On signing the Agreement between the Republic of Kazakhstan and the Czech Republic on Mutual Legal Assistance in Criminal Matters
Decree of the President of the Republic of Kazakhstan dated May 20, 2013 No. 568
In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan"
I DECREE:
1. Approve the attached project The Agreement between the Republic of Kazakhstan and the Czech Republic on Mutual Legal Assistance in Criminal Matters.
2. Authorize the Prosecutor General of the Republic of Kazakhstan, Daulbaev Askhat Kaizullaevich, to sign on behalf of the Republic of Kazakhstan an agreement between the Republic of Kazakhstan and the Czech Republic on mutual Legal assistance in Criminal Matters, authorizing amendments and additions that are not of a fundamental nature.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan N. Nazarbayev
APPROVED
By Decree of the President of the Republic of Kazakhstan
Dated May 20, 2013 No. 568
Project
contract
between the Republic of Kazakhstan and the Czech Republicin mutual legal assistance in criminal matters
The Republic of Kazakhstan and the Czech Republic,
RESPECTING the generally recognized rules of international law, REAFFIRMING its commitment to respect justice, human rights, the principles of legality and democracy, and the independence of the judiciary, DESIRING to promote more effective cooperation between the two States in the field of combating crime on the basis of mutual legal assistance in criminal matters, BEARING in mind that these goals can be achieved through the conclusion of a bilateral an agreement establishing the necessary procedures,
WE HAVE AGREED ON THE FOLLOWING:
Part 1 General provisions
Article 1Subject and purpose of the Contract
1. The Parties shall provide each other with mutual legal assistance (hereinafter referred to as assistance) in accordance with the provisions of this Treaty for criminal prosecution, including investigation to confirm the commission of a crime, collection of evidence, prosecution and judicial review in respect of crimes for which punishment is attributed to the jurisdiction of the Requesting Party at the time of sending the request for assistance. 2. This Treaty does not apply to extradition, transfer of criminal prosecution and transfer of convicted persons for further serving of a sentence in the form of imprisonment.
Article 2 Definitions
For the purposes of this Agreement: (a) the term "Parties" means the Republic of Kazakhstan and the Czech Republic; (b) the term "Central Authorities" means: i. for the Czech Republic: the Supreme Prosecutor's Office of the Czech Republic for requests for assistance in pre-trial proceedings and the Ministry of Justice of the Czech Republic for other requests for assistance; ii. for the Republic of Kazakhstan: the Prosecutor General's Office of the Republic of Kazakhstan - for requests for assistance in pre-trial proceedings and the Supreme Court of the Republic of Kazakhstan - for requests for assistance in cases pending before the courts; (c) the term "judicial authorities" means the prosecutor's office and the courts of both Parties; (d) the term "subjects" means documents, records, and other factual information; (e) the term "property" means funds of any kind, or assets or property, tangible or intangible, movable or immovable, tangible or intangible, including securities and other legal documents or instruments constituting property; (f) the term "funds" means any property used or intended for use in any way, in whole or in part, for the commission of a crime; (g) the term "proceeds" means any property obtained or acquired directly or indirectly as a result of the commission of a crime; (h) the term "seizure" means the temporary prohibition of the transfer, transformation, alienation or movement of property, or the temporary storage or control of objects, property, funds or income; (i) the term "confiscation", which includes "seizure", means the punishment or measure chosen by the court in the form of final deprivation ownership of objects, property, funds or income; (j) the term "personal data" means any data related to a specific person transferred under this Agreement.
Article 3 Assistance package
Assistance includes the types of assistance set out in Part 2 of this Agreement, and any other assistance provided for by the national legislation of both Parties and not contrary to this Agreement.
