On the ratification of the Agreement between the Republic of Kazakhstan and the Republic of Azerbaijan on Legal Assistance and Legal Relations in Civil Matters

Home / RLA / On the ratification of the Agreement between the Republic of Kazakhstan and the Republic of Azerbaijan on Legal Assistance and Legal Relations in Civil Matters

Law of the Republic of Kazakhstan dated May 20, 1999 No. 387

To ratify the Agreement between the Republic of Kazakhstan and the Republic of Azerbaijan on Legal Assistance and Legal Relations in Civil Matters, concluded in Almaty on June 10, 1997.

President of the Republic of Kazakhstan

Agreement between the Republic of Kazakhstan and the Republic of Azerbaijan  The Law on Legal Assistance and Legal Relations in Civil Matters

 (Bulletin of International Treaties of the Republic of Kazakhstan, 2001, No. 4, art. 33) (Entered into force on May 7, 2000 - J. "Diplomatic Courier", special issue No. 2, September 2000, p. 181)

The Republic of Kazakhstan and the Republic of Azerbaijan, hereinafter referred to as the Contracting Parties, guided by generally recognized norms of international law, proceeding from the desire to ensure equal legal protection of property and personal non-property rights of citizens of both Contracting Parties, attaching great importance to the development of legal cooperation in civil matters, have agreed as follows:

Section 1

 General provisions

 Part I

Legal protection

Article 1

Provision of legal protection 1. Citizens of each Contracting Party, as well as other persons permanently residing in its territory, shall enjoy the same legal protection in the territory of the other Contracting Party in respect of their property and personal non-property rights as citizens of that Contracting Party. 2. Citizens of each of the Contracting Parties, as well as other persons residing on its territory, have the right to freely and unhindered apply to the courts, prosecutor's office, judicial authorities and other institutions of the other Contracting Party, whose competence includes civil cases (hereinafter referred to as "judicial institutions"), may act in them, initiate petitions, present to file lawsuits and carry out other procedural actions on the same terms as the citizens of this Contracting Party. 3. The provisions of this Agreement shall apply respectively to legal entities established in the territories of the Contracting Parties, in accordance with their legislation.

Article 2  Exemption from payment of duties and reimbursement of costs 1. Citizens of each of the Contracting Parties and other persons permanently residing in its territory shall be exempt from payment and reimbursement of court and notary fees and costs in the territory of the other Contracting Party, as well as enjoy free legal aid on the same terms and to the same extent as citizens of this Contracting Party. 2. The benefits provided for in paragraph 1 of this article apply to all procedural actions carried out in a particular case, including the execution of a decision.

Article 3 Submission of documents on personal, family and property status 1. The benefits provided for in Article 2 of this Agreement are provided on the basis of documents on the personal, family and property status of the person filing the application for benefits. These documents are issued by the competent institutions of the Contracting Party in whose territory the person is domiciled or domiciled. 2. If the person initiating the application does not have a place of residence or domicile in the territory of the Contracting Parties, the documents provided for in paragraph 1 of this Article may be issued to him by the appropriate diplomatic mission or consular institution of the Contracting Party of which he is a national.

Part II

 Legal assistance

 Article 4

Scope of legal assistance

The judicial institutions of the Contracting Parties provide each other with legal assistance by performing procedural and other actions provided for by the legislation of the requested Contracting Party, including: a) drawing up and forwarding documents, providing originals or certified copies of relevant documents and materials, including banking, financial, legal and business documents; b) conducting an inspection and examination; c) conducting an expert examination; d) interrogating parties, witnesses, experts; e) providing court documents; f) recognition and enforcement of court decisions in civil and family cases, verdicts in criminal cases regarding a civil claim, and executive orders.  

Article 5  The order of intercourse When providing legal assistance, the judicial institutions of the Contracting Parties communicate with each other through the central authorities, unless this Agreement establishes a different procedure for communication. The central authorities are the Ministry of Justice for the Republic of Kazakhstan and the Ministry of Justice for the Republic of Azerbaijan.

