if the competent authority of the requesting parties asks for the observance of a special form, such a request is satisfied under the condition that the specified form does not contradict the legislation of the requested state.
10. The specificity of the design and directions of requests for international legal assistance in accordance with bilateral agreements concluded between the Russian Federation and foreign countries.
The Russian Federation is a party to more than 50 bilateral treaties, providing for the mutual provision of legal assistance in civil, family, criminal and other cases.
Contracts involving legal assistance in civil affairs to the Russian Federation are concluded with the Austrian Republic; People's Republic of Albania; Algerian People's Democratic Republic; Argentine Republic; People's Republic of Bulgaria; Hungarian People's Republic; Socialist Republic of Vietnam; Greek Republic; Arab Republic of Egypt; Republic of India; Iraqi Republic; Kingdom of Spain; Islamic Republic of Iran; Italian Republic; People's Democratic Republic of Yemen; Republic of Cyprus; People's Republic of China; Korean People's Democratic Republic; Republic of Cuba; The Republic of Latvia; Lithuanian republic; Mongolian People's Republic; Republic of Poland; Romanian People's Republic; Tunisia Republic; Finland Republic; Czechoslovak Republic, the successors of which are the Czech and Slovak Republic; Estonian Republic; The Federal People's Republic of Yugoslavia, the legal successor of which are Serbia, Montenegro, Croatia, Slovenia, Macedonia, Bosnia and Herzegovina.
The most frequently used in work from bilateral treaties is:
- Agreement between the Union of Soviet Socialist Republics of the People's Republic of Bulgaria on legal assistance in civil, family and criminal cases of February 19, 1975 (hereinafter referred to as the agreement of 1975).
- Agreement between the Union of Soviet Socialist Republics and the Hungarian People's Republic on the provision of legal assistance in civil, family and criminal cases of July 15, 1958 (hereinafter referred to as the agreement of 1958).
- bilateral contracts with the countries of the Baltic States (agreement between the Russian Federation and the Republic of Latvia on legal assistance and legal relations on civil, family and criminal cases of February 3, 1993, the treaty between the Russian Federation and the Republic of Lithuania on legal assistance and legal relations in civil, Family and criminal cases of July 21, 1992, a treaty between the Russian Federation and the Republic of Estonia on legal assistance and legal relations on civil, family and criminal cases of January 26, 1993).
1) agreement of 1975
Contracting Parties, in accordance with this Treaty, provide each other with legal assistance by carrying out orders for the production of individual procedural actions, in particular, the presentation of documents, searches, seizures and transmitting material evidence, examination, interrogation of accused, witnesses, experts, parties to the parties and Other persons, judicial inspection, as well as by executing decisions, issuing persons who committed crimes, etc.
The instruction on the provision of legal assistance should have the following details:
- the name of the requesting agencies of justice;
- the name of the requested institution;
- the names and surnames of the parties, accused, defendants and convicts, as well as persons in respect of which are committed notarial action, their citizenship, occupation and permanent residence or location;
- names, surnames and addresses of their representatives;
- The content of the assignment, and in criminal cases also a description of the actual circumstances of the crime committed and its legal qualifications.
The assistance instruction should have a signature and printing.
According to the current practice, the competent authorities of the Republic of Bulgaria are sent to the Russian Federation of instructions on legal assistance with the transfer of documents into Russian, and the Russian side on the principle of international reciprocity comes in the same way.
In the execution of orders for legal assistance, the requested institution applies the legislation of its state.
If the order cannot be executed according to the address specified in it, the requested institution accepts the necessary measures to establish the address in accordance with its legislation. In the future, documents are returned to the requesting agencies with a message about the circumstances that impede execution.
The requested institution of justice provides a presentation in accordance with the rules operating in his state if the presented documents are written in its language or are provided with a certified translation. Otherwise, it transmits the documents to the recipient if he agrees to voluntarily accept them.
Confirmation of the submission of documents is issued in accordance with the rules for the presentation of documents operating in 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.
Contracting Parties are mutually recognized and executed on the territory of another Contracting Party and entered into legal force:
- solutions to institutions of Justice on civil and family deeds property Character;
- Sentences in terms of compensation for damage caused by a crime.
The petition for permission to execute the decision is submitted to the court, which made a decision on the case in the first instance. This court transfers the petition to the court competent to make a decision on the application.
