On the Ratification of the Agreement on Jurisdiction and Legal Assistance in Cases Related to the Temporary Presence of Formations of Forces and Means of the collective security system in the Territories of the Member States of the Collective Security Treaty Organization

The Law of the Republic of Kazakhstan dated September 26, 2023 No. 27-VIII SAM

      To ratify the Agreement on Jurisdiction and Legal Assistance in Cases Related to the Temporary Presence of Formations of forces and Means of the collective security system in the Territories of the member States of the Collective Security Treaty Organization, signed in Dushanbe on September 16, 2021.

     President of the Republic of Kazakhstan

K. TOKAEV

AGREEMENT on jurisdiction and legal assistance in cases related to the temporary presence of formations of forces and means of the collective security system in the territories of the member States of the Collective Security Treaty Organization  

     The member States of the Collective Security Treaty Organization (hereinafter referred to as the Organization or the CSTO), hereinafter referred to as the Parties,

     Reaffirming its commitment to the purposes and principles of the Collective Security Treaty of May 15, 1992 and the international treaties and documents adopted within its framework,

     Having regard to the provisions of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993 and the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of October 7, 2002, to which the Parties are parties,

     Proceeding from the objectives of creating an effective mechanism for the implementation of the Agreement on the Status of Formations of Forces and Means of the Collective Security System of the Collective Security Treaty Organization dated December 10, 2010 and the Agreement on the Procedure for the Formation and Functioning of Forces and Means of the Collective Security System of the Collective Security Treaty Organization dated December 10, 2010, recognizing the need for cooperation in matters of jurisdiction and legal assistance case assistance, related to the temporary presence of formations of the forces and means of the CSTO collective security system (hereinafter referred to as formations) in the territories of the Organization's member states,

      have agreed on the following:  

Article 1

     For the purposes of this Agreement, the terms used mean:

     "persons who are part of formations (personnel of formations)" - military personnel, employees of security agencies and special services, internal affairs (police), internal troops (police forces, national Guard), bodies authorized in the field of prevention and elimination of consequences of emergency situations, as well as persons working in military units, organizations and institutions allocated by the Parties, or temporarily seconded to the coalition and (or) regional (united) group of troops (forces);

     "official duties" are the duties of the military and (or) law enforcement (special) service (labor duties) performed in accordance with the national legislation of the sending Party by persons who are part of the formations.;

     "competent authorities" - military administration bodies, commanders of military units, courts, prosecutor's offices, preliminary investigation (criminal prosecution), internal affairs (police), security and special services, other bodies, their representatives in the absence of these bodies in the places of deployment, which are responsible for matters regulated by this Agreement.:

     "location" is a part of the territory of the receiving Party, where formations of the sending Party are temporarily located, as well as real estate (real estate objects) allocated by the receiving Party.;

     "urgent investigative actions" are investigative actions that may include inspection, search, seizure, examination, detention and interrogation of suspects, interrogation of victims and witnesses, carried out in order to detect and record traces of a crime, as well as evidence requiring immediate consolidation, seizure and investigation.

     In addition to the terms specified in this article, this Agreement uses the terms contained in the Agreement on the Status of Formations of Forces and Means of the Collective Security System of the Collective Security Treaty Organization of December 10, 2010.

Article 2

     Cooperation on issues of jurisdiction and legal assistance related to the temporary stay of formations in the territories of the Organization's member States is carried out through the competent authorities of the Parties.

     The competent authorities of the sending Party are located and carry out their activities in the places of deployment.

     Issues of extradition, as well as the provision of legal assistance in civil and family matters, are regulated by other international treaties applicable in relations between the Parties.

     A request for legal assistance may be rejected if the provision of such assistance may prejudice the sovereignty or security, or contradicts the national legislation of the requested Party.

Article 3

     When applying this Agreement, the competent authorities of the Parties, within the limits of their competence, communicate with each other directly, unless otherwise provided by this Agreement.

     Communications on issues related to the detention, detention (arrest) of wanted persons and their transfer to the competent authorities of the other Party, sending requests for admission (transfer) of jurisdiction and criminal prosecution, carrying out other procedural actions and operational search measures in criminal cases requiring the approval of the prosecutor (court), are carried out through the competent authorities. the authorities of the Parties in accordance with their national legislation, the list of which they report to the depositary, or in accordance with the procedure established by international treaties, which the Parties are Parties to.

     The competent authority of the requested Party, which has received a request that does not fall within its competence, immediately, usually within five days, sends the request to the relevant competent authority and at the same time notifies the competent authority of the requesting Party.

