On the ratification of the Agreement between the Republic of Kazakhstan and the Republic of India on the Provision of Legal Assistance in Civil Matters

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

Law of the Republic of Kazakhstan dated April 8, 2012 No. 7-V

To ratify The Agreement between the Republic of Kazakhstan and the Republic of India on the provision of legal assistance in civil matters, signed in Astana on April 16, 2011.

President of the Republic of Kazakhstan N. NAZARBAYEV

Agreement between the Republic of Kazakhstan and the Republic of India on the provision of Legal assistance in Civil Matters

The Republic of Kazakhstan and the Republic of India, hereinafter referred to as the "Contracting Parties", wishing to strengthen the bonds of friendship and fruitful cooperation between the two States in the judicial and legal fields, recognizing the need to simplify the provision of legal assistance in civil matters under this Treaty, have agreed as follows:

Article 1 General provisions

1. Within the framework of the implementation of this Agreement and in accordance with their national legislation, the Contracting Parties shall provide each other with mutual legal assistance in civil matters. 2. Legal assistance in accordance with this Agreement includes: 1) the service of court summonses and other court materials; 2) the demand for evidence through a request or instructions; 3) recognition and enforcement of judicial and arbitral awards. 3. The provisions of this Treaty shall not affect the rights and obligations of the Contracting Parties arising from other international treaties to which their States are parties. 4. This Treaty applies to all requests for mutual legal assistance in civil matters that have arisen after its entry into force.

Article 2 Central authorities and authentication of documents

1. Requests for legal assistance shall be made through the central authorities of the Contracting Parties. 2. The central authorities include: on the part of the Republic of Kazakhstan - the Ministry of Justice, on the part of the Republic of India - the Ministry of Law and Justice. Each of the Contracting Parties reserves the right to replace the central authority, which it immediately notifies the other Contracting Party through diplomatic channels. 3. Unless otherwise provided by this Agreement, all documents related to the provision of legal assistance, officially signed and sealed by a court or other competent authority, are certified by the central authority of the requesting Contracting Party. 4. All requests and accompanying documents must be submitted in duplicate and accompanied by a translation into the official language of the requested Contracting Party or English.

Article 3 Service of court summonses and other documents

1. Court summonses and other case materials are being transferred: 1) in the case of the Republic of India, through courts whose jurisdiction includes the consideration of cases involving relevant persons; 2) in the case of the Republic of Kazakhstan, through courts or other authorized bodies whose jurisdiction includes the consideration of cases involving relevant persons. 2. The service of court summonses and other court documents is carried out in accordance with the national legislation of the requested Contracting Party or by a special method determined by the requesting Contracting Party, unless this method contradicts the national legislation of the requested Contracting Party. 3. Court summonses and other court documents sent under this Agreement, which are considered official in the territory of one Contracting Party, have the evidentiary value of official documents in the territory of the other Contracting Party. 4. The provisions of paragraph 1 of this Article do not violate the rights of the Contracting Parties to serve court summonses and other court documents to their citizens in the territory of the other Contracting Party through their diplomatic missions or consular offices without using any violent methods. Delivery in these cases does not entail responsibility on the part of the receiving State. 5. Subpoenas and other court documents subject to the provisions of paragraph 2 of this article may be sent through postal channels or delivered to the addressee, who accepts them voluntarily. 6. Any claim against an addressee who is a national of the Contracting Party in whose territory the service is to be performed shall be determined in accordance with the national legislation of that Contracting Party.

Article 4 Content of the request for the service of court documents

The request for the service of a court summons and other court documents must contain the names and surnames of the persons relevant to the request, information about their nationality, occupation and residence or place of residence, and a list of documents to be served to this person. If the delivery of the documents provides for a different method of delivery, this should also be indicated in the content of the request.

Article 5 Execution of the request for the service of court documents

1. A request for the service of a subpoena and other judicial documents provided for in this Treaty may not be refused unless the requested Contracting Party considers that the provision of legal assistance is detrimental to its sovereignty, security or public order. 2. A court summons may be refused on the grounds that the request does not contain sufficient legal grounds on the merits of the case. 3. If the subpoena cannot be served, the requested Contracting Party shall immediately notify the requesting Contracting Party of the reasons for this.

Article 6 Service of court documents

1. The authorized body of the requested Contracting Party shall serve documents and court summonses in accordance with its national legislation. Payment or expenses for the delivery of documents cannot be withheld. 2. The service of court documents may be carried out in a manner specified by the requesting Contracting Party, if this does not contradict the legislation of the requested Contracting Party, indicating the subject of further payment of expenses related to the special service method.