Article 4 Dual jurisdiction
1. Unless otherwise provided by this Treaty or the legislation of the Requested Party, assistance should be provided even if the act constituting a crime under the legislation of the Requesting Party, which is the subject of criminal proceedings for which assistance is requested, is not a crime under the legislation of the Requested Party. 2. If the execution of the requested assistance requires the implementation of coercive measures in accordance with the national legislation of the Requested Party, including search, seizure or confiscation, assistance is provided only if the act for which assistance is requested constitutes a crime in accordance with the national legislation of both Parties. 3. If the crime, in accordance with the national legislation of the Requesting Party, which is the subject of criminal proceedings in which assistance is requested, is a fiscal (financial) or tax offense, assistance may not be refused solely on the basis that the national legislation of the Requested Party does not apply the same type of taxes and duties or does not contain taxes, fees, customs duties, and currency regulation in the same form as the national legislation of the Requesting Party. 4. Assistance cannot be refused solely on the grounds that it relates to actions for which a legal entity may be held accountable in the Requesting Party.
Article 5The role of the Central Authorities
1. Requests for assistance and materials on their execution are sent through the Central Authorities. 2. The central authorities shall communicate directly with each other for the purposes of this Treaty. It is also possible that the Central Authorities may communicate through diplomatic channels. 3. Either Party may change its Central Authority. In this case, she must inform the other Party about the changes and the contact details of the new Central Authority through diplomatic channels.
Article 6 Agencies authorized to request assistance
Requests for assistance are made by the judicial authorities of the Requesting Party.
Article 7 Requests for assistance
1. The request shall be drawn up in writing, signed by an official of the judicial authority requesting assistance, and certified with its official seal. 2. The request must include the following: (a) the name of the competent authority conducting the criminal investigation (proceedings) in which assistance is requested and the authority requesting assistance; (b) a description of the facts of each crime for which assistance is requested, including the persons being prosecuted, the time and place of their commission, the amount of damage caused or attempted damage, if any, and the text of the applicable provisions of the criminal law of the Requesting Party, including sanctions and statute of limitations(c) the stage of the criminal investigation in which assistance is requested; (d) a description of the assistance requested and the items sought.; (e) a description and location of any person from whom evidence, testimony, any wanted items, or a description of the place to be investigated and their connection to the criminal investigation in which assistance is requested; (f) a description of any specific procedure to be followed in providing assistance; (g) any request confidentiality; (h) in urgent cases, an indication of the limited time within which assistance should be provided and the reasons for the urgency.; (i) if necessary, to provide documents, the procedure for their preparation; (j) a list of questions to be asked when receiving testimony or statements from the person to be questioned; (k) an indication of the persons whose presence is required during the execution of the request and their role in the criminal investigation in which assistance is requested; (l) information on payments and compensation for expenses to which a person who has been summoned to appear on the territory of the Requesting Party is entitled; (m) information on the right not to testify, which may be obtained under the law of the Requesting Party, in respect of persons whose testimony and statements have been requested from the Requested Party, and on any immunities, exemptions, benefits or disabilities that may be relevant to the execution of the request for assistance; (n) an accurate description of the items, property, funds or proceeds to be seized or confiscated, including their relation to the crime and criminal investigation for the purposes of the requested assistance, and the grounds for believing that such items, property, funds or proceeds are located in the territory of the Requested Party; (o) any other information that contributes to to provide the requested assistance. 3. If the Requested Party considers that the content of the request is not sufficient for its execution, it may request additional information and may set a reasonable time limit for the Requesting Party to provide it. 4. The request for assistance and any supporting documents, including documents for delivery, shall be drawn up in the language of the Requesting Party with their translation into English. If the person to whom the document is to be served does not speak the language of the Requesting Party or English, the Requesting Party shall ensure that the documents are translated into the language that the person speaks. 5. In urgent cases, requests for assistance can be transmitted by Central Authorities to each other by fax or e-mail. If the original written request for assistance has not been received by the Central Authority of the Requested Party within thirty days, the Requested Party may refuse to execute it.
Article 8confirmation and identification
1. Requests for assistance and items received in the course of their execution in accordance with this Agreement do not require any legalization, certification or authentication and are fully acceptable as evidence in the Requesting Party. 2. Copies of items received as a result of the execution of a request for assistance in accordance with this Agreement must be certified and certified by the competent authority of the Requested Party, if requested by the Requesting Party. 3. Neither Side requires legalizing, certifying, or certifying anything by a consular or diplomatic official.