 Article 6 Content of the request for legal assistance 1. The request for legal assistance must contain: a) the name of the requesting judicial institution and the name of the requested judicial institution; b) the name of the case in which legal assistance is requested, a statement of the purpose of the request and a description of the requested assistance; c) the names and surnames of the parties, witnesses, information about their place of residence or residence, nationality, occupation, for legal entities - their name and location; (d) If representatives of the persons referred to in subparagraph (c) are present, their names, surnames and addresses; (e) the reasons for the application and a detailed description of the specific procedure required; (f) in criminal cases, information on the amount of material damage if it was caused as a result of the act; (g) an indication of the time limits, during which time the request is expected to be fulfilled when necessary. 2. If necessary, duly certified copies of documents or extracts from them are attached to the request to facilitate the execution of the request. 3. The exact address of the recipient and the name of the documents must also be indicated in the request for delivery of documents. 4. The request must be signed by the relevant official and stamped with the stamp of the requesting institution of justice.

 Article 7  Execution procedure 1. When executing a request for legal assistance, the requested judicial institution applies the legislation of its State. 2. If the requested judicial institution is not competent to comply with the request for legal assistance, it will forward the request to the competent institution and notify the requesting judicial institution accordingly. 3. At the request of the requesting judicial institution, the requested judicial institution shall promptly inform it and the parties concerned of the time and place of execution of the request for legal assistance, so that they may be present at the execution of the request, if permitted by the legislation of the requested Contracting Party. 4. The judicial institutions of the Contracting Parties shall take the necessary measures for the timely and full execution of requests for legal assistance. After executing the request, the judicial institution, if necessary, returns to the requesting judicial institution the documents that were attached to the request for legal assistance. 5. In the event that legal assistance cannot be provided in accordance with article 19 of this Treaty, the requested judicial institution shall return to the requesting judicial institution the request for legal assistance and the attached documents.

Article 8 Calling of witnesses, plaintiffs, 1. The defendants, their representatives, and experts. If necessary, witnesses, plaintiffs, defendants, their representatives, and experts located in the territory of the other Contracting Party may be called to participate in the consideration of the case in court in the territory of one Contracting Party. 2. The witness, the defendant and their representatives, as well as the expert, who, upon a summons served by the judicial institution of the requested Contracting Party, appeared at the judicial institutions of the requesting Contracting Party, may not, regardless of their nationality, be brought to criminal or administrative responsibility in the territory of this Contracting Party, taken into custody or punished in connection with by any act committed before crossing its state border. These persons may also not be held criminally or administratively liable, detained, or punished in connection with their testimony or expert opinions in the case being the subject of the proceedings. 3. The persons referred to in paragraph 2 of this Article shall lose the guarantees provided for in this paragraph if they do not leave the territory of the requesting Contracting Party, although they have the opportunity to do so, after 15 days from the day when the judicial institution interrogating them informs them that their presence is no longer necessary. This period does not include the time during which these persons could not leave the territory of the requesting Contracting Party through no fault of their own. 4. The witness or expert is reimbursed by the requesting Contracting Party for expenses related to travel and stay in the requesting State, as well as unpaid wages for days of absence from work. The expert is also entitled to remuneration for conducting the examination. The summons must specify which payments the called persons are entitled to receive. At the request of such persons, the judicial institutions of the requesting Contracting Party shall pay them an advance payment to cover the relevant costs. 5. Summoning the plaintiff and the defendant, a witness or an expert residing in the territory of one of the Contracting Parties, to the judicial institution of the other Contracting Party should not contain the threat of using means of coercion in case of non-appearance.

 Article 9  Procedure for the delivery of documents 1. The judicial institutions of the requested Contracting Party shall carry out the delivery of documents in accordance with the request and the rules in force in the territory of this Contracting Party. 2. If the documents cannot be delivered to the address indicated in the request, the requested judicial institution shall take the necessary measures to establish the address in accordance with the legislation of its State. In the event that it is impossible to establish the address, the requested judicial institution notifies the requesting judicial institution and returns the documents to be served to it.

