On the ratification of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Theft of Motor Vehicles and Ensuring their Return

Home / RLA / On the ratification of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Theft of Motor Vehicles and Ensuring their Return

The Law of the Republic of Kazakhstan dated December 15, 2017 No. 117-VI SAM.

To ratify the Agreement on Cooperation of the member States of the Commonwealth of Independent States in Combating Theft of Motor Vehicles and Ensuring their Return, concluded in Moscow on November 25, 2005, with the following reservation: "The Republic of Kazakhstan does not consider itself bound by the provision of paragraph 1 of Article 13 of the Agreement in cases of return to the Republic of Kazakhstan of vehicles that were previously imported to the customs territory of the Republic of Kazakhstan in violation of the customs legislation of the Republic of Kazakhstan without payment of customs duties, taxes and fees.".

President of the Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT on Cooperation of the Member States of the Commonwealth of Independent States in combating theft of motor vehicles and ensuring their return

(* Entered into force on January 19, 2018 - Bulletin of International Treaties of the Republic of Kazakhstan, 2018, No. 3, Article 26)

The States Parties to this Agreement, represented by their Governments, hereinafter referred to as the Parties,

Noting that theft of motor vehicles causes significant damage to owners and States,

considering that stolen vehicles can be used for terrorist, criminal and other illegal activities,

Expressing concern that the theft of motor vehicles has become transnational in nature,

Recognizing that an effective fight against theft of motor vehicles is possible only through the interaction of all stakeholders,

Aware of the need to implement coordinated measures to combat theft of motor vehicles and ensure their return,

guided by generally recognized principles and norms of international law,

have agreed on the following:

The footnote. The preamble as amended by the Law of the Republic of Kazakhstan dated 04/01/2021 No. 29-VII.

Article 1

For the purposes of this Agreement, the following terms are used:

A motor vehicle is a mechanical device designed to transport people, goods, or equipment and mechanisms installed on it, including trailers, semi-trailers, and motorcycles.;

theft of a motor vehicle is any unlawful, criminally punishable, in accordance with the national legislation of the Parties, the gratuitous seizure or possession of a motor vehicle.;

safety of a motor vehicle is the preservation of a motor vehicle in a complete set corresponding to the description specified in the inspection protocol of the motor vehicle, drawn up upon its discovery, detention, seizure or arrest, until the decision of the central competent authority of the requested Party on the return of this vehicle comes into force.;

registration document - a document on the state registration of a motor vehicle, including a temporary one, issued by authorized bodies:

the owner of a motor vehicle is a natural or legal person who has the rights to own, use and dispose of a motor vehicle;

The central competent authority of the Party is a state law enforcement agency authorized to send requests in accordance with this Agreement in order to organize the fight against theft of motor vehicles and ensure their return, as well as to make decisions on the return of motor vehicles or to notify the owner of the vehicle of no interest in its return.;

The competent authority of a Party is a state law enforcement agency authorized, in accordance with national legislation, to combat theft of motor vehicles, search, detain, seize or seize a motor vehicle in the event of an offense, as well as to obtain information about motor vehicles contained in the information databases of other Parties.;

The return of a stolen vehicle is the transfer, by decision of the central competent authority or judicial authority of the requested Party, of the vehicle to the competent authority of the requesting Party.

The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 04/01/2021 No. 29-VII.

Article 2

The Parties, in compliance with international obligations and national legislation, on the basis of this Agreement, cooperate in the prevention, detection, suppression, disclosure and investigation of crimes related to the theft of motor vehicles, search and ensure their return.

Article 3

1. The Parties shall cooperate through their competent authorities.

2. Each of the Parties determines the central competent authority and the competent authorities responsible for the implementation of the provisions of this Agreement (indicating the range of issues to be resolved), and notifies the depositary accordingly.

3. Each Party shall notify the depositary in writing of changes to the list of competent authorities.

The footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 04/01/2021 No. 29-VII.

Article 4

1. In order to prevent theft of motor vehicles, ensure their search and return, each Party ensures the formation and maintenance of an information database on motor vehicles, which includes information if available.:

a) on registered motor vehicles, including temporarily registered motor vehicles of another State, operated or used in the territory of one of the Parties, their identification numbers, registration documents and registration plates;

b) about the wanted vehicles and the documents issued for their detention and arrest:

c) about detained and discovered vehicles;

d) stolen and/or lost registration documents, registration plates, as well as other documents confirming ownership of motor vehicles;

e) about vehicles that have been removed from the register;

f) about motor vehicles crossing the state border;

g) on motor vehicles, information about which, in accordance with the legislation, is subject to entry into the information databases of customs authorities when crossing the state border;

h) motor vehicles that have suffered damage as a result of a traffic accident, fire, natural disasters and other circumstances or actions of third parties, including those that led to their constructive death.

2. Each of the Parties, using information technology, ensures that the competent authorities of the other Parties can receive information contained in the above-mentioned information databases in real time, as well as promptly provide other information of interest in combating theft of motor vehicles upon request of the competent authorities of the other Parties and on their own initiative.