- certified by the court a copy of the decision, a certificate that the decision entered into force and is subject to execution if it does not follow the decision of the decision itself;
- certified translations of the above documents, as well as transfer of petition.
If the court has doubts about the decision to resolve the execution, it can request a person who aroused the application for the execution of the decision, explanation, and also poll the debtor on the merits of the petition and, if necessary, to request clarifications from the court that made the decision.
2) agreement of 1958
Legal assistance in accordance with this Treaty turns out to be through the execution of individual procedural actions, in particular through the conduct of searches, recesses and the imposition of arrest on property, forwarding and issuing material evidence, interrogation of accused, witnesses and experts, survey of parties and other persons, judicial inspection, execution instructions about the presentation of documents, directions of materials, drawing up and directions of documents.
The legal assistance assignment must contain the following data:
- the name of the body from which the order comes;
- the name of the authority to which the order is drawn;
- the name of the case according to which the legal assistance is applied;
- the names and surnames of the parties, accused, defendants or convicts, their permanent residence or location, citizenship, occupation, and in criminal cases, if possible, also the place and date of birth of the accused and parent names;
- The content of the instructions and the necessary information on the merits of the order, and in criminal cases and the description of the composition of the crime.
The instruction must be signed and bonded by the stamp of the requesting agency.
The order is drawn up in the language of the requesting Contracting Party.
In the execution of an instruction on the provision of legal assistance to the body to which the commission is addressed is to apply the legislation of its state.
After completing the order, the body to which the order is drawn, returns the documents from which the order comes, or notifies it about the obstacles.
The authority to which the order is drawn provides a presentation in accordance with the legislation in force in relation to the presentation of documents in its state if the presented documents are written in the language of the Contracting Party to which the order was received, or are provided with a certified translation. Otherwise, the requested authority transmits the documents to the addressee if he agrees to voluntarily accept them.
Confirmation of the presentation of documents is issued in accordance with the rules for the presentation of documents operating in the state to which the order is drawn. In confirmation of the presentation, the date and place of delivery should be indicated. According to the established practice, the Hungarian side is directed, which is a confirmation of the delivery (reverse case).
Decisions of civilian and family-friendly business courts that have entered into legal force are recognized and executed on the territory of another Contracting Party.
This provision also applies to the decisions of court cases that have entered into legal force on crime damages.
An application for execution is concluded in court, who considered this case in the first instance, which forwards its competent authority of the Contracting Party.
To the petition for the permission of forced execution, it is necessary to attach:
- the full text of the decision, the official decision on the entry into force on legal force, if it does not follow from the decision itself;
- the document from which it follows that the defendant who did not participate in the process, or its authorized, was in a timely manner and in the appropriate form at least once awarded a notice of call to court;
- certified translation of the above documents.
When issuing permission to forced execution The court in the necessary cases can cause a person who aroused a petition, to require him an explanation or to oblige him to eliminate the defects of the petition. It can also interview the debtor on the merits of the petition and requested the explanation from the court who made the decision.
3) bilateral agreements with the Baltic countries
The volume of legal assistance according to these treaties is provided: interrogation of parties, victims, accused and defendants, witnesses, experts, examinations, inspection, transmission of material evidence, the initiation of criminal prosecution and issuing persons who have committed crimes, recognition and execution of court decisions on civil cases, presentation and sending documents, providing at the request of the other party information about the conviction of the accused.
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) the names and surnames of the parties and other persons in respect of which the order is sent, their citizenship, occupation and constant residence or location, and for legal entities - name and location;
5) surnames and addresses of their authorized;
6) The content of the assignment, and in criminal cases also a description of the actual circumstances of the crime and its legal qualifications.
Requests and instructions for legal assistance are drawn up in the language of the requesting party.
Documents sent by Justice institutions and other institutions in providing legal assistance should be signed by a competent person and are certified by printing.
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.
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 notifies about the circumstances that prevent its execution.
The requested institution provides a presentation of documents in accordance with the rules operating in his 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.
At the request of the delivery, the exact address of the recipient and the name of the given document should be indicated. If the address specified in the request of the presentation turned out to be incomplete or inaccurate, the requested institution in accordance with the legislation of its state takes measures to establish an accurate address.
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.
Contracting Parties mutually recognize and fulfill the decision of justice to civil and family matters that have entered into force, as well as sentences in terms of compensation for damage caused by a crime.