Article 9 Refusal or postponement of legal assistance
1. The requested Party may refuse to provide assistance in whole or in part if it considers that: (a) the request for assistance is contrary to its national legislation or does not comply with the provisions of this Treaty; (b) the request for assistance relates to political crimes or crimes of a political nature or crimes related to political crimes or crimes of a political nature; (c) A request for assistance refers to a military offence, which is not a crime under ordinary criminal law applicable in general; (d) a request for assistance refers to an offence punishable by death in the Requesting Party, except when the Requesting Party provides guarantees that the Requested Party considers to be justified. that the death penalty will not be imposed, and if it is, it will not be executed.; (e) there are substantial grounds to believe that the request for assistance was made for the purpose of criminalizing, punishing, or discriminating against the person on the basis of race, religion, gender, nationality, ethnic origin, political views, or any other similar reason, or that such a characteristic of the person may harm him for these reasons; ((f) There are substantial grounds to believe that the request for assistance will lead to the person being subjected to torture or other cruel, inhuman or degrading treatment or punishment; (g) the request for assistance refers to the criminal prosecution of a person for a crime for which the person has already been convicted, acquitted or pardoned in the Requested Party or for which the person cannot be prosecuted due to the expiration of the statute of limitations if the crime was committed within the jurisdiction of the Requested Party; (h) personal data that is necessary send to the requesting party will not be properly protected; (i) The Requesting Party is unable to comply with any conditions set by the Requested Party regarding confidentiality or restrictions on the use of information or evidence obtained; (j) the offence for which assistance is requested is not an offence under the national law of the Requested Party if dual jurisdiction is necessary to comply with the request for assistance; ((k) The Requesting Party has not provided additional information within the time limit set by the Requested Party; or (l) the execution of a request for assistance may prejudice the sovereignty, security, public order, or similar essential interests of the Requested Party. 2. Assistance cannot be refused due to bank secrecy. 3. The Requested Party may delay the execution of a request for assistance if its execution is related to the pending decision on a criminal case in the Requested Party. 4. Before refusing or postponing the execution of a request for assistance, the Requested Party may consult with the Requesting Party on the consideration of the necessary conditions under which assistance can be provided. If the Requesting Party accepts such conditions, it will comply with them. 5. In case of refusal or postponement of assistance by the Requested Party, it must inform the Requesting Party in writing of the reasons for such refusal or postponement.
Article 10 Execution of a request for assistance
1. The Requested Party shall execute requests for assistance in accordance with its national legislation and to the extent not prohibited by the national legislation of the Requested Party, in accordance with the procedure established in the request for assistance, as far as possible. To this end, the competent authority of the Requested Party issues summonses for appearance, issues orders for search, seizure and other similar orders or decisions necessary for the execution of the request for assistance. 2. The Requested Party may allow the presence of the persons indicated in the request for assistance in the execution of the request for assistance that does not contradict the national legislation of the Requested Party; the Requested Party shall allow the presence of the defendant's lawyer or persons subject to criminal prosecution in respect of whom assistance is requested. For this purpose, the Requested Party shall inform the Requesting Party in advance of the date, time and place of execution of the request for assistance.; If necessary, the Central Authorities consult with each other on setting a convenient date for both Sides. Persons whose presence is permitted during the execution of a request for assistance in accordance with this Article may propose additional questions to the competent authorities of the Requested Party executing the request for assistance that may facilitate its execution or the fulfillment of the purpose of the requested assistance and make other proposals for its execution.; The competent authorities of the Requested Party executing the request for assistance, at their discretion, decide whether to ask additional questions or apply such suggestions. 3. The requested Party shall immediately inform the Requesting Party of the results of the execution of the request for assistance or of the circumstances that served as a valid reason for the delay in the execution of the request. 4. If the person in respect of whom assistance is requested invokes any immunity, exemption, privileges or incapacity in accordance with the legislation of the Requesting Party, the request may be executed, except in cases where such immunity, exemption, privileges or incapacity are confirmed in the request. 5. The requested Party is not obliged to translate the documents transmitted to the Requesting Party as a result of the execution of the request for assistance.
