On the ratification of the Agreement between the Republic of Kazakhstan and Ukraine on the transfer of persons sentenced to imprisonment for further serving their sentences

Home / RLA / On the ratification of the Agreement between the Republic of Kazakhstan and Ukraine on the transfer of persons sentenced to imprisonment for further serving their sentences

The Law of the Republic of Kazakhstan dated April 28, 2000 No. 43

To ratify the Agreement between the Republic of Kazakhstan and Ukraine on the transfer of persons sentenced to imprisonment for further serving their sentences, signed in Kiev on September 17, 1999. President of the Republic of Kazakhstan

Agreement between the Republic of Kazakhstan and Ukraine on the transfer of persons sentenced to imprisonment for further serving their sentences (Entered into force on July 21, 2000 - Bulletin of International Treaties of the Republic of Kazakhstan, 2001, No. 5, art. 48)

The Republic of Kazakhstan and Ukraine, hereinafter referred to as the "Contracting Parties The Parties", based on the principles of state sovereignty, equality and mutual respect; based on the norms of international law and desiring to develop interstate cooperation in the field of criminal law; considering that the serving of sentences by convicts in the State of which they are citizens contributes to a more effective achievement of the goal of punishment, the return of offenders to normal life in society; Guided by the principles of humanism and respect for human rights, we have agreed on the following:

Article 1 1. For the purposes of this Treaty, the following terms mean: 1) "Sentencing State" - the Contracting Party whose court has sentenced a person to imprisonment; 2) "State of enforcement" - the Contracting Party to which a person sentenced to imprisonment and who is its national is transferred to serve his sentence. 3) "Convicted person" means a person convicted by a court of one of the Contracting Parties. The Parties for the commission of a crime are liable to imprisonment; 4) "Close relatives" - persons who are related - for the Republic of Kazakhstan: parents, spouse, children, adoptive parents, adopted children, full and half siblings, grandfather, grandmother, grandchildren; for Ukraine: mother, father, husband, wife, children, siblings, grandchildren, grandparents, adoptive parents, adopted children; 5) "Competent authorities" - the authorities of the Contracting Parties executing the punishment; 6) "Central authorities": for the Republic of Kazakhstan - the state body that, in accordance with the national legislation of the Republic of Kazakhstan, makes decisions on the transfer of persons sentenced to imprisonment for further serving their sentences; for Ukraine - the Ministry of Justice of Ukraine. 2. Regarding the execution of this Agreement, the competent authorities The Contracting Parties communicate with each other through the central authorities.

Article 2 The Contracting Parties undertake, in accordance with the terms of this Agreement To transfer, at the request of each other, convicted persons who are serving sentences in places of deprivation of liberty for crimes committed on the territory of the sentencing State and have the nationality of another Contracting Party to serve their sentences in the State of execution.

Article 3 1. A convicted person may be transferred in accordance with this Agreement only if: 1) if this person is a citizen of the State of execution of the sentence; 2) if the sentence has entered into legal force; 3) if, at the time of receiving the transfer request, the convicted person must still serve his sentence for at least six months; 4) if the convicted person agrees to transfer, or when, taking into account his age or physical or mental condition, one of the Contracting Parties or close relatives, or a legal representative of the convicted person considers it necessary; 5) if the act for which the sentence was imposed is a crime, according to the legislation of the state of enforcement of the sentence; 6) if the material damage caused by the crime is compensated; 7) if the sentencing State and the State of execution of the sentence agree to the transfer of the convicted person. 2. The possibility of transfer and its legal consequences to the convicted person or his legal representative should be explained by officials of the management bodies of the penal enforcement system of the sentencing State. 3. In exceptional cases, the Contracting Parties may agree to transfer the convicted person, even if he remains to serve a sentence of less than six months or if the material damage caused by the crime has not been fully compensated.

Article 4 The transfer of a convicted person is not carried out if: 1) the punishment cannot be executed on the territory of the State of enforcement of the sentence due to the expiration of the statute of limitations for criminal prosecution under the legislation of that State; 2) the requesting Contracting Party has not properly fulfilled the requirements of Article 7 of this Treaty; 3) in the territory of the State of execution of the sentence for the committed act, he was punished or acquitted, or his case was terminated, as well as if the person was released from punishment by the competent authority of that State.