The provisions of the contracts of O. court decisions Applications apply to world agreements approved by the court
The petition for permission to execute is submitted to the court, which made a decision on the case in the first instance. The petition filed to the court, which made a decision in the case in the first instance, is transmitted to the court, competent to make a decision on the petition.
The petition is made by a certified translation into the language of the Contracting Party to which the petition is drawn.
To the petition for permission to execute, it is necessary to attach:
- certified by the court a copy of the decision, a formal document on the decisions into legal force, if it does not follow the decision of the decision itself, as well as a certificate of its execution;
- the document from which it follows that the defendant who did not participate in the process was timely and in the appropriate form at least once awarded a notice of call to court;
- certified translations specified above documents
If the court at the issuance of permission to fulfill an ambiguity to be issued, he may request an application for the execution of the decision, explanation, as well as to interrogate the debtor on the merits of the petition and, if necessary, to ask for clarification from the court that made the decision.
11. Notification of incoring convictions in relation to legal force foreign citizensconvicted by Russian courts.
The Russian Federation in accordance with international treaties is entrusted with the obligation to inform foreign states on the harmony prosecutors against their citizens.
In accordance with Art. 79 The Convention on Legal Assistance and Legal Relations for Civil, Family and Criminal Cases of 1993. Each of the Contracting Parties should annually report to other Contracting Parties to information about the accusatory sentences made by its courts in relation to citizens of the corresponding Contracting Party, while simultaneously transferring existing Fingerprints of fingers convicts.
In accordance with bilateral treaties, the Russian Federation is obliged to annually inform Contracting Parties to information about the accusatory sentences issued in relation to citizens of another Contracting Party. Participants of such contracts are the Hungarian Republic, Socialist Republic of Vietnam, Greek Republic, Islamic Republic of Iran, Republic of Cyprus, Republic of Cuba, Latvian Republic, Lithuanian Republic, Mongolian People's Republic, Republic of Poland, Czechoslovak Socialist Republic (Czech Republic, Slovak Republic), Estonian Republic , Federal People's Republic of Yugoslavia (Serbia, Montenegro, Croatia, Slovenia, Macedonia, Bosnia and Herzegovina).
Art. 23 of the Agreement between the Union of Soviet Socialist Republics and the Tunisian Republic on legal assistance in civil and criminal cases of June 26, 1984 provides for a notification of the verdict made by the courts of one Contracting Party to the citizens of another Contracting Party, namely: reports Data on the convicted person, the court, which made a sentence, the date of his decision, about the nature of the crime and the sentence defined by the court. At the request of one of the Contracting Parties, the fingerprints of the convict are also sent.
The Russian Federation and the Republic of Bulgaria inform each other at the request of information on the harmonious sentences made by the courts of one Contracting Party against the citizens of another Contracting Party. Contracting Parties at the request transfer to each other, if possible, and fingerprints of the convict (agreement between the Union of Soviet Socialist Republics and the People's Republic of Bulgaria on legal assistance in civil, family and criminal cases of 1975)
Based on reciprocity, the Russian Federation and the People's Republic of China transmit to each other copies of the sentences made by their courts against the citizens of another Contracting Party. (Agreement between the Russian Federation and the People's Republic of China on Legal Assistance in Civil and Criminal Cases 1992)
In accordance with Art. 73 Agreement between the Union of Soviet Socialist Republics and the Romanian People's Republic on the provision of legal assistance in civil, family and criminal cases of 1958. Each Contracting Party at the request of another Contracting Party reports information on the courtesy of sentences made by the courts of one Contracting Party for citizens Another Contracting Party, while simultaneously taking measures to send existing fingerprints of the convicts.
In accordance with Art. 27 of the contract between the Union of Soviet Socialist Republics and the Finnish Republic legal protection and legal assistance in civil, family and criminal cases of 1978. Contracting parties provide each other at the request of the evaluated convictions made by the courts of the requested Contracting Party in relation to persons who are involved in criminal responsibility On the territory of the requesting Contracting Party.
In the conditions of objective need to maintain and develop economic, legal and other relations between states and their subjects and effective regulation of the relationship arising from this, an integral part of the world community became the principle of interaction and cooperation of states. The concept of international legal assistance is closely related to such a phenomenon as cooperation or "communication" of states among themselves, although not limited to this. In accordance with the Constitution of the Russian Federation, generally accepted principles and norms international law and international treaties of the Russian Federation are an integral part legal system Russian Federation. According to paragraph 4 of Art. 15 of the Constitution of the Russian Federation, if other rules have been established by the international treaty of the Russian Federation than those provided for by the legislation of the Russian Federation, the rules of the International Treaty applies.