Article 4

     In their relations with each other, the competent authorities of the Parties use the Russian language when implementing this Agreement.

     In case of execution of documents in the official language of the Party, certified translations into Russian are attached to them.

Article 5

     Crimes and other offenses fall under the jurisdiction of the sending Party.:

     committed by persons who are part of the formations of the sending Party (except for citizens of the receiving Party working in military units, organizations and institutions of the sending Party), against the sending Party or persons who are part of the formations of the sending Party;

     committed by persons who are part of the formations of the sending Party in the performance of their official duties;

     committed by citizens of the receiving Party who are not part of the formations of the sending Party in the places of deployment, provided that these persons are detained at the scene of the crime until urgent investigative actions are performed at the place of deployment.

     The jurisdiction of the sending Party also includes incidents that caused serious harm to health (grievous bodily harm), death (including suicide) of persons who are part of the formations of the sending Party, which occurred in places of deployment, when these consequences did not occur as a result of violent actions of other persons. If signs of a crime or other offense are established, the procedure defined in this article shall apply.

     If an offense is committed on the territory of the receiving Party by a person who is part of the formation of one of the sending Parties against the other sending Party at its location, urgent investigative actions are carried out by the sending Party at whose location the offense was committed. Further, the relevant materials are transferred to the other sending Party for the continuation of criminal prosecution against the person who is part of its formation who committed the offense.

     The sending Party exercises its jurisdiction in the case of crimes or other offenses committed by unidentified persons in the places of deployment against the sending Party or persons who are part of the formations of the sending Party (except those committed against citizens of the receiving Party). When identifying a person who has committed a crime or other offense, the procedure defined in this article applies.

     The receiving Party exercises its jurisdiction in the event of the discovery of the body of an unknown person in the places of deployment. If the competent authorities of the receiving Party receive evidence that this person belongs to persons who are part of formations and whose death is not caused by violent actions of other persons, or evidence that persons who are part of formations of the sending Party are involved in his death, then jurisdiction is exercised in accordance with the provisions of this article.

     For other crimes and offenses, the jurisdiction of the receiving Party is exercised and its competent authorities operate.

Article 6

     Each of the Parties undertakes to carry out criminal prosecution of persons in accordance with its national legislation. members of its formations and suspected (accused) of committing crimes against the other Party(s), its (their) citizens and legal entities.

Article 7

     The competent authorities of the Parties, in accordance with the procedure established by this Agreement, may apply to each other with requests for the transfer (acceptance) of jurisdiction. Such requests are processed as soon as possible.

After accepting jurisdiction, further proceedings in the case are conducted in accordance with the laws of the Party that accepted jurisdiction.

     The detained suspects (accused), as well as the evidence collected in the case, shall be transferred together with the criminal case filed in accordance with this article.

     The competent authorities of the Party that accepted jurisdiction shall notify the competent authorities of the Party that transferred jurisdiction of the results of the criminal prosecution.

Article 8

     In case of commission by a group of persons consisting of a citizen (citizens) of the guiding (guiding) Of the Party(s) forming part of the formations and a citizen(s) of the receiving Party, one or more crimes falling under the jurisdiction of the sending and receiving Parties, the competent authorities of each Party shall allocate the relevant materials to separate proceedings against citizens of the other Party, who, in accordance with the procedure provided for in Article 7 of this Agreement, are transferred to the competent authorities of this other Party for the continuation of criminal prosecution. In this case, criminal prosecution may be carried out by a joint investigative and operational group of the Parties.

     In the case of the commission of one or more crimes by persons who are part of the formations of the guide (guides) Criminal prosecution against the sending Party(s) and the receiving Party may be carried out by a joint investigative task force of the Parties.

     If a group of persons consisting of citizens of the sending Parties who are part of the formations commits one or more crimes falling under the jurisdiction of these Parties, the competent authorities of each Party shall also allocate relevant materials to separate proceedings against citizens of the other Party, which, in accordance with the procedure provided for in Article 7 of this Agreement, shall be transferred to the competent authorities of that Party. on the other hand, to continue the criminal prosecution.

     The allocation of the materials of the criminal case into separate proceedings and the transfer of the detained persons to another Party may not be carried out if such transfer negatively affects the comprehensiveness, completeness, and objectivity of the investigation and resolution of the case.

Article 9

     In order to quickly and comprehensively investigate crimes falling under the jurisdiction of the sending party(s) and the receiving Parties, joint investigative and operational groups may be established.

     Joint investigative and operational groups are established and operate in accordance with the national legislation of the Parties and international treaties to which they are parties.