 Article 10 Confirmation of delivery of documents The confirmation of the documents' delivery is executed in accordance with the rules in force in the territory of the requested Contracting Party. The confirmation must specify the method, place and time of delivery, as well as the person to whom the documents were delivered. Confirmation of the documents' delivery is sent to the requesting justice institution.

Article 11 The powers of diplomatic missions and consular institutions The Contracting Parties have the right to serve documents and interrogate their own citizens located in the territory of the other Contracting Party through their diplomatic missions or consular institutions. At the same time, coercive measures or the threat of their use may not be applied.

 Article 12 Validity of documents 1. Documents that are produced or certified in the territory of one of the Contracting Parties by an institution or a specially authorized person within their competence and in accordance with the prescribed form and stamped with an official seal, are accepted in the territory of the other Contracting Party without any special certificate. 2. Documents that are considered official documents in the territory of one of the Contracting Parties shall enjoy the evidentiary value of official documents in the territory of the other Contracting Party.

Article 13  Forwarding of documents on civil status and other documents 1. The judicial institutions of the Contracting Parties shall, upon request and free of charge, send directly to each other certificates of registration of acts of civil status, documents on education, work experience and other documents relating to property and personal non-property rights and interests of citizens of their states and other persons permanently residing in the territory of the Contracting Parties. 2. The documents referred to in paragraph 1 of this Article may be forwarded by the judicial institutions of the Contracting Parties without translation and free of charge to directly interested persons residing in the territory of the other Contracting Party upon their request.  

 Article 14 Identification of addresses and other data 1. Upon request, the judicial institutions of the Contracting Parties shall assist each other, in accordance with the legislation of their States, in establishing the addresses of persons residing in the territories of the Contracting Parties, if this is necessary for the exercise of citizens' rights. At the same time, the requesting justice institution shall provide the information available to it that may help in establishing the address of the person indicated in the request. 2. The judicial institutions of the Contracting Parties shall assist each other in establishing the civil status, place of work or occupation and income of persons residing in the territory of the Contracting Party to whom property claims in civil and criminal matters have been filed in the judicial institutions of the requesting Contracting Party. 3. When providing legal assistance in accordance with this article, the judicial institutions of the Contracting Parties communicate with each other as through their central authorities.

Article 15 Upon request, the central authorities of the judicial institutions of the Contracting Parties shall provide each other with information on the legislation in force or in force in their States and on the practice of its application by judicial institutions, as well as other information on legal issues.

 Article 16  Languages 1. The judicial institutions of the Contracting Parties shall use Kazakh, Azerbaijani and Russian languages in their relations with each other when implementing this Agreement. 2. Documents sent in the language of the requested Contracting Party shall be accompanied by a translation into the language of the requesting Contracting Party or into Russian, unless otherwise provided by this Agreement. 3. Confirmation of the correctness of the written translation of documents is carried out in accordance with the legislation of the Contracting Parties and the provisions of this Agreement.

Article 17 Expenses related to the provision of legal assistance The requested Contracting Party will not claim reimbursement for the costs of providing legal assistance. The Contracting Parties themselves shall bear all costs incurred in providing legal assistance in their territories, unless otherwise provided by this Agreement.

 Article 18 Refusal to provide legal assistance 1. A request for legal assistance may be refused in whole or in part if its execution may entail a violation of human rights, damage the sovereignty or security of the State, or contradict the legislation of the requested Contracting Party. 2. In the event of a decision to refuse the request, the requested Contracting Party shall notify it in writing, indicating the reasons for the refusal.