An international treaty is an agreement of two or several states and (or0 international organizations, providing for the establishment, change or termination of mutual commitments of participants in economic and other relations.
Multilateral treaties with the participation of the Russian Federation include the Convention on Civil Procedure from 01 03 1954; Convention on recognition and enforcement of foreign arbitration decisions of 10 06 1958; Convention on the presentation abroad of judicial and extrajudicial documents on civil or trading cases of 15 11,1965; Agreement on the procedure for resolving disputes related to implementation economic activity from 20 03 1992; Convention on Legal Assistance and Legal Relations for Civil, Family and Criminal Affairs of 22 01 1993
In addition, the Russian Federation is a party to approximately 40 bilateral legal treaties providing for the mutual provision of legal assistance in civil, family and criminal cases. Many of these treaties were originally signed and ratified during the existence of the USSR, but continue their operation on the territory of the Russian Federation by virtue of succession. Legal assistance is subject to the Ministry of Justice and its territorial bodies, the Ministry of Foreign Affairs.
Thus, the territorial bodies of the Ministry of Justice of Russia are endowed with the authority of direct relationship with the relevant agencies of the Justice of foreign countries (CIS countries), as well as by supporting requesting requests and orders of officials of foreign states, including the official of the Russian Federation. In other cases, the direction and acceptance of requests for international legal assistance can be carried out both through the General Directorate of the Ministry of Justice of Russia and directly through the Ministry of Justice of the Russian Federation.
territorial bodies of the Ministry of Justice of the Russian Federation, including the management of the Ministry of Justice of Russia Ryazan region, (hereinafter referred to as management), in accordance with the treaties and legislation of the Russian Federation, have physical and legal entities Assistance in cooperation with the competent authorities of foreign states and the Russian Federation.
In particular, these may be the following orders:
- petitions for recovery of copies of hereditary affairs and materials on them both from the CIS countries and the Baltic countries and the Russian Federation;
- about sending documents, including applications for obtaining documents on education, labor activity, work experience and other documents related to personal or property rights and the interests of citizens of the requested state;
- on the establishment of addresses of persons living in the territory of a foreign state and the Russian Federation;
- on the adoption of measures necessary for the adoption of an inheritance located on the territory of the requested state, or to manage this inheritance;
- judicial assignments about the presentation of the claim, notice of the bottom of the hearing of the case, etc.;
- petitions for the recovery of documents about state registration Acts civil status.
In cases provided for by international legal treaties, petition., Order, request and accompanying documents need to be translated into the official language of the requested state or another language specified in the International Agreement. At the same time, the Justice of the Contracting Parties, which signed the Convention on Legal Assistance and Legal Relations for Civil, Family and Criminal Affairs of 22 01 1993, enjoyed by the state language of Contracting Parties or Russian.
the instruction addressed to the competent person must have specific instructions for committing a certain action, signed by an official and bonded with stamp. On behalf of the document in addition mandatory requisites The exact address of the recipient and the name of the given document should also be indicated.
This order is sent to the Office for sending to the competent authority, or a foreign state or the official of the Russian Federation.
If the documents cannot be awarded to the address specified on the instructions, the requested Justice institution on its initiative takes the measures necessary to establish the address. If the address is established requested by the establishment of justice will be impossible, it notifies the requesting an institution about this and returns to it to be awarded.
After completing the order, the requested institution returns documents to the requesting agency, and in the event that legal assistance could not be rendered, simultaneously notifies it about the circumstances that prevent the execution of the order.
In practice, international legal assistance, there are often issues in obtaining repeated certificates of state registration of acts of civil status and copies of recording acts of civil status from the CIS countries and the Baltic States and the Russian Federation.
In this case, the execution of international treaties on the provision of international legal assistance is carried out through the registry authorities, the main departments of the Ministry of Justice of the Russian Federation on Federal Districts, the Ministry of Justice of Russia and the Ministry of Foreign Affairs of Russia and foreign countries.
A note of the Ministry of Foreign Affairs of the Russian Federation No. 1863/3 of the Russian Federation No. 1863 / 1DG was notified by the Executive Committee of the Commonwealth of Independent States that the bodies of records of acts of the civil status of the Russian Federation, including the Ryazan Region, are authorized to implement direct relations with the Republic of Belarus, the Republic of Kazakhstan, Kyrgyz Republic, Ukraine, Republic of Tajikistan, Republic of Moldova, Republic of Georgia, Republic of Abkhazia.