Article 7 Confirmation of the delivery of documents and court summonses

1. The powers of the competent authorities of the requested Contracting Party are limited to the delivery of judicial documents to the recipient. 2. The service is confirmed by the recipient's signature on a copy of the court document or summons or by a certificate issued by the competent authority, which indicates the recipient's name, date and method of service and, in the case when service cannot be carried out, the relevant reasons are indicated. 3. A copy of the court document or a document signed by the recipient, or a certificate confirming receipt of the documents, is sent to the requesting competent authority through the central authority. 4. In case of non-delivery, the central authority of the requested Contracting Party must immediately return the original court documents and documents with a written statement of the reasons for non-delivery to the central authority of the requesting Contracting Party.

Article 8 The demand for evidence

1. Judicial authorities or other authorized bodies of one Contracting Party, in accordance with their national legislation, may request the reclamation of evidence in civil cases by written request to the competent judicial authorities or other authorized bodies of the other Contracting Party. 2. For the purposes of this Agreement, the demand for evidence includes: 1) requesting statements and witness statements of the parties in accordance with the national legislation of the requested Contracting Party; 2) provision, identification or verification of documents, records, material evidence requested and submitted by the person whose testimony was taken in accordance with subparagraph 1) this article. 3. The written request states: 1) the judicial authority or other authorized body requesting evidence; 2) the nature of the case in which evidence is requested and all necessary information on the matter; 3) the names and addresses of the parties to the case; 4) the requested evidence; 5) the names and addresses of the persons to be questioned. 4. If necessary, the written request is accompanied by a list of questions to be asked to witnesses or other interested persons on the subject of the dispute, or a description of the subject of the dispute on which the relevant persons are being questioned, as well as the necessary documents for obtaining evidence or a statement.

Article 9 Execution of a request for evidence

1. The competent authorities of the requested Contracting Party shall execute the request in accordance with their national legislation and require evidence, apply the same methods and procedures as permitted by their national legislation, including appropriate methods of coercion. 2. The requested Contracting Party shall follow the special procedure or procedure specified in the request, unless this is contrary to its national legislation. 3. The request is executed as soon as possible. 4. The requesting Contracting Party should, at its request, be informed of the time and place of the trial so that the parties to the case or their representatives, if any, can participate in it. The information is sent directly to the parties or their representatives together with the request of the requesting Contracting Party. 5. If the request is executed, the necessary documents confirming its execution are sent to the requesting Contracting Party. 6. If the request is not fully executed or partially executed, the requesting Contracting Party is notified of this, indicating the reasons for non-fulfillment.

Article 10 Refusal to fulfill the request

1. The request may be refused in the following cases:: 1) if the execution of the request does not fall within the competence of the courts or other competent authorities of the requested Contracting Party; 2) if the requested Contracting Party considers that the execution of the request violates the sovereignty and security of the State. 2. The execution of a request may not be refused solely on the grounds that, according to its national legislation, the requested Contracting Party has exclusive jurisdiction over the subject matter of the judicial proceedings or does not have the right to conduct them.

Article 11 Reimbursement of expenses for the execution of requests

The execution of the request and the demand for evidence by the requested Contracting Party does not entail the payment of expenses to the requesting Contracting Party. However, the requested Contracting Party has the right to claim compensation related to: 1) expenses, expenses paid to witnesses, experts or interpreters; 2) expenses, expenses incurred as a result of using a special method in the execution of the request.

Article 12 The demand for evidence by a diplomatic representative or consular officer

A diplomatic agent or consular officer of either Contracting Party may request evidence in the territory of the other Contracting Party without applying coercive measures against nationals of the Contracting Party he represents, in order to assist judicial proceedings initiated in the courts of the Contracting Party he represents.

Article 13 Recovery of evidence by other persons

A person duly appointed by the courts of the requesting Contracting Party may, without coercion, claim evidence in the territory of the other Contracting Party in accordance with its legislation.

Article 14 Recognition and enforcement of a court decision

1. Each of the Contracting Parties, in accordance with its national legislation, recognizes and/or executes decisions rendered by the courts of the other Contracting Party in civil cases. 2. The term "judicial decision" used in this Treaty means any decision taken in judicial proceedings by the competent courts of the Contracting Parties. 3. This Agreement does not apply to temporary or additional measures or court decisions issued in cases related to creditors' claims in the event of bankruptcy, as well as the collection of taxes, fines and other mandatory payments to the budget.

Article 15 Powers and status of a person

The courts of the Contracting Party of which the person is a national at the time of filing the claim should be competent to consider proceedings concerning the issue of authority or status of a person.

Article 16 Definition of property rights

Ownership of immovable property is determined by the courts of the Contracting Party at the location of the property.