 Section II

Legal relations in civil cases

Part I

Competence

 Article 19

General provisions 1. Unless otherwise specified in Parts II-V of this section, claims against persons domiciled in the territory of one of the Contracting Parties shall be filed, regardless of their nationality, in the courts of that Contracting Party, and claims against legal entities shall be filed in the courts of the Contracting Party in whose territory the governing body of the legal entity, its representative office or branch office is located.. 2. The courts at the location of the property are exclusively competent in cases of claims for ownership and other property rights to immovable property. Claims against carriers arising from contracts for the carriage of goods, passengers and baggage are filed at the location of the management of the transport organization to which the claim was filed in accordance with the established procedure.  

Article 20 Contractual jurisdiction The courts of the Contracting Parties may also consider cases in other cases if there is a written agreement between the parties to refer the dispute to these courts. In this case, the exclusive competence arising from paragraph 2 of Article 19 and other norms established by parts II-V of this section, as well as the legislation of the relevant Contracting Party, may not be changed by agreement of the parties.

 Article 21

The relationship of lawsuits

1. If proceedings are initiated between the same parties on the same subject and on the same grounds in the courts of both Contracting Parties, the court that initiated the case later shall terminate the proceedings. 2. A counterclaim arising from the same legal relationship as the main claim is subject to review by the court that is considering the main claim.

 Part II

Personal status

Article 22

 Legal capacity and legal capacity 1. The legal capacity of an individual is determined by the legislation of the Contracting Party of which that person is a national. 2. The legal capacity of a stateless person is determined by the law of the country in which he has permanent residence. 3. The legal capacity of a legal entity is determined by the legislation of the Contracting Party in whose territory it was established.  Article 23 Recognition of limited legal capacity or incapacity. Restoration of legal capacity 1. In cases concerning the recognition of a person as having limited legal capacity or incapacity for work, with the exception of the cases provided for in paragraphs 2 and 3 of this article, the court of the Contracting Party of which the person is a national is competent. 2. If the court of one Contracting Party becomes aware of the grounds for recognizing a person permanently residing in its territory who is a citizen of the other Contracting Party as having limited legal capacity or incapacity, it will notify the court of the Contracting Party of which the person is a citizen. 3. If the court of a Contracting Party, which has been notified of the grounds for recognition as having limited legal capacity or incapacity, does not initiate proceedings within three months or does not provide its opinion, the case for recognition as having limited legal capacity or incapacity will be considered by the court of the Contracting Party in whose territory this citizen resides. The decision on recognizing a person as having limited legal capacity or incapacity for work is sent to the competent court of the Contracting Party of which the person is a national. 4. The provisions of paragraphs 1-3 of this article shall apply accordingly to the restoration of legal capacity. 5. In the cases provided for in paragraphs 2 and 3 of this article and which are urgent, the measures necessary to protect a person or his property may be independently taken by the court of the Contracting Party in whose territory the person resides. Decisions taken in connection with these measures are sent to the court of the Contracting Party of which the person is a national.  

Article 24  Recognition of missing persons and declaration of deceased.  Establishing the fact of death 1. In cases concerning the recognition of a person as missing or declared dead, and in cases concerning the establishment of the fact of death, the courts of the Contracting Party of which the person was a national at the time when, according to the latest information, he was alive are competent, and in respect of other persons - at the person's last place of residence. 2. The courts of each of the Contracting Parties may recognize a citizen of the other Contracting Party and another person residing in its territory as missing or deceased, as well as establish the fact of his death at the request of interested persons residing in its territory, whose rights and interests are based on the legislation of that Contracting Party. 3. The courts of the Contracting Parties shall apply the legislation of their State when considering cases of missing persons or declaring deceased and cases of establishing the fact of death.  

Part III Family matters Article 25 Marriage The conditions of marriage are determined for each of the persons entering into marriage by the legislation of the Contracting Party of which he is a national, and for stateless persons by the legislation of the Contracting Party that is their permanent place of residence. In addition, with regard to obstacles to marriage, the requirements of the legislation of the Contracting Party in whose territory the marriage is concluded must be observed.  