Through the General Directorate of the Ministry of Justice of Russia in Moscow, relations are carried out with the Republic of Azerbaijan, the Republic of Uzbekistan, Turkmenistan, Republic of South Ossetia.
The creation of documents from the territory of the Republic of Armenia is carried out through the Ministry of Justice of the Republic of Armenia and the Russian Federation.
Due to the lack of an international treaty, international legal assistance to citizens of Transnistria is not provided.
Requests for international legal assistance from the territory of a foreign state are executed (discussed) within a period not exceeding the month from the date of receipt.
the territorial bodies of the Ministry of Justice of the Russian Federation provide international legal assistance to the judiciary. In the course litigation The courts of the Russian Federation may have the need to receive additional information from the competent sources of foreign states, awarding the notice of the time of the court session and claims Both. In such cases, the court sends a request for legal assistance to the territorial body of the Ministry of Justice of Russia at the place of its location. In this case, an assignment addressed to the competent authority with an indication of the commission of a specific action, signed by the judge and certified by the emblem with the image of the coat of arms of the Russian Federation in 2 copies, 2 copies of the notice of the court session, signed by the judge and certified by the print and other documents.
The duration of the response to the request may exceed 6 months (for example, a court session on the recovery of alimony), therefore documents should be sent in advance.
As part of the provision of legal assistance in 2009, 32 legal document, including those received from the CIS countries (10) and the Russian Federation on notaries, judges, citizens of the Ryazan region (22).
Analysis of received orders shows that when making instructions of a common mistake is the incorrect name of the state, the part of the contract.
international legal assistance in the Ryazan region is provided by the Office of the Ministry of Justice of the Russian Federation in the Ryazan Region, the Department for Control and Supervision in the Sphere of Advocate, notaries, state registration of civil status acts at the address: Ryazan, ul. Liebknecht, d. 18, tel: (4912) 97 - 51 - 13, 97 - 51 - 04.
information on the provision of international legal assistance can be obtained from the information materials of the official website of the Justice Management site in the section "Departments of the Office" - "Department of Control and Supervision in the Sector of Advocate, notaries, state registration of acts of civil status".
O.A. Carcina Head of Department for Control and Supervision
in the field of advocacy, notarism, state
registration of acts of civilian management
Ministry of Justice of Russia in the Ryazan region
according to the materials "Bulletin of Ryazan Justice"
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General provisions
Department of International Legal Assistance of the Main Directorate of the Ministry of Justice of the Russian Federation Rostov region (hereinafter referred to as the department) is a structural division of the Main Directorate of the Ministry of Justice of the Russian Federation in the Rostov Region (hereinafter - the General Directorate). In its activities, the department is guided by federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, the international treaties of the Russian Federation, the regulatory ministries of Russia, as well as this Regulation. The main tasks of the department are: Ensuring within the authority of the department of the implementation of the Ministry of Justice of Russia public Policy in the field of activity relating to the competence of the department; Coordination B. installed manner activities of the Ministry of Justice of the Ministry of Justice of Russia, territorial organs subordinate to him federal Services and institutions of the Ministry of Justice of Russia, operating within the Southern Federal District, within the authority of the department; Providing within the authority of the department for the realization of the rights and execution of obligations arising from the international treaties of the Russian Federation on legal assistance and legal relations on civil, family, criminal cases; Providing within the authority of the department for the protection of human rights and freedoms and citizen. The structure and staff number of the department are determined by the structure and regular schedule of the Main Department approved by the Ministry of Justice of Russia. The structure and staffing schedule of the department are formed at the suggestion of the department of the department in accordance with the functions of the unit, the volume, regular schedule of the Main Department and are approved in the prescribed manner. The department is equipped with federal state civil servants (hereinafter - civil servants). The department operates both independently and in cooperation with other structural divisions of the General Directorate, the Office of the Plenipotentiary Representative of the President of the Russian Federation in the Southern Federal District, the Prosecutor's Office, judicial bodies, territorial bodies federal organs executive power, Organs state power Subjects of the Russian Federation and organizations.