A request for information from the above-mentioned information databases must contain the following information:

1) the names of the requesting competent authority and the requested competent authority to which the request is being sent;

2) a link to the Agreement clause;

3) Summary of the merits of the case;

4) a list of requested information from information databases.

The request is made in writing and signed by the head (head) of the requesting competent authority or his deputy.

The request is executed within one month from the date of its receipt. If it is necessary to shorten this period, an appropriate reservation is made in the text of the request, indicating the reasons and the desired deadline for the execution of the request.

The provision of information upon request may be refused if:

1) the request does not comply with the form specified in the second paragraph of this paragraph;

2) execution of the request may damage sovereignty, national security, contradict the legislation of the Party or international agreements of the Parties;

3) the request cannot be objectively executed for reasons beyond the control of the requested competent authority.

The requesting competent authority is immediately notified in writing of the refusal to execute the request, as well as the reasons for the refusal.

3. The procedure for obtaining and providing information contained in the above-mentioned information databases is determined by a separate document.

The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 04/01/2021 No. 29-VII.

Article 5

1. In the event of the discovery, detention, seizure or arrest of a stolen motor vehicle on the territory of one of the Parties, the competent authority of that Party shall, within twenty days from the date of the detention or discovery of such a motor vehicle, notify the competent authority of the other Party in writing, which is investigating the criminal case. The competent authorities of the Parties shall inform their central competent authorities about this.

2. The notification contains, in particular, the following information about such a vehicle, if known:

a) make, model, color, year of manufacture and type of vehicle;

b) identification number, body, chassis and engine number;

c) information about changes in unit numbers or vehicle color;

d) the registration mark, the series and number of the registration document, the place and date of its issue;

e) information about the location of the vehicle, its technical condition and configuration;

f) the name of the authority that detained or discovered the vehicle;

h) information on whether a motor vehicle was used in connection with the commission of a crime;

i) information about persons who used a motor vehicle to commit a crime.

Article 6

The competent authorities of the Party that have detained or discovered the stolen vehicle shall take appropriate measures to ensure the safety of the vehicle and may not use or dispose of it.

Article 7

1. The central competent authority of a Party that has received a notification in accordance with Article 5 of this Agreement shall send a request to the central competent authority of the requested Party for the return of the vehicle or notify in writing that the owner of the vehicle has no interest in returning it.

2. The request is sent in writing and contains, in particular, the following information::

a) make, model, color, year of manufacture and type of vehicle;

b) identification number, body, chassis and engine number of the vehicle;

c) the registration mark, the series and number of the registration document, the place and date of its issue;

d) the registered owner of the motor vehicle;

e) the number of the criminal case, information about the body in whose proceedings it is located, the existence of a claim in the criminal case.

3. The request shall be accompanied by copies of documents, certified in accordance with the legislation of the requesting Party, confirming the ownership of the vehicle, indicating the natural or legal person for whom it is registered.

4. A request sent or confirmed in writing on the official letterhead of the central competent authority of the requesting Party must be signed by the head or his deputy and certified with the stamp of that authority.

The footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 04/01/2021 No. 29-VII.

Article 8

1. The central competent authority of the requested Party shall consider a request for the return of a stolen vehicle within thirty days of receipt of the request and inform the central competent authority of the requesting Party of the result of the consideration.

2. The central competent authority of the requested Party may request additional information, setting a certain time limit for its provision, but not more than thirty days from the date of receipt of the request.

3. After receiving additional information, the central competent authority of the requested Party shall, within thirty days, inform the central competent authority of the requesting Party of the results of the examination of the request.

4. If a dispute arises between individuals or legal entities of the Parties over the ownership of a vehicle that is listed among the stolen, the issue of its rightful owner is resolved by the judicial authorities in accordance with the national legislation of the Party in whose territory the vehicle was discovered or detained.

The footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 04/01/2021 No. 29-VII.

Article 9

1. A detained or discovered vehicle shall be issued to a representative of the requesting Party upon presentation of a document confirming his authority issued by the central competent authority of the requesting Party.

2. A motor vehicle that is not in demand after one year from the date of receipt of the notification provided for in paragraph 1 of Article 5 of this Agreement, as well as a motor vehicle in respect of which a notification has been received that the owner has no interest in returning it, may be converted into income of the Party in whose territory it is found and located, in accordance with the legislation of this Party.

The footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 04/01/2021 No. 29-VII.

Article 10

1. Each Party ensures the confidentiality of information received from the other Party, if the requesting Party considers it undesirable to disclose its contents, the degree of confidentiality is determined by the requesting Party.

2. If it is necessary to transfer confidential information obtained under this Agreement to a third party, the written consent of the Party that provided this information is required.

Article 11

1. The execution of a request for the return of a motor vehicle may be refused in cases where:

a) on the basis of a court decision of the requested Party, the vehicle is transferred to a person not specified in the request for return as the owner of the vehicle, or his representative;

b) excluded by the Law of the Republic of Kazakhstan dated 04/01/2021 No. 29-VII; c) excluded by the Law of the Republic of Kazakhstan dated 04/01/2021 No. 29-VII;

d) there are other legal grounds preventing the return of the stolen vehicle.