 Article 26 Legal relations of spouses 1. The property and personal non-property legal relations of the spouses are determined by the legislation of the Contracting Party in whose territory they  Article 26 Legal relations of spouses 1. The property and personal non-property legal relations of the spouses are determined by the legislation of the Contracting Party in whose territory they have joint residence. 2. If one of the spouses resides in the territory of one of the Contracting PartieIf one of the spouses resides in the territory of one of the Contracting Parties and the other in the territory of the other Contracting Party, and both spouses have the same nationality, their property and personal non-property relations are determined by the legislation of the Contracting Party of which they are citizens. 3. If one of the spouses is a citizen of one Contracting Party aIf one of the spouses is a citizen of one Contracting Party and the other of the other Contracting Party, and one of them resides in the territory of one and the other in the territory of the other Contracting Party, their property and personal non-property relations shall be determined by the legislation of the Contracting Party in whose territory they had their last joint residence. 4. If the persons referred to in parIf the persons referred to in paragraph 3 of this Article did not have joint residence in the territory of the Contracting Parties, the legislation of the Contracting Party whose judicial institution is considering the case shall apply. 5. The legal relations of the spouses concerning their immovable property are determined by the legislation of the Contracting Party in whose territory this property is located. 6. The judicial institutions of the Contracting Party, whose legislation is subject to application in accordance with paragraphs 1-3, 5 of this Article, are competent in cases of property and personal non-property legal relations between spouses.  

Article 27  Dissolution of marriage 1. In cases of divorce, the legislation of the Contracting Party of which the spouses are citizens at the time ofle 27  Dissolution of marriage 1. In cases of divorce, the legislation of the Contracting Party of which the spouses are citizens at the time of filing the application is applied. 2. If one of the spouses is a citizen of one Contracting Party and the other is a citizen of the other Contracting Party, the legislation of the Contracting Party whose judicial institution is considering the case of divorce shall apply.  

 Article Article 28  Competence of the judicial institutions of the Contracting Parties 1. In cases of divorce in the case provided for in paragraph 1 of Article 27, the judicial institutions of the Contracting Party of which the spouses are citizens at the time of filing the application are competent. If, at the time of filing the application, both spouses reside in the territory of the other Contracting Party, the judicial institutions of that Contracting Party are also competent. 2. In cases of divorce in the case provided for in paragraph 2 of Article 27, the judicial institutions of the Contracting Party in whose territory both spouses reside are competent. If one of the spouses resides in the territory of one Contracting Party and the other in the territory of the other Contracting Party, the judicial institutions of both Contracting Parties in whose territories the spouses reside are competent in cases of divorce.

Article 29 Recognition of marriage as invalid 1. In cases of recognition of marriage as invalid, the legislation of the Contracting Party is applied, which, in accordance with Article 25, was applied at the time of marriage. 2. The competence of judicial institutions in cases of recognition of marriage as invalid shall be determined in accordance with article 28.  

Article 30  Establishing and challenging paternity The establishment and challenge of paternity is determined by the legislation of the Contracting Party of which the child is a citizen by birth.

Article 31 Legal relations between parents and children 1. The legal relationship between parents and children is determined by the legislation of the Contracting Party in whose territory the children permanently reside. 2. The legal relationship between an illegitimate child and his mother and father is determined by the legislation of the Contracting Party of which the child is a national. 3. In cases of recovery of alimony from adult children, the legislation of the Contracting Party in whose territory the person applying for alimony is domiciled is applied. 4. In cases of legal relations between parents and children, the court of the Contracting Party whose legislation is to be applied in accordance with paragraphs 1, 2, 3 of this Article is competent.  

Article 32 Guardianship and guardianship 1. The establishment or cancellation of guardianship or guardianship is carried out according to the legislation of the Contracting Party of which the person in respect of whom guardianship or guardianship is established or cancelled is a national. 2. The legal relationship between a guardian or trustee and a person under guardianship or guardianship is regulated by the legislation of the Contracting Party whose institution appointed the guardian or trustee. 3. The obligation to accept guardianship or trusteeship is established by the legislation of the Contracting Party of which the person appointed guardian or trustee is a national. 4. A citizen of the other Contracting Party may be appointed as the guardian or trustee of a person who is a citizen of one Contracting Party, if he resides in the territory of the Party where guardianship or trusteeship will be carried out.  