II. Powers
8. The department carries out the following powers:
Provides within its competence, fulfillment of the Constitution of the Russian Federation, federal constitutional laws, federal laws, legal acts of the President and the Government of the Russian Federation, as well as international treaties of the Russian Federation on issues related to the field of activity of the department; Provides in accordance with the established procedure, the implementation of the Ministry of Justice of Russia to coordinate the management of the Ministry of Justice of the Ministry of Justice of Russia, the territorial bodies of the federal services and institutions and institutions acting within the Southern Federal District, the laws of the Ministry of Justice of the Ministry of Justice of the Ministry of Justice of the Ministry of Justice of the Ministry of Economic Development. As part of the coordination requests in the prescribed manner from the territorial bodies of the federal executive bodies, including the Offices of the Ministry of Justice of Russia and the territorial bodies of the federal services and institutions in force within the Southern Federal District, the state authorities of the constituent entities of the Russian Federation, organs local governments, organizations, regardless of their organizational and legal form and form of ownership, officials information, reference and other information necessary for the implementation of authority; In the prescribed manner, it prepares proposals for amending the federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, other documents on issues related to the competence of the department; In the prescribed manner, it is preparing proposals for amending the regulatory legal acts of the Ministry of Justice of Russia, as well as on the adoption of regulatory legal acts on issues related to the competence of the department; Participates in the development of forms of statistical reporting and indicators for evaluating the results of work, as well as documents primary accounting on issues relating to the established field of activity of the department; carries out the preparation of statistical reports on the activities of the department and submission to it in the prescribed manner in the Ministry of Justice of Russia; informs in the prescribed manner the Ministry of Justice of Russia on all areas of activity within the competence of the department; Provides within the competence of the department, the fulfillment of the obligations of the Main Directorate, enshrined in the cooperation agreements between the General Directorate and the state authorities of the Rostov Region; participates in the preparation of proposals for the implementation of international treaties of the Russian Federation on legal assistance and legal relations on civil, family, criminal and other cases; It receives in the prescribed manner directly or through the Ministry of Justice of Russia from the competent authorities of foreign states requests for legal assistance in civil, family, criminal and other cases and fulfills them or directs to organize execution to other bodies of state power within the Southern Federal District, and also sends to The competent authorities of foreign states directly or through the Ministry of Justice of Russia, requests for legal assistance considers other appeals in accordance with international treaties and legislation of the Russian Federation; ensures verification of the quality of training and submission to the Ministry of Justice of Russia requests for legal assistance coming from the constituent entities of the Russian Federation for the subsequent direction to the competent authorities of other states in accordance with international treaties and legislation of the Russian Federation; Participates in establishing the General Directorate in coordination with the Office of the Plenipotentiary Representative of the President of the Russian Federation in the Southern Federal District of the Procedure for the interaction and the frequency of submission of information and analytical information within the competence of the department for subsequent informing the Plenipotentiary Representative of the President of the Russian Federation in the Southern Federal District; Provides informing the Plenipotentiary Representative of the President of the Russian Federation in the Southern Federal District on the activities of the General Directorate and the Office of the Ministry of Justice of Russia, operating within the Southern Federal District, in the field of international cooperation; In the prescribed manner, it ensures the informing of the Plenipotentiary Representative of the President of the Russian Federation in the Southern Federal District on the holding of meetings, conferences and other events of the district level on issues related to the competence of the department; participates in meetings held by the heads of the territorial bodies of the federal executive authorities of the district level, the prosecution authorities, as well as in the work of advisory, deliberative, coordination bodies, commissions and working groups formed by the authorities and the office of the Plenipotentiary Representative of the President of the Russian Federation in the Southern Federal District; implements in the prescribed manner, the interaction of CO and is preparing for posting on the official website of the Main Directorate of information on issues related to the competence of the department; In the prescribed manner, representatives of the Department in consideration of cases involving the Main Department in the courts general jurisdiction and; Advances the reception of citizens, ensures timely and fully consideration of the oral and written appeals with the notification of citizens about decision-making in the period established by the legislation of the Russian Federation; Participates in the prescribed manner in the inspections of the territorial bodies of the Ministry of Justice of Russia, makes proposals for such inspections within the federal district; carries out control over the activities of the Ministry of Justice of the Ministry of Justice of Russia, for this purpose, asks for their necessary materials and information; Participates in the prescribed manner in generalizing the practice of the management of the Ministry of Justice of the Ministry of Justice of Russia, contributes to the Ministry of Justice of Russia proposals to address the problematic issues arising in the activities of the Main Department and Departments, as well as proposals for improving their activities; collects, generalization, analysis and presentation of information in the Ministry of Justice of Russia in the main areas of activities of the Ministry of Justice of the Ministry of Justice of Russia; provides preparation and direction in the management of the Ministry of Justice of Russia of overview information and analytical materials in the established field of activity; Provides management of the Ministry of Justice of Russia, organizational and methodological assistance in the implementation of the powers provided for by the Regulations on the Office of the Ministry of Justice of Russia on a subject (subjects) of the Russian Federation; In the prescribed manner, examines the positive experience of the management of the Ministry of Justice of the Ministry of Justice of Russia and contributes to the Ministry of Justice of Russia proposals for its distribution (implementation); In the prescribed manner develops and submits for consideration by the Guidelines of the General Directorate, draft orders and orders of the General Directorate on issues within the competence of the department; participates in the development of plans for the main organizational activities of the General Directorate; participates in the organization of work of collegial bodies with the main management; exercises other powers defined by federal legislation legal acts Ministry of Justice of Russia as well administrative documents Main Department.