Article 11confidence
The Requested Party shall make every effort to maintain the confidentiality of the requested facts, the content of the request, the results of the execution of the request and other information regarding the execution of the request, if confidentiality is requested by the Requesting Party. If the request cannot be executed without disclosing such information, the Requested Party must inform the Requesting Party, which decides on the possibility of executing the request.
Article 12 Restrictions on use
1. Information or evidence provided by the Requested Party may not be used by the Requesting Party for purposes other than those specified in the request, except for: (a) use in other procedures related to the same criminal case, in which it is impossible to apply a more severe punishment than provided for by the sanction of the crime, for investigation (b) the prevention of a serious crime or an extreme and serious threat to public order; or (c) with the prior written consent of the Requested Party. 2. No information or items provided by the Requested Party to the Requesting Party in accordance with this Treaty shall be provided by the Requesting Party to a third State without the prior written consent of the Requested Party.
Article 13 Protection of personal data
In order to protect personal data in accordance with the national legislation of the Parties, the following rules must be observed: (a) The Receiving Party may use personal data only for the purposes for which they were transferred by the Providing Party. Personal data may be used by the Receiving Party for other purposes only with the prior written consent of the Providing Party and in accordance with the national legislation of both Parties and international treaties to which both Parties are parties.; (b) important personal data, i.e. data on nationality, race or ethnic origin, political views, religion, philosophical beliefs, previous criminal record, health or sexual life as a subject of personal data may be transferred only in cases of extreme necessity. If necessary, the Parties shall consult on the need to transfer important personal data; c) upon request, the Receiving Party shall inform the Providing Party of the use of personal data in accordance with subparagraphs (a), (b) of paragraph 1 of Article 12 of this Agreement and of the results obtained.; (d) The Providing Party must ensure that the personal data is reliable and ensure that its transfer is necessary and proportionate to the intended purpose. When restricting the exchange of personal information, the provisions of the national legislation of both Parties must be taken into account. If the fact of unreliability of the transmitted personal information is established, the Receiving Party must be notified of this; the Receiving Party must correct the false personal data and destroy the personal data that should not have been provided.; (e) When providing personal data, the Providing Party may, in accordance with its national legislation, determine the maximum period for their storage by the Receiving Party. Despite the deadline, personal data must be destroyed as soon as it is no longer needed. In the event of termination of this Agreement, except for its transformation into a new international agreement or other rules binding both Parties, all transferred personal data must be destroyed.; (f) The Parties must carefully protect personal data from accidental loss, accidental or incompetent access, alteration, transfer and disclosure.
Article 14 Expenses
1. The requested Party, in accordance with its national legislation, shall bear all costs related to the execution of the request for assistance, with the exception of other agreements between the Central Authorities. 2. Notwithstanding paragraph 1 of this Article, the Requesting Party, except for other arrangements between the Central Authorities, shall bear the following costs: (a) fees for expert services; (b) costs for translation, interpretation, copying; (c) costs related to travel and stay of persons; (d) expenses related to the organization and conduct of the videoconference; (e) expenses for the storage and transportation of items, property, funds or income; (f) fees for persons involved in the confiscation of items, property, funds or income; and (g) fees for persons involved in the protection of witnesses, victims and others. 3. In cases where, during the execution of a request for assistance, the Requested Party discovers that such execution will entail extraordinarily high costs, it must immediately inform the Requesting Party.
Part 2 Types of help
Article 15 Search for persons, objects, property, funds and income
Upon request, the Requested Party must do everything possible, in accordance with its national legislation, to locate on its territory the persons, objects, property, funds and income indicated in the request for assistance and allegedly located on its territory, and report the results to the Requesting Party.