Article 10

     In cases falling under the jurisdiction of the receiving Party, if it is necessary to perform procedural and other actions, as well as operational search measures at the locations, such actions are carried out by the competent authorities of the sending Party at the request of the competent authorities of the receiving Party or by the competent authorities of the receiving Party in written agreement with the competent authorities of the sending Party.

     In cases falling under the jurisdiction of the sending Party, if it is necessary to perform procedural and other actions, as well as operational search measures outside the places of deployment, such actions are performed by the competent authorities of the receiving Party at the request of the competent authorities of the sending Party or by the competent authorities of the sending Party, in written agreement with the competent authorities of the receiving Party.

     Evidence obtained in accordance with the national legislation of one Party by its competent authorities, certified and transmitted in accordance with the established procedure, shall enjoy the same legal force as if it had been obtained by the competent authorities of the other Party in accordance with its national legislation.

     The competent authorities of the Parties shall cooperate with each other on the issues of procedural consolidation of traces of crimes, identification, detention, detention and transfer of persons who have committed these crimes.

     Materials and material evidence are provided by the Parties according to the inventory in accordance with their national legislation, taking into account the requirements set out in Article 4 of this Agreement.

     The receiving Party ensures free access of representatives of the competent authorities of the sending Party to the citizens of the sending Party who are part of the formations and are detained or taken into custody by the competent authorities of the receiving Party.

     The procedural actions performed within the framework of the national legislation of one of the Parties have legal force and are recognized as such by all Parties.

     The documents transmitted by the competent authorities of the Parties to each other must be certified with the stamp of the competent authorities and recognized as official without any special certificate.

     Requests are executed by the competent authorities of the Parties as soon as possible from the date of their receipt. Within 10 days from the date of receipt of such a request, the competent authority of the requested Party shall notify the competent authority of the requesting Party of the measures taken and the deadline for its execution.

Article 11  

     The relevant competent authorities of one Party shall immediately inform the competent authorities of the other Party of all acts that have become known to them that contain signs of crimes within the jurisdiction of the other Party.

     On the initiation of a criminal case (the beginning of a pre-trial investigation) in connection with an act committed by a person who is part of the formations, as well as on detention, detention (arrest) The competent authorities of the receiving Party shall promptly inform the competent authorities of the sending Party of the results of the investigation and resolution of the case in court.

     The competent authorities of the sending Party shall immediately inform the competent authorities of the receiving Party of the initiation of criminal cases (the beginning of a pre-trial investigation) and the implementation of urgent investigative actions against citizens of the receiving Party detained at the crime scene in their places of deployment, and take all necessary measures to transfer cases as soon as possible to the competent authorities of the receiving Party.

Article 12

     Each Party shall independently, in accordance with its national legislation, bear the costs incurred in exercising its jurisdiction in a criminal case and providing legal assistance based on this Agreement.

     If the execution of the request requires significant costs, the relevant competent authorities of the Parties shall consult in order to determine the conditions under which the request can be executed, as well as the procedure for covering the costs.

Article 13

     The Parties shall respect the confidentiality of the transmitted information and its source.

     The requested Party shall respect the confidentiality of the request, its contents, information about the personal data of the persons indicated in the request, additional documents, as well as any actions taken in connection with the implementation of this Agreement, if the competent authority that provided this information considers it undesirable to disclose it.

     If it is impossible to execute the request without confidentiality, the competent authority of the requested Party informs the competent authority of the requesting Party, which modifies or rejects the terms of the request.

     In the course of conducting operational search measures, procedural and other actions in criminal cases, the competent authorities of each Party shall ensure the safety and confidentiality of official information and its media obtained for the purpose of investigating the relevant criminal case from the competent authority of the other Party.

     The competent authorities of each Party, in case of access to information of an official nature of the other Party that has not been communicated to them in accordance with the procedure provided for in this Article, shall notify the other Party and ensure the safety and confidentiality of this information.

Article 14

     Cases falling under the jurisdiction of the sending Party may be considered by its competent authorities at their locations.

     Citizens of the receiving Party may participate as defenders, experts and specialists in cases falling under the jurisdiction of the sending Party.

     The competent authorities of the Parties shall provide mutual assistance in ensuring the attendance of participants in the proceedings at the court session, the bodies of preliminary investigation and inquiry. If it is necessary to summon the participants in the process to the territory of the sending Party, the competent authorities of the Parties shall be guided by the applicable international treaties to which the Parties are parties and the provisions of Article 3 of this Agreement.