Organization of activity
The department heads the head of the department appointed and exempted from the proposed position by the head of the Main Department. The head of the department carries out the operational management of the department's activities and is personally responsible for the implementation of the tasks assigned to the department. In the absence of the head of the department, his responsibilities performs a civil servant of the department defined in the prescribed manner by the head of the department. The department is subordinate to the head of the Main Department and directly the Deputy Head of the Main Department, which oversees the work of the department. The structure of the department includes the posts of federal state, related to the category "Managers", "Specialists", "providing specialists", defined by the staffing schedule of the Main Department, approved in the prescribed manner. The department is equipped with specialists in accordance with the qualification requirements. Qualification requirements For each position reflected in official Regulations. Head of the Department to solve the tasks provided for in this provision and assigned to the General Directorate of Powers: carries out direct management of the department's activities and is personally responsible for the implementation of powers assigned to him; distributes the responsibilities between civil servants of the department, ensures compliance with the service discipline and the rules of the internal labor regulation; implements in the prescribed manner planning the work of the department; In the prescribed manner, it makes proposals for the appointment, movement, dismissal and exemption from the post, inclusion in the personnel reserve, on certification, training on training, advanced training and internship, as well as assigning them classic ranks, their promotion and attracting to, as well as about the direction of business trips; within the competence of the department considers the documents received by the department, it takes solutions on them; In accordance with the procedure established by the Ministry of Justice of Russia, organizational and administrative documents will dominate the procedure for compliance with the procedure for their design and coordination; contributes in the prescribed manner the proposal on the structure and staff number of the department; Develops the Regulation on the Department and the proper regulations of civil servants of the Department and presents them to the head of the Main Directorate, acting by the head of the Main Directorate; organizes meetings, seminars, other methodological measures with civil servants of the Department for the Competence of the Department; Together with civilian employees, the Department develops plans for individual training of civil servants of the department and organizes work on their implementation; participates in the work of the advisory bodies with the main management; prepares analytical, information, reference and other materials on issues related to the competence of the department; In the prescribed manner, monitors the timely and reliable compilation of established reporting forms, provides a submission to the Ministry of Justice of Russia statistical reporting in accordance with established forms and timing; contributes to improving the activities of the Main Department; introduces substantiated proposals to improve the logistics of the department; in the prescribed manner requests from other structural units Main Department required documents and materials; Organizes office work in the department in accordance with the regulatory legal acts of the Ministry of Justice of Russia and the organizational and managerial documents of the Main Department. To solve the most important issues of the activities of the department, the implementation of control over the implementation of plans for the work and instructions of the Ministry of Justice of Russia, as well as the exchange of experience in the department, service meetings may be carried out.
The decisions taken at the Service Meeting are issued by the Protocol and are mandatory for civil servants.
The Division operates on the basis of a plan of the main organizational activities of the General Directorate, the work plan of the Coordination Council under the Main Department and Meeting of the Governing Composition, orders, orders and orders of the Ministry of Justice of Russia; Organizational and administrative documents of the Main Department, the Plan of Commissioning of the General Directorate, the instructions of the head of the Main Department, the plan of organizational activities of the department. The department is transmitted in the prescribed manner the corresponding material and technical meansnecessary for the timely and qualitative implementation of powers assigned to him, and access to relevant information, communication systems and communications is provided.