Article 33  The competence of the institutions of the Contracting Parties in matters of guardianship and guardianship In cases concerning the establishment or revocation of guardianship and guardianship, the institutions of the Contracting Party of which the person in respect of whom guardianship or guardianship is established or revoked is competent, unless otherwise provided by this Agreement.

Article 34 Procedure for taking measures on guardianship and trusteeship 1. If it is necessary to take guardianship or guardianship measures in the interests of a citizen of one Contracting Party whose residence, residence or property is located in the territory of the other Contracting Party, the institution of that Contracting Party shall immediately notify the institution competent in accordance with Article 33.2. In urgent cases, the institution of the other Contracting Party may itself take the necessary interim measures in accordance with its legislation. At the same time, it is obliged to immediately notify the institution competent in accordance with article 33. These measures remain in force until a different decision is taken by the institution referred to in article 33.

 Article 35 Adoption 1. Adoption or its cancellation is determined by the legislation of the Contracting Party of which the child is a national. 2. If the child is a citizen of another Contracting Party, when adopting or canceling it, it is necessary to obtain the consent of the legal representative and the competent state authority, as well as the consent of the child, if required by the legislation of the Contracting Party of which he is a citizen. 3. If a child is adopted by spouses, one of whom is a citizen of one Contracting Party and the other is a citizen of the other Contracting Party, the adoption or its cancellation must be carried out in accordance with the legislation of the Contracting Party of which the child is a national. 4. In cases of adoption or its cancellation, the institution of the Contracting Party of which the child is a national is competent.

 Part IV Property legal relations

Article 36 Ownership 1. Ownership of immovable property is determined by the legislation of the Contracting Party in whose territory the immovable property is located. 2. Ownership of a vehicle is determined by the legislation of the Contracting Party in whose territory the authority that registered the vehicle is located. 3. The emergence and termination of ownership rights or other proprietary rights to property is determined by the legislation of the Contracting Party in whose territory the property was located at the time when the action or other circumstance that served as the basis for the emergence or termination of such a right took place. 4. The occurrence and termination of ownership rights or other proprietary rights to the property that is the subject of the transaction is determined by the legislation of the place of the transaction, unless otherwise provided by agreement of the parties.

Article 37

 The form of the transaction

1. The form of the transaction is determined by the legislation of the place of its commission. 2. The form of a transaction concerning immovable property and rights to it is determined by the legislation of the Contracting Party in whose territory such property is located.

Article 38

Attorney

The form and term of validity of the power of attorney are determined by the legislation of the Contracting Party in whose territory the power of attorney was issued.

Article 39

 Rights and obligations of the parties to the transaction

The rights and obligations of the parties to the transaction are determined by the legislation of the place of its commission, unless otherwise provided by agreement of the parties.

 Article 40  Compensation for harm 1. Obligations for compensation for harm are determined by the legislation of the Contracting Party in whose territory the action or other circumstance that served as the basis for the claim for compensation for harm took place. 2. If the harm-doer and the victim are nationals of the same Contracting Party, the legislation of that Contracting Party shall apply. 3. In the cases referred to in paragraphs 1 and 2 of this Article, the court of the Contracting Party in whose territory the action or other circumstance that served as the basis for the claim for damages took place is competent. The victim may also file a claim in the court of the Contracting Party in whose territory the defendant resides.

Article 41

Limitation period

The limitation period issues are resolved according to the legislation that is applied to regulate the relevant legal relationship.

Part V

Inheritance

 Article 42

 The principle of equality

Citizens of each of the Contracting Parties may inherit property or rights in the territory of the other Contracting Party by law or by will on equal terms and to the same extent as citizens of this Contracting Party.  