     Living expenses, daily subsistence allowance and transportation expenses, as well as unpaid wages for days of absence from work, are reimbursed by the requesting Party to the witness, the victim, as well as other participants in the process. The expert is also entitled to remuneration for the examination.

     The summons to appear before the competent authority of the requesting Party indicates which payments the person is entitled to receive. At the request of this person, an advance payment may be made to cover the related expenses.

     A witness, victim, civil plaintiff, civil defendant and their representatives, as well as an expert who, upon summons, voluntarily appear before the competent authority of the sending Party operating in the territory of the receiving Party, may not be prosecuted for an act that is not specified in the summons to appear and committed by the summoned person before crossing the border of the place of residence. dislocations. Such a guarantee becomes invalid after the summoned person leaves the territory of the place of deployment.

Article 15

The competent authorities of the receiving Party shall ensure, in accordance with judicial decisions and resolutions of the competent authorities of the sending Party, the detention of persons in custody, their transfer, and, if necessary, their escort within the territory of the receiving Party.

     The receiving Party shall ensure free access to the specified persons in its territory in places of detention by representatives of the competent authorities of the sending Party for the period of the criminal case being conducted by the competent authorities of the sending Party.

Article 16

     When accompanying investigative, court cases, other documents and material evidence, escorting and staging suspects, accused, defendants. convicted persons, as well as in the performance of other official duties on the territory of the receiving Party, military personnel, employees of security agencies and special services, internal affairs (police), internal troops (police forces, national Guard), bodies authorized in the field of prevention and elimination of consequences of emergency situations, and employees of the competent authorities of the sending Party may have own a service weapon and special equipment, if this is provided for by the national legislation of the sending party. The procedure for the use of weapons and special equipment outside the locations is regulated by the national legislation of the host Country and international treaties to which the Parties are parties.

     The persons referred to in paragraph 1 of this Article shall cross the state borders of the Parties upon presentation of a personal list of persons crossing the border, certified by the competent authorities of the sending Party, containing information on the purpose of crossing the border, a list of documents and property being transported, as well as identity documents established by the national legislation of the sending Party.

     On the territory of the receiving (transit) The Parties do not open sealed cargoes.

     In the absence or damage of packaging, seals and seals, as well as in the presence of the competent authorities of the receiving (transit) If there are sufficient grounds to believe that items that are not such are being transported under the guise of these goods, these goods may be inspected on the basis of a documented reasoned decision of the competent authorities of the receiving (transit) The Parties in the presence of representatives of the competent authorities of the sending Party. When inspecting such goods, the national legislation of the receiving (transit) country is applied. Sides.

Article 17

     The competent authorities of the receiving Party shall inform the command of the sending Party's formation about administrative offenses (violations) committed by persons belonging to formations outside their places of deployment in the performance of their official duties for the administrative prosecution of these persons.

     The competent authorities of the sending Party shall inform the relevant competent authorities of the receiving Party of the decision taken in accordance with the legislation of the sending Party on the received message.

Article 18

     This Agreement does not affect the rights and obligations of each of the Parties arising for it from other international treaties to which it is a party.

     Legal assistance in matters not regulated by this Agreement is provided in accordance with the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993, with its Protocol of March 28, 1997, or the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters. dated October 7, 2002, depending on which of the above conventions the interested Parties are parties to, as well as bilateral agreements concluded between the Parties.

Article 19

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

Article 20

     By agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it, which are formalized by the relevant protocol, which enters into force in accordance with the procedure provided for in Article 21 of this Agreement.

Article 21

     This Agreement shall enter into force on the date of deposit of the fourth written notification to the depositary on the completion by the signatories of the internal procedures necessary for its entry into force.

     For the Parties who have completed the internal procedures later, this Agreement shall enter into force from the date of delivery of the relevant documents to the depositary.

     This Agreement remains in force for the duration of the Collective Security Treaty of May 15, 1992.

Article 22

     Each Party may withdraw from this Agreement by sending a written notification to the depositary no later than 6 (six) months prior to the withdrawal date, having settled financial and other obligations incurred during the validity of this Agreement.

     Done in Dushanbe on September 16, 2021, in one original copy in Russian. The original copy is kept at the Secretariat of the Collective Security Treaty Organization, which will send a certified copy to each Signatory to this Agreement.

For the Republic of Armenia

For the Kyrgyz Republic

For the Republic of Belarus

For the Russian Federation

For the Republic of Kazakhstan

For the Republic of Tajikistan

             The copy is correct: Head of the Legal Department The CSTO Secretariat ___________________ K. Golub    

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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