Article 5 The Contracting Parties undertake obligations: 1) inform each other in writing through the central authorities about the imprisonment of citizens of the other Contracting Party, as well as their location; 2) explain and effectively provide the convicted persons, their legal representatives or close relatives with the opportunity to apply to the competent authorities of either Contracting Party with an application for transfer to the State of which they are citizens.

Article 6 1. The transfer of a convicted person to serve his sentence may be carried out on the proposal of the Contracting Party whose court passed the sentence, if the Contracting Party of which the convicted person is a national agrees to accept him for the execution of the sentence in compliance with the terms of this Agreement. 2. The Contracting Party of which the convicted person is a national may apply to the Contracting Party whose court has passed the sentence with a request to consider the possibility of transferring the convicted person.

Article 7 1. A request for the transfer of a convicted person shall be drawn up in writing and the competent authority of the sentencing State shall attach to it: 1) information about the convicted person's identity (surname, first name, patronymic, date and place of birth); 2) a document confirming the convicted person's citizenship; 3) the text of articles of the criminal law on the basis of which the persArticle 7 1. A request for the transfer of a convicted person shall be drawn up in writing and the competent authority of the sentencate shall attach to it: 1) information about the convicted person's identity (surname, first name, patronymic, date and place of birth); 2) a document confirming the convicted person's citizenship; 3) the text of articles of t criminal law on the basis of which the person was convicted; 4) a written statement by the convicted person or, in the cases provided for in subparagraph "4" of paragraph 4) a written statement by the convicted person or, in the cases provided for in subparagraph "4" of paragraph 1 of Article 3 of this Treaty, his close relatives or his legal representative on consent to transfer; 5) copies of the verdict and the decisions of higher judicial authorities available in the case, documents on the entry into force of the sentence; 6) a document on the the part of the punishment and the part of the punishment that is subject to further serving; 7) a document on the execution of the additional punishment, if it has been imposed; 8) a medical report on the state of health and information on the behavior of the convicted person; 9) information on the existence of material damage and the procedure for its compensation; 10) copies of other documents may be attached only by mutual agreement of the competent authorities. 2. All listed documents must be signed and stamped.

Article 8 1. The sentencing State shall ensure that a person who consents to transfer in accordaArticle 8 1. The sentencing State shall ensure that a person who consents to transfer in accordance with subparagraph "4" of paragraph 1 of Article 3 of this Treaty does so voluntarily and with full understanding of the legal consequences of such consent. 2. The sentencing State shall provide the State of enforcement with the opportunity to verify with the assistance of an official, that consent to the transfer of the convicted person has been obtained in accordance with paragraph 1 of this article.

Article 9 1. The decision on the received request for consent or refusal to transfer shall be taken by the Contracting Party no later than forty days from the date of receipt of the documents listed in paragraph 1 of Article 7 of this Agreement. The agreement. The decision is notified in writing to the person in respect of whom the request has been sent, or to the person who applied for the transfer. 2. The decision to refuse to transfer a convicted person must be motivated. Article 10 The place, time and procedure for the transfer of a convicted person shall be established by the competent authorities of the Contracting Parties.

Article 11 All costs related to the transfer of convicted persons, except those incurred in the territory of the sentencing State, are borne by the State of enforcement.

Article 12 1. The State of enforcement of the sentence is obliged to ensure the full execution of the sentence, guided by its national legislation. 2. The State of execution of the sentence shall ensure the continuation of serving the sentence in accordance with its legislation, without aggravating the situation of the convicted person. Issues related to the execution of a sentence by the other Contracting Party are determined by the legislation of each Contracting Party. 3. The sentence imposed on the convicted person is served on the basis of the verdict of the court of the sentencing State. The court of the State of enforcement of the sentence, based on the verdict, decides on its execution. 4. If, according to the legislation of the State of execution of the sentence for the given act, the maximum term of imprisonment is less than that imposed by the sentence, the court of the State of execution of the sentence determines the maximum term of imprisonment provided for by the legislation of that State. 5. If the sentence relates to two or more acts, of which one or more are not recognized as crimes in the State of enforcement of the sentence, the court of that State determines which part of the punishment is applied to the act that is a crime. 6. The decision on the execution of an additional punishment is taken by the court of the state of execution of the sentence, if such punishment for the committed act is provided for by the legislation of that State.