2. The central competent authority of the requesting Party shall be immediately notified in writing of the refusal to execute the request with 1 indication of the reasons for the refusal.

The footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 04/01/2021 No. 29-VII.

Article 12

1. The execution of the request for the return of the vehicle may be delayed if:

a) the vehicle in respect of which the request has been received is delayed in connection with administrative proceedings, criminal investigation or judicial proceedings;

b) the issue of ownership, detention or seizure of a motor vehicle in respect of which a request for return has been received is the subject of a lawsuit filed with the requested Party prior to the entry into force of the court decision in this case.

2. The central competent authority of the requested Party shall immediately inform the central competent authority of the requesting Party of the postponement of the decision on the return of the vehicle based on paragraph 1 of this Article.

Article 13

1. Motor vehicles returned in accordance with this Agreement shall not be subject to customs duties, taxes, excise taxes, fees and other payments related to the movement of a motor vehicle across the borders of the Parties upon presentation of a document issued by the central competent authority of the Party confirming that the vehicle is being returned under this Agreement.

2. The costs associated with the detention of the vehicle and its storage, until the time of transfer to the competent authority of the requesting Party, shall be borne by the requested Party.

3. The costs of returning the vehicle to the territory of the requesting Party shall be borne by the competent authority of the requesting Party.

4. Expenses incurred in connection with the return of a motor vehicle shall be reimbursed in accordance with the national legislation of the Parties.

Article 14

The Parties shall terminate the search for the stolen vehicle by decision of the competent authority of the Party initiating the search.

Article 15

Disputes arising from the interpretation and application of the provisions of this Agreement shall be resolved through consultations and negotiations between the Parties.

Article 16

The competent authorities of the Parties shall bear the costs incurred independently during the implementation of this Agreement, except those specified in Article 13 of this Agreement. In each specific case, the competent authorities of the Parties may agree on a different procedure for financing these costs.

Article 17

The parties use Russian as a working language when carrying out cooperation.

Article 18

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

Article 19

This Agreement shall enter into force on the date of receipt by the depositary of the third notification on the completion by the Parties of the internal procedures necessary for its entry into force. For Parties that have completed such procedures later, it shall enter into force on the date of receipt by the depositary of the relevant notifications.

Article 20

This Agreement may be amended and supplemented by a separate protocol, which is an integral part of it and enters into force in accordance with the procedure provided for in Article 19 of this Agreement.

Article 21

This Agreement is open for accession by other States sharing its provisions by submitting documents on such accession to the depositary. For the acceding State, this Agreement shall enter into force on the date of deposit of the instrument of accession with the depositary.

Article 22

Each of the Parties may withdraw from this Agreement by sending a written notification to the depositary at least six months before the date of withdrawal.

Article 23

This Agreement is valid for five years from the date of its entry into force. Upon expiration of this period, the validity of this Agreement is automatically extended each time for a period of five years, unless the Parties decide otherwise.

Done in Moscow on November 25, 2005, in one original copy in the Russian language. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Government of the Republic of Azerbaijan

For the Government of the Republic of Moldova

For the Government of the Republic of Armenia

For the Government of the Russian Federation

For the Government of the Republic of Belarus

For the Government of the Republic of Tajikistan

For the Government Georgia

For the Government of Turkmenistan

For the Government of the Republic of Kazakhstan

For the Government of the Republic of Uzbekistan

For the Government Of the Kyrgyz Republic

For the Government of Ukraine

RESERVATION To the Decision of the Council of Heads of Government of November 25, 2005 "On the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in combating theft of motor vehicles and ensuring their return"

The provisions of this Agreement may not be applied between the Republic of Azerbaijan and the Republic of Armenia until the Republic of Armenia liberates the occupied territories of the Republic of Azerbaijan.

First Deputy Prime Minister of the Republic of Azerbaijan

A.Abbasov

RESERVATION Republic of Moldova on item 8.14 of the agenda of the meeting of the Council of CIS Heads of Government

November 25, 2005 Moscow

"Agreement on cooperation of the Member States of the Commonwealth of Independent States in combating theft of motor vehicles and ensuring their return"

"The cooperation will be carried out in accordance with the national legislation and international obligations of the Republic of Moldova in this area."

First Deputy The Prime Minister

Zinaida GRECHANY

I hereby certify that the attached text is an authentic copy of the Agreement on Cooperation between the member States of the Commonwealth of Independent States in Combating Theft of Motor Vehicles and Ensuring their Return, adopted at the meeting of the Council of Heads of Government of the Commonwealth of Independent States, which took place on November 25, 2005 in Moscow. The original copy of the above-mentioned Agreement is kept in the Executive Committee of the Commonwealth of Independent States.

Chairman Executive Committee - Executive Secretary

V. Rushailo

President

Republic of Kazakhstan

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