 Article 43 The right of inheritance 1. The right to inherit property, except in the case provided for in paragraph 2 of this Article, is determined by the legislation of the Contracting Party in whose territory the testator had his last residence. 2. The right to inherit immovable property is determined by the legislation of the Contracting Party in whose territory this property is located.  

Article 44 Transfer of inheritance to the State If, according to the legislation of a Contracting Party applicable to inheritance, the State is the heir, the movable inherited property shall pass to the Contracting Party of which the testator was a national at the time of death, and the immovable inherited property shall pass to the Contracting Party in whose territory it is located.

 Article 45 The will The ability of a person to make and revoke a will, as well as the form of the will and its revocation, are determined by the legislation of the State where the testator was domiciled at the time the act was drawn up. However, a will or its cancellation cannot be declared invalid due to non-compliance with the form, if the latter meets the requirements of the law of the place of its compilation.

Article 46  Competence in inheritance matters 1. The institutions of the Contracting Party in whose territory the testator was domiciled at the time of his death are competent to conduct proceedings on inheritance of movable property. 2. The institutions of the Contracting Party in whose territory the property is located are competent to conduct proceedings on inheritance of immovable property. 3. The provisions of paragraphs 1 and 2 of this article shall also apply to the consideration of disputes arising in connection with inheritance proceedings.  

Article 47 The competence of a diplomatic mission or consular institution in inheritance matters In cases of inheritance, including inheritance disputes, the diplomatic missions or consular offices of each of the Contracting Parties are competent to represent the citizens of their State if they are absent or have not appointed a representative, with the exception of the right to renounce inheritance, without a special power of attorney in the institutions of other Contracting Parties.

Article 48 Inheritance protection measures 1. Institutions of the Contracting Parties shall take, in accordance with their legislation, measures necessary to ensure the protection of inheritance left on their territories by citizens of the other Contracting Party. 2. The diplomatic mission or consular office of the Contracting Party of which the testator is a national shall be notified without delay of the measures taken in accordance with paragraph 1 of this Article. The specified representative office or institution may participate in the implementation of these measures. 3. At the request of the judicial institution competent to conduct inheritance proceedings, as well as the diplomatic mission or consular institution, the measures taken in accordance with paragraph 1 of this article may be changed, canceled or postponed.

 Article 49  Transfer of inheritance 1. If movable inherited property or a sum of money obtained from the sale of movable or immovable inherited property is subject, after the end of inheritance proceedings, to transfer to heirs whose domicile or residence is located in the territory of another Contracting Party, the inherited property or the amount of money obtained shall be transferred to the diplomatic mission or consular institution of that Contracting Party. 2. The institution responsible for inheritance issues orders the transfer of hereditary property to a diplomatic mission or consular institution. 3. This property may be transferred to heirs if: a) all claims of the testator's creditors filed within the time limit established by the legislation of the Contracting Party where the inherited property is located have been paid or secured; b) all inheritance-related fees have been paid or secured.; c) the competent institutions have given permission, if necessary, to export the inherited property. 4. The transfer of monetary amounts is carried out in accordance with the legislation in force in the territories of the Contracting Parties.  

Section III  Recognition and enforcement of decisions  Article 50  Recognition and enforcement of decisions Each of the Contracting Parties, under the conditions provided for in this Treaty, recognizes and executes the following decisions that have entered into force in the territory of the other Contracting Party: a) decisions of justice institutions in civil cases (hereinafter referred to as decisions); b) sentences of criminal courts in terms of compensation for damage caused by a crime; c) final decisions of the courts on arbitration (economic) cases.  

 Article 51  Recognition of decisions that do not require execution 1. Decisions rendered by the judicial institutions of each of the Contracting Parties that have entered into legal force and are not enforceable in nature shall be recognized in the territory of the other Contracting Party without special proceedings, provided that the judicial institutions of the requested Contracting Party have not previously rendered a final decision in this case. 2. The provisions of paragraph 1 of this article also apply to decisions on guardianship and trusteeship, as well as decisions made by civil registry offices.