Article 16 Submission of documents
1. The requested Party shall facilitate the effective delivery of documents, including a court summons or other documents requiring the appearance of a person staying in the Requested Party, to the competent authority of the Requesting Party. 2. If the request for assistance concerns the delivery of documents requiring the person to appear before the competent authority of the Requesting Party, it must be received by the Central Authority of the Requested Party at least 60 days before the scheduled date of appearance. In urgent cases, the Requested Party may waive this requirement. 3. The Requested Party shall provide the Requesting Party with a confirmation of delivery, dated and signed by the recipient, or a statement from the Requested Party stating that it is impossible to deliver the document, with reference to the date, place and method of execution or attempted execution, and in the latter case, indicating the reasons why delivery cannot be performed. At the request of the Requesting Party, the Requested Party must, if possible, immediately inform the Requesting Party of the response of the person summoned to appear before the competent authority of the Requesting Party in accordance with paragraph 1 of this article. 4. A person summoned by the competent authority of the Requesting Party in accordance with paragraph 1 of this Article who fails to appear before that authority may not, for this reason, be subjected to punishment or coercive measures in the Requesting Party, despite a counter-statement in the request for assistance, summonses or any other documents sent.
Article 17 of the guarantee
1. The appearance of a person before the competent authority of the Requesting Party on the basis of a summons served in accordance with this Treaty shall not: (a) be the basis for detention or any restriction of personal freedom in the Requesting Party for any offenses committed prior to the departure of the person from the territory of the Requested Party; or (b) require testimony or facilitate any investigation, prosecution, or other procedures, including legal procedures not specified in the request. 2. The guarantees provided for in paragraph 1 of this article should not apply to summoning persons as defendants, accused or suspected of committing a crime, in respect of whom assistance is requested. 3. The guarantees provided for in paragraph 1 of this Article shall terminate when: (a) a person remains in the territory of the Requesting Party after the expiration of 15 days from the date on which it was no longer necessary for him to appear before the competent authority of the Requesting Party or from the date on which he missed the date of appearance before that authority in the planned period, except in cases where such a pass arose due to for reasons beyond his control; (b) the person who left the territory of the Requesting Party returned there on his own. 4. Within the fifteen-day period provided for in subparagraph (a) paragraph 3 of this Article should not include a period during which a person cannot leave the territory of the Requesting Party for reasons beyond his control. 5. When the Requesting Party is aware that the guarantees provided for in paragraph 1 of this Article have been terminated in accordance with paragraph 3 of this Article, the Requesting Party must inform the Requested Party without delay, if such information has been requested by the Requested Party.
Article 18 Obtaining testimony or statements from the Requested Party
1. Upon request, the Requested Party receives testimony or statements from individuals in accordance with its national legislation. To this end, the Requested Party applies coercive measures, if such measures are necessary. If the information contained in the request is insufficient to determine such measures in accordance with the legislation of the Requested Party, the Requested Party must inform the Requesting Party of the requirements of its legislation on the application of coercive measures and invite the Requesting Party to provide additional information in accordance with paragraph 3 of Article 7 of this Treaty. 2. A person who has received a notification may exercise the right not to give evidence, which he has in accordance with the national legislation of either Party. 3. Upon request, the Requested Party must, in accordance with its national legislation, receive the items indicated by the person when giving testimony or statement and hand them over to the Requesting Party.