Article 17 Jurisdiction of the courts

With the exception of cases concerning the powers and status of a person or immovable property, the courts of the requested Contracting Party shall exercise jurisdiction in the following cases:: 1) if, at the time of filing the claim, the defendant has a place of residence or resides in its territory; 2) if, at the time of filing the claim, the defendant has a legal entity (enterprise/institution) or its branch in its territory, and the claim is related to the activities of such a legal entity (enterprise/institution) or its branch in its territory; 3) if, by direct or indirect agreement between the plaintiff and the defendant, contractual obligations in connection with which legal proceedings have been initiated are being fulfilled or should be fulfilled on its territory; 4) if an action has been carried out on its territory that entailed non-contractual liability; 5) if the defendant has explicitly or indirectly recognized the jurisdiction of its courts and this is not contradicts its national legislation; 6) taking additional measures if its courts are authorized to hear the main dispute by virtue of the provisions of this Treaty.

Article 18 Grounds for recognition and/or enforcement of a court decision

1. The requested court of a Contracting Party shall recognize and execute the judgment in accordance with its national legislation. 2. The requested court of the Contracting Party shall examine the judgment for its compliance with the terms of this Agreement. 3. The requested court of a Contracting Party may request additional information regarding the procedures relating to the recognition and/or enforcement of a judgment under this Treaty.

Article 19 Refusal to recognize and execute a court decision

Recognition and enforcement of a court decision may be refused if, in accordance with the national legislation of the requested Contracting Party, this court decision cannot be recognized and enforced.

Article 20 Procedures concerning the recognition and/or enforcement of a court decision

Procedures regarding the recognition and/or enforcement of a court decision should be applied in accordance with the national legislation of the requested Contracting Party.

Article 21 Competent Court

1. When recognizing and/or executing a court decision, the competent judicial authority of the requested Contracting Party does not review the case on the merits and must ensure that the court decision complies with the conditions provided for in this Agreement and indicate the results of this in its decision. 2. When executing a court decision, the competent judicial authority of the requested Contracting Party, unless provided for by national legislation, shall take such necessary measures for public access as would take place during the examination in the territory of the requesting Contracting Party. 3. The execution of a court decision may be ensured in whole or in part by the competent judicial authority of the requested Contracting Party, if the execution of the court decision can be carried out in part.

Article 22 List of documents to be submitted for the recognition and/or execution of a court decision

The central authority of the requesting Contracting Party, which sends a request for recognition or enforcement of a court decision through the central authority of the requested Contracting Party. must submit the following: 1) an official copy of the court decision in proper form; 2) a certificate stating that the court decision is final and enforceable, unless this is indicated in the court decision itself; 3) in the case of a court decision made in absentia, a certified copy of the summonses or other documents certifying that the defendant has been properly notified.; 4) a document confirming the partial execution of a court decision, if partial execution is permissible.

Article 23 Settlement of claims (settlement agreement)

1. The settlement of claims (settlement agreement) reached and approved by the competent court of either Contracting Party, authorized to consider claims in accordance with their national legislation, is recognized and executed in the territory of the other Contracting Party after it is fulfilled that it is enforceable in the State of its conclusion and does not contradict the national legislation of the requested Contracting Party.

Article 24 Arbitral awards

1. Without prejudice to the provisions of articles 20 and 23 of this Treaty, arbitral awards that have been rendered in the territory of one of the Contracting Parties shall be recognized and enforced by the other Contracting Party, provided that: 1) the decision of the arbitrators is based on the written consent of the parties to the court proceedings, who had the purpose of transferring to them the resolution of any dispute arising from legal relations; 2) an arbitral award has been rendered in respect of an issue that may be the subject of arbitration in accordance with the legislation of the requested Contracting Party for the recognition and enforcement of the judgment of the court of the requesting Contracting Party. 2. The Contracting Party requesting recognition or enforcement of the award shall provide a copy of the award and a court certificate confirming that the award can be enforced. 3. A certified copy of the agreement between the disputing parties authorizing the arbitrators to resolve the dispute is also provided.

Article 25 Additions and amendments

By mutual agreement of the Contracting Parties, amendments and additions may be made to this Treaty, formalized by the relevant protocol, which enter into force in accordance with the procedure provided for in paragraph 1 of Article 27 of this Treaty.

Article 26 Consultations

At the request of either Contracting Party, they shall consult on the interpretation and application of this Treaty.

Article 27 Ratification and termination

1. This Treaty is subject to ratification and shall enter into force on the date of the exchange of instruments of ratification. 2. This Agreement shall be concluded for an indefinite period and shall remain in force until the expiration of six months from the date of receipt by one of the Contracting Parties through diplomatic channels of a written notification by the other Contracting Party of its intention to terminate it. Done in Astana on April 16, 2011, in two copies, each in Russian, Hindi and English, all texts are authentic. In case of a discrepancy, the English text will prevail.

For the Republic of Kazakhstan The Republic of India

The RCPI's note. The following is the text of the Agreement in Hindi and English.

President

Republic of Kazakhstan

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