 Article 52 Application for the enforcement of a decision 1. An application for the enforcement of a decision shall be submitted to the competent court of the Contracting Party where the decision is to be enforced. It can also be filed with the court, which ruled on the case in the first instance. This court shall forward the petition to the court competent to rule on the petition. 2. The application shall be accompanied by: a) the decision or a certified copy thereof, as well as an official document stating that the decision has entered into force and is enforceable, or it is enforceable before it enters into force, if this does not follow from the decision itself; b) a document from which it follows that the party against whom it was a 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 represented.; c) a document confirming the partial execution of the decision at the time of its transmission; d) a document confirming the agreement of the parties on matters of contractual jurisdiction. 3. The request for enforcement of the decision and the documents attached thereto shall be provided with a certified translation into the language of the requested Contracting Party or into Russian.

Article 53 Procedure for recognition and enforcement of judgments 1. An application for recognition and enforcement of judgments provided for in Article 52 shall be considered by the courts of the Contracting Party in whose territory the enforcement is to be carried out. 2. The court considering an application for recognition of the compulsory execution of a decision shall be limited to establishing that the conditions provided for in this Agreement have been met. If the conditions are met, the court issues a decision on compulsory execution. 3. The procedure for compulsory execution is determined by the legislation of the Contracting Party in whose territory the execution is to be carried out.  

 Article 54 Refusal to recognize and enforce decisions Recognition of the decisions provided for in Article 50 and a request for enforcement may be refused if: (a) in accordance with the legislation of the Contracting Party in whose territory the decision was made, it has not entered into force or is not enforceable, except in cases where the decision is enforceable before it enters into force.; b) the defendant did not participate in the trial due to the fact that he or his representative was not promptly and properly served with a summons to court; c) in a case between the same parties on the same subject and on the same grounds in the territory of the Contracting Party where the decision was to be recognized and executed, it had already been made a decision that has entered into legal force or there is a recognized court decision of a third state; d) according to the provisions of this Agreement, and in cases not provided for by it, according to the legislation of the Contracting Party in whose territory the decision is to be recognized and executed, the case falls within the exclusive competence of its institution; e) there is no document confirming the agreement of the parties on the case of contractual jurisdiction; f) the limitation period for compulsory enforcement provided for by law has expired Of the Contracting Party whose court is considering the application for recognition and enforcement of the decision.

 Section IV Final provisions

Article 55  Issues of application of this Agreement 1. The issues arising from the application of this Agreement shall be resolved by the competent judicial institutions by mutual agreement. If necessary, a joint commission may be formed from representatives of the relevant government agencies of the Contracting Parties in order to resolve the differences that have arisen. 2. The central bodies of the justice institutions of the Contracting Parties may conclude interdepartmental agreements on the application of the provisions of this Treaty.

Article 56

 Relation to other international treaties

The provisions of this Treaty shall not affect the obligations of the Contracting Parties arising from other international treaties to which the Contracting Parties are parties.

Article 57

 Making additions and changes

Additions and amendments may be made to this Agreement by mutual agreement of both Contracting Parties.

Article 58

 Entry into force

This Treaty is subject to ratification and will enter into force on the thirtieth day after the date of the exchange of instruments of ratification.

Article 59

 Action in time

This Agreement also applies to legal relations that arose before its entry into force.

Article 60  Validity period 1. This Agreement will be valid for five years from the date of entry into force, and its validity period is automatically extended for subsequent five-year periods. 2. Each of the Contracting Parties may denounce this Agreement by notifying the other Contracting Party in writing at least six months before the end of the next five-year period. The Agreement shall expire after six months from the date of receipt by the other Contracting Party of such notification. Done on June 10, 1997, in two copies, each in the Kazakh, Azerbaijani and Russian languages, all texts being authentic. In cases of disagreement in the interpretation of the provisions of this Treaty, the Contracting Parties will use the text in Russian.

President

Republic of Kazakhstan

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