Article 19 Videoconference eavesdropping
1. If the person is located in the Requested Party and must be heard by the competent authority of the Requesting Party, the Requested Party may allow that competent authority to question or receive a statement from the person via videoconference, if such hearing is necessary for a criminal investigation in the Requesting Party. Hearing of a suspect, accused, or defendant via videoconference is possible only if they agree to use a videoconference. The central authorities should coordinate and, in accordance with the established procedure, facilitate the resolution of legal or logistical issues that may arise during the execution of a request for assistance. 2. When hearing by videoconference, the following rules shall apply, except as otherwise agreed between the Parties: (a) the authority of the Requested Party shall identify the person indicated in the request for assistance and summon him for hearing; (b) the hearing is conducted directly or under the direction of the competent authority of the Requesting Party in accordance with its national legislation and the fundamental principles of the legislation of the Requested Party; (c) the authority of the Requested Party is present at the hearing, facilitates interpretation, if necessary, and oversees the hearing. If, during the hearing, the authority of the Requested Party finds a violation of the fundamental principles of the law of the Requested Party, it shall immediately take measures to ensure that the hearing continues in accordance with these principles; (d) at the request of the Requesting Party or the person being heard, the Requested Party shall, if necessary, provide such person with an interpreter; (e) the person being heard may exercise the right not to testify in in accordance with the national legislation of either Party. Other measures necessary to protect the person agreed upon between the authorities of the Parties will also be taken; and (f) the competent authority of the Requested Party shall make a written record of the hearing, indicating the date, time and place, the data of the person who spoke, the data of other persons participating in the hearing and the technical conditions under which the hearing was conducted. The requested Party shall immediately provide the Requesting Party with the original written record. 3. The requested Party may also allow the video conference to be used for other purposes, including identifying persons or objects or for conducting a confrontation. 4. If a witness or expert is heard by videoconference in accordance with this article and refuses to testify when required to testify, or gives false testimony, the Requested Party must apply its national legislation in the same manner as if the hearing had taken place as a domestic procedure.
Article 20 General accessibility and official documents
1. Upon request and in accordance with its national legislation, the Requested Party provides copies of publicly available documents. 2. The requested Party may provide copies of any documents, records or information not publicly available in the possession of a government agency or official body, to the extent and under the conditions to which these documents, records or information are accessible to its law enforcement and judicial authorities.
Article 21 Identification of banks and financial information
1. Upon request, the Requested Party shall immediately inform the Requesting Party whether the owner of a bank account or accounts with any bank or branch of a bank located in the territory of the Requested Party is a natural or legal person and provide the Requesting Party with relevant information, including information on the identity of persons authorized to use such accounts and any transactions related to these accounts. 2. Upon request, the Requested Party establishes monitoring for a specific period of time for banking transactions that were performed through one or more accounts specified in the request, and reports the results to the Requesting Party. 3. A request for assistance in accordance with paragraphs 1 and 2 of this article must include a detailed description of the connection of the bank account or accounts with the crime in respect of which assistance is requested. 4. Assistance in accordance with paragraphs 1 and 2 of this Article, in addition to banks, also applies to other financial institutions.
Article 22 Search and inspection of persons, objects and places
Upon request, the Requested Party may conduct a search and inspection of persons, objects and places. To this end, the Requested Party applies coercive measures, if such measures are necessary. If the information contained in the request is insufficient to determine such measures in accordance with the legislation of the Requested Party, the Requested Party must inform the Requesting Party of the requirements of its legislation on the application of coercive measures and invite the Requesting Party to provide additional information in accordance with paragraph 3 of Article 7 of this Treaty.
Article 23The imposition of arrest
1. Upon request, the Requested Party must seize any items, property, funds or proceeds related to the crime for which assistance is requested. 2. Upon request, the Requested Party shall transfer any seized items that can be used as evidence in a criminal investigation to the Requesting Party for which assistance is requested. The Requesting Party shall comply with any conditions imposed by the Requested Party with respect to any seized items transferred to the Requesting Party.
Article 24 Return of items
Items provided by the Requested Party to the Requesting Party during the execution of the request for assistance, including original documents, must be returned to the Requested Party as soon as possible, unless the Requested Party does not require their return.
Article 25condiscation
1. Upon request, the Requested Party may, in accordance with its national legislation, recognize and enforce a court decision of the Requesting Party providing for the confiscation of objects, property, funds or income. The requesting Party must attach to the request for assistance the original or a certified copy of the court decision, which is subject to recognition and enforcement in the Requested Party. 2. The requested Party may transfer, in whole or in part, items, property, funds or income confiscated in accordance with paragraph 1 of this Article to the Requesting Party in accordance with the terms agreed upon by the Parties. 3. The application of this article should not prejudice the bona fide rights of third parties.
