On signing the Protocol on Amendments to the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of October 7, 2002
Decree of the President of the Republic of Kazakhstan dated October 22, 2024 No. 681
In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:
1. To approve the attached draft Protocol on Amendments to the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of October 7, 2002.
2. To sign on behalf of the Republic of Kazakhstan the Protocol on Amendments to the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters dated October 7, 2002.
3. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan
K. Tokaev
Approved by Decree of the President of the Republic of Kazakhstan on October 22, 2024 No. 681
Project
Protocol on Amendments to the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of October 7, 2002
The States Parties to the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of October 7, 2002, hereinafter referred to as the Contracting Parties,
based on mutual interest in the recognition of court orders for the recovery of alimony for minor children in the territories of the Contracting Parties,
We have agreed on the following:
Article 1
To make the following amendments to the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of October 7, 2002 (hereinafter referred to as the Convention):
1. The first paragraph of Article 6 of the Convention, after the words "court decisions in civil cases", should be supplemented with the words "court orders (rulings on a court order) for the recovery of alimony for minor children (hereinafter referred to as court orders)".
2. Subparagraph "a" of paragraph 1 of article 54 of the Convention, after the words "(hereinafter referred to as decisions)", add the words ", court orders".
3. Article 56 of the Convention should be worded as follows:
"Article 56. Petition for recognition and enforcement of a judgment or court order
1. An application for recognition and enforcement of a judgment or court order shall be submitted by the party in whose favor the judgment or court order was rendered to the competent court of the Contracting Party where the judgment or court order is subject to enforcement. It can also be filed with the court that issued the decision, a court order in the case in the first instance. This court sends a petition for recognition and enforcement of its decision, a court order to the court competent to make a decision on the petition.
2. The following documents are attached to the application::
a) a decision, court order or certified copies thereof, as well as an official document stating that the decision, court order has entered into force and is subject to execution, or that they are subject to execution before they enter into force, if this does not follow from the decision, court order itself;
b) a document from which it follows that the party against whom the decision was made, who did not take part in the process, was duly and promptly summoned to court, and in the case of her procedural incapacity was duly presented; in the case of a court order, a document (a copy thereof) confirming the delivery or referral to the debtor of a court order (a copy thereof) in accordance with the national legislation of the Contracting Party in whose territory the court order was issued;
c) a document confirming the partial execution of the decision or court order at the time of their transmission;
d) a document confirming the agreement of the parties on matters of contractual jurisdiction.
3. The application for recognition and enforcement of the judgment, court order and the documents attached thereto shall be provided with a certified translation into the language of the requested Contracting Party or into Russian.".
4. Subparagraph "b" of article 59 of the Convention should be supplemented with the following paragraph:
"in the case of a court order, the debtor has not been served or sent a court order (a copy thereof) in accordance with the national legislation of the Contracting Party in whose territory the court order was issued;".
Article 2
This Protocol is subject to ratification and enters into force in accordance with the procedure provided for in article 120 of the Convention.
After its entry into force, other States may accede to this Protocol with the consent of all the Contracting Parties by submitting their instruments of accession to the depositary. The accession is considered to have entered into force after 30 days from the date of receipt by the depositary of the last notification of consent to such accession.
Committed in the city __________________ year in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Protocol.
For the Republic of Azerbaijan
For the Russian Federation
For the Republic of Armenia
For the Republic of Tajikistan
For the Republic of Belarus
For Turkmenistan
For the Republic of Kazakhstan
For the Republic of Uzbekistan
For the Kyrgyz Republic
For Ukraine
For the Republic of Moldova
President
Republic of Kazakhstan
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