On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Regulation of the Resettlement Process and Protection of the Rights of Displaced Persons

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Regulation of the Resettlement Process and Protection of the Rights of Displaced Persons

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Regulation of the Resettlement Process and Protection of the Rights of Displaced Persons

The Law of the Republic of Kazakhstan dated December 24, 1998 No. 335

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Regulation of the Resettlement Process and Protection of the Rights of Displaced Persons, signed in Moscow on July 6, 1998.

President of the Republic of Kazakhstan

application

 Agreement between the Government of the Republic of Kazakhstan and Government of the Russian Federation on the regulation of the resettlement process and protection of the rights of displaced persons

 (Bulletin of International Treaties of the Republic of Kazakhstan, 2001, No. 3, Article 25) (Entered into force on April 17, 2000 - J. "Diplomatic Courier", special issue No. 2, September 2000, p. 182)

The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties, guided by the principles contained in the main UN human rights documents, based on the provisions of the Treaty of Friendship, Cooperation and Mutual Assistance between the Republic of Kazakhstan and the Russian Federation dated May 25, 1992, based on the desire to pursue a coordinated migration policy, agreed as follows:

Article 1 This Agreement applies to citizens of the Republic of Kazakhstan moving from the Russian Federation to the Republic of Kazakhstan and citizens of the Russian Federation moving from the Republic of Kazakhstan to the Russian Federation. The application of this Agreement to each individual is a one-time application. The Parties recognize that any coercion of persons to relocate is unacceptable.

Article 2 The concepts used in this Agreement have the following meaning: "migrant" - a citizen of the state of one of the Parties who voluntarily leaves the territory of the state of his permanent residence and moves to a permanent place of residence in the territory of the state of his citizenship; "family members of the migrant" - spouse, parents, minor children, as well as living together other relatives, disabled dependents who move with the migrant and run a common household.; "State of departure" - the State of the former permanent residence; "state of entry" - the State of the new permanent residence.

Article 3 This Agreement does not apply to: a) refugees; b) persons convicted of crimes and imprisoned; c) persons whose departure affects the security interests of the State of permanent residence, until the termination of circumstances preventing departure; d) persons whose departure is postponed until they fulfill their property obligations which involve the interests of the Parties, state, cooperative, public or other organizations and institutions, and individuals; e) persons temporarily staying in the territory of the State in connection with studies, private and business trips; f) migrant workers; g) military personnel on active military service and members of their families.

Article 4 Persons resettling from the Republic of Kazakhstan to the Russian Federation and from the Russian Federation to the Republic of Kazakhstan on the basis of this Agreement shall receive, in accordance with the established procedure, a document confirming the status of a migrant. The form of such a document is determined by the state bodies of the Parties (hereinafter referred to as the authorized bodies), which are responsible for coordinating resettlement and monitoring compliance with this Agreement.

Article 5 Displaced persons and members of their families have the right to receive free and free information from the migration services of the States of the Parties: a) on the content of this Agreement; b) on the conditions of resettlement; c) on the rights and obligations of displaced persons in the State of entry.

Article 6 Displaced persons and their family members have the right to: a) remove from the State of departure all movable property declared before departure, which is in their personal possession, subject to restrictions related to the export of cultural property recognized in accordance with the legislation of the State of departure as its national heritage, as well as related to items whose export is prohibited by the legislation of the State of departure; b) sell or otherwise dispose of the property that is their personal property and take it out of the state of departure, as well as import the received funds into the state of entry in the prescribed manner in any currency and unlimited quantity; c) transfer monetary deposits and assets deposited in banking institutions of the state of departure to banking institutions of the state of entry; d) to leave movable and immovable property belonging to them by right of ownership, monetary deposits and assets on the territory of the State of departure, and to exercise the right of possession, use and disposal in respect of them.

Article 7 The Parties recognize that displaced persons who are members of housing, housing, construction, country, garage and construction cooperatives, horticultural associations or other cooperatives who have fully paid their share contribution for an apartment, cottage, garden house, garage, other premises or structure provided to them for use, have ownership of this property. The displaced persons are given the right to pay an early share contribution for the property provided for use and to formalize ownership of this property.

Article 8 Civil law disputes concerning property located on the territory of the State of departure and owned by the displaced person between the displaced persons, their family members, on the one hand, and interested persons, on the other hand, are settled in court on the territory of this State in accordance with its legislation. The competent authorities of the State of entry recognize the decisions of the courts of the State of exit that have entered into force in these disputes, including for the purposes of enforcement in the territory of the State of entry.

Article 9 The Parties shall ensure the protection of displaced persons and their family members on the territory of their State from any actions in the form of violence, threats and intimidation, as well as other actions based on gender, race, language, religion and beliefs, political or other views, national, ethnic or social origin, economic, property and marital status. government officials, as well as individuals, groups, public associations, and other organizations.

Article 10 The Parties shall ensure, on a reciprocal basis, the exemption of displaced persons and their family members from restrictions on the import and export of their personal property (with the exception of items prohibited for export by the law of the State of exit and items prohibited for import by the law of the State of entry), customs duties, taxes and related charges. Funds exported and monetary deposits and assets transferred are exempt from fees and duties, with the exception of those that represent fees for transfer services.

Article 11 The State of departure provides assistance to displaced persons and their family members in the sale or other form of disposal of housing and other property owned by them. The State of departure grants migrants and their family members the right to privatize, on an equal basis with its citizens, the State and municipal housing they actually legally occupy, except for office and departmental housing. The State of entry provides assistance to displaced persons and their family members in renting, hiring, purchasing and building housing. The Parties shall not prevent the exchange of housing between displaced persons, carried out in accordance with the procedure established by national legislation.

Article 12 The State of entry may establish an annual resettlement quota. The Parties recognize the right of persons to move independently to the territory of the State of one of the Parties without taking into account the resettlement quotas established by the State of entry. The provisions of this Agreement do not apply to persons who have relocated independently.

Article 13 The authorized bodies of the Parties responsible for the implementation of this Agreement are, respectively:: Agency for Migration and Demography of the Republic of Kazakhstan; Federal Migration Service of Russia. The Agency for Migration and Demography of the Republic of Kazakhstan and the Federal Migration Service of Russia by a separate agreement (protocol) determine the procedure for the implementation of this Agreement.

Article 14 If the legislation of the Republic of Kazakhstan and the legislation of the Russian Federation provide for rules other than those contained in this Agreement, the rules of this Agreement shall apply.

Article 15 The Parties may make additions or amendments to this Agreement by signing relevant documents that will form an integral part of it. These documents shall enter into force in accordance with the procedure provided for in Article 17 of this Agreement.

Article 16 Disputes between the Parties related to the application and interpretation of this Agreement that are not settled by the authorities referred to in Article 13 of this Agreement will be resolved through diplomatic channels.

Article 17 This Agreement is subject to ratification, enters into force on the date of the exchange of instruments of ratification, is concluded for a period of 5 years, after which it is automatically extended unless either Party notifies the other Party in writing at least 6 months before the expiration of the next five-year period of its intention to terminate it. Done in Moscow on July 6, 1998, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.

(specialist: R.Zhantasova proofreader: I.Sklyarova)

President

Republic of Kazakhstan

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