Article 26compensation of losses
The Parties shall provide each other with the assistance permitted by their national legislation, contributing to the compensation of losses. Assistance should include the transfer of income to its rightful owners. The bona fide rights of third parties should not be affected.
Article 27 Free exchange of information
1. Without prejudice to their own investigations or criminal proceedings, the competent authorities of either Party, without prior request, may, through the Central Authorities, forward to the competent authorities of the other Party information obtained as part of their own investigations, if they believe that disclosure of such information may facilitate the other Party to initiate or complete an investigation or criminal proceedings or may be a reason for sending a request by the other Party in accordance with this Agreement. 2. The transmitting Party may, in accordance with its national legislation, establish conditions for the use of such information by the receiving Party. In such cases, the transmitting Party must notify the receiving Party in advance of the authenticity of the information provided and of the established conditions. 3. The Receiving Party is limited to these terms if it agrees to transfer information in accordance with such terms. 4. This article also applies to the transmission of information provided by private individuals to the competent authorities of the Parties related to crimes falling under the jurisdiction of the other Party.
Article 28 Exchange of information on criminal trials, convictions and sentences
Upon request, the Requested Party shall provide the Requesting Party with information on ongoing or completed criminal investigations, acquittals, convictions and sentences imposed in the Requested Party necessary for a criminal investigation in the Requesting Party, to the extent that they may be available to their competent authorities in similar cases.
Article 29 Irregular exchange of information on criminal records of citizens
1. Each Party shall inform the other Party of all criminal records and further measures against citizens of the latter Party entered into the forensic records of the first Party. The central authorities should provide each other with this information, if available, at least once a year. The information must be provided, even if the person in respect of whom it is provided is a citizen of both Parties. 2. In addition, the Party that provided the above information must, upon request, provide the other Party with copies of the verdicts in specific cases and information on the measures taken on them, as well as any other information required to consider the need for any measures at the national level.
Article 30 Exchange of information on legal issues and its application in practice
Upon request, the Parties shall exchange information on their laws and regulations in force at the time of receipt of the request for assistance or at the time of the commission of the crime in respect of which the request for assistance was received, and on their application in practice.
Part 3The final provisions
Article 31 of the Consultation
The central authorities, if necessary, shall consult in order to resolve any difficulties in the execution of requests for assistance, facilitate the provision of prompt and effective assistance in accordance with this Treaty, and agree on practical measures that may be necessary for this purpose.
Article 32 Dispute settlement
Any dispute arising in the course of the application, interpretation or implementation of this Treaty must be resolved through diplomatic channels, unless the Central Authorities themselves can reach an agreement through consultations.
Article 33 Compatibility with other instruments related to international legal cooperation in criminal matters
1. The provisions of this Treaty shall not prejudice any right or obligation of any of the Parties under other international treaties. 2. This Treaty does not prevent the Parties from requesting and providing assistance to each other based on the provisions of other applicable international conventions, treaties, agreements, arrangements or national legislation.
Article 34 Entry into force and termination
1. The Parties shall notify each other by diplomatic notes of the completion of their internal procedures necessary for the entry into force of this Treaty. This Treaty shall enter into force on the thirtieth day following the date of receipt of the last diplomatic note. 2. This Agreement applies to any request for assistance submitted on or after the date of entry into force of this Agreement, even if the criminal investigation under which assistance is requested was completed before that date. 3. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols and are integral parts of this Agreement, which enter into force in accordance with the procedure established by paragraph 1 of this Article. 4. This Agreement shall terminate upon the expiration of six (6) months from the date of receipt by one of the Parties through diplomatic channels of a written notification by the other Party of its intention to terminate this Agreement. In the event of termination of this Agreement, the legal assistance measures that were initiated during its validity period remain in force until they are fully implemented.
IN WITNESS WHEREOF, the undersigned, authorized thereto, have signed this Agreement.
Done in _________ "__" 201_ year, in two copies, each in Kazakh, Czech and English, with all texts having the same validity. In case of divergence of interpretation, the English text will prevail.
For the Republic of Kazakhstan For the Czech Republic
President
Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