Article 13 Each Contracting Party has the right to apply a pardon or amnesty to the transferred convict.

Article 14 Only the sentencing State has the right to review the verdict in terms of its validity in relation to the transferred convict.

Article 15 1. In the event of a review of the sentence, the State of its imposition shall immediately send to the State of enforcement of the sentence a certified copy of the court decision by which the sentence was overturned or amended. 2. If, after the transfer of the convicted person to serve his sentence, the sentence in the sentencing State is overturned and a new investigation or trial is envisaged, a copy of the decision on this, the materials of the criminal case and other materials based on the results of the necessary procedural actions possible in the absence of the convicted person, with the translation of all materials of the criminal case into Russian, are sent to the State of execution of the sentence for implementation criminal prosecution under the legislation of this State. 3. In the event of termination of a criminal case based on the results of an additional investigation on rehabilitative grounds or an acquittal by a court, the damage caused to a person by unjustified criminal prosecution is compensated by the State in whose territory the crime was committed. 4. If, after the transfer of the convicted person to serve his sentence, the sentence is changed by the State of his imposition, a copy of the decision and other necessary documents shall be sent to the competent authority of the State of execution of the sentence. The court of the State of enforcement of the sentence resolves the issue of the execution of such a decision in accordance with the procedure provided for in article 12 of this Treaty.

Article 16 1. In respect of a person transferred to serve his sentence to the State of execution of the sentence, the same legal consequences of conviction occur as in respect of persons convicted in the territory of this State for committing the same act. 2. A person who has been transferred for the execution of a sentence imposed by a competent court of another Contracting Party may not be brought to criminal responsibility again in the territory of the State of enforcement of the sentence for the same act in connection with which the sentence that entered into force was pronounced.

Article 17 1. One Contracting Party, in accordance with its legislation, may grant a request for transit transportation of a convicted person through its territory if the other Contracting Party makes such a request to it and if the requesting Contracting Party The Party has agreed with a third State on the transfer of such a person to or from its territory. 2. The costs associated with the transit transportation of a convicted person shall be borne by the Contract Party, in accordance with its legislation, may grant a request for transit transportation of a convicted person through its territory if the other Contracting Party makes such a request to it and if the requesting Contracting Party The Party has agreed with a third State on the transfer of such a person to or from its territory. 2. The costs associated with the transit transportation of a convicted person shall be borne by the Contracting Party requesting such transportation.

Article 18 The central authorities of the Contracting Parties shall resolve the issues arising in the application of this Agreement. Article 19 1. When executing this Agreement, the Contracting Parties shall use their official languages. 2. Certified translations into Russian are attached to the documents executed in the official languages of the Contracting Parties.

Article 20 The provisions of this Agreement do not affect the rights and obligations Contracting Parties arising from other international treaties to which they are parties.

Article 21 This Agreement also applies to persons convicted by the courts of the Contracting Parties prior to the entry into force of the Agreement.

Article 22 1. This Treaty is subject to ratification and enters into force on

The thirtieth day from the date of receipt of the last written notification of ratification. 2. The contract is concluded for an indefinite period. 3. This Agreement shall terminate upon the expiration of six months from the date of receipt by one of the Contracting Parties of a written notification by the other Contracting Party of its intention to terminate it.

Done on September 17, 1999 in Kiev in two copies, each in the Kazakh, Ukrainian and Russian languages, all texts being authentic.

In case of disagreement in the interpretation of the text of this Agreement, the Contracting Parties will refer to the text in Russian. For the Republic of Kazakhstan And Ukraine (Experts: Polsky V.F., tration Law Company Kazakhstan Law Firm Court Cases

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