On the ratification of the Agreement on the Procedure for the Establishment and Operation of Joint Investigative and Operational Groups in the Territories of the Member States of the Commonwealth of Independent States
The Law of the Republic of Kazakhstan dated July 8, 2016 No. 7-VI SAM.
To ratify the Agreement on the Procedure for the Establishment and Operation of Joint investigative and operational groups in the Territories of the Member States of the Commonwealth of Independent States, signed in Burabaya on October 16, 2015.
President
Republic of Kazakhstan
N. NAZARBAYEV
AGREEMENT on the procedure for the establishment and operation of joint investigative and operational groups in the Territories of the Member States of the Commonwealth of Independent States
Officially
certified
text
THE AGREEMENT on the procedure for the establishment and operation of joint investigative and operational groups in the territories of the member States of the Commonwealth of Independent States Entered into force on September 7, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 5, Article 94
The Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties,
Recognizing the need to improve the legal framework for cooperation in combating crime,
Expressing their intention to deepen cooperation in solving crimes and investigating criminal cases,
guided by generally recognized principles and norms of international law,
based on the provisions of international treaties to which the Parties are parties,
have agreed on the following:
Article 1
The terms used in this Agreement mean the following:
"interrelated crimes" are crimes committed by one or more persons in the territories of two or more Parties or affecting their interests.;
"central competent authorities of the Parties" - state bodies authorized, in accordance with this Agreement and the legislation of the Parties, to make decisions on the establishment and termination of joint investigative and operational groups and the appointment of their heads.;
"competent authorities of the Parties" — bodies authorized, in accordance with the legislation of the Parties, to carry out preliminary investigation and operational search activities, to make decisions on the establishment and operation of investigative, investigative and operational groups;
"joint investigative and operational group" is a group established by agreement of the central competent authorities of the Parties, consisting of two or more national investigative, investigative and operational groups of the competent authorities of the Parties.;
"head of the joint investigative task force" is an official appointed by agreement between the central competent authorities of the Parties to coordinate the activities of national investigative, investigative and operational groups within the powers defined by this Agreement.;
"simplified procedure for interaction (communication)" - direct interaction (communication) of members of the joint investigative task force with each other.
Article 2
The purpose of this Agreement is to regulate the establishment, operation and termination of joint investigative and operational groups in the territories of the Parties for the disclosure and investigation of interrelated crimes in criminal cases pending before the competent authorities of the Parties, involving the need to provide evidence or conduct procedural actions and (or) operational search activities in the territories of two or more Parties..
Article 3
1. The legal basis for the establishment, operation and termination of joint investigative and operational groups is this Agreement, other applicable international treaties to which the Parties are parties, and the legislation of the Parties.
2. Joint investigative and operational groups are a form of cooperation between the competent authorities of the Parties in solving crimes and investigating criminal cases.
Article 4
The main tasks of the joint investigative and operational teams are:
a) coordinated activities of the competent authorities of the Parties to solve crimes and investigate criminal cases;
b) organization of a simplified procedure for interaction (communication);
c) creating conditions for the rapid exchange of information;
d) mutual information on the progress of coordinated actions to solve crimes and investigate criminal cases;
e) planning of actions on the proposed versions and their verification in the territories of the Parties;
f) organization of research and expertise;
g) resolving issues related to the storage and transfer of physical evidence;
h) execution of orders to carry out procedural actions and (or) operational investigative measures in accordance with the legislation of the requested Party. At the request of the competent authority of the requesting Party, the legislation of the requesting Party may be applied, if this does not contradict the legislation and/or international obligations of the requested Party.;
i) coordination and interaction during the conduct of procedural actions and (or) operational search activities in the territories of the Parties.
Article 5
1. The proposal to establish a joint investigative task force is formalized by a request, which is sent to the central competent authority of the requested Party by the central competent authority of the requesting Party. The request must contain the following data:
(a) The name of the central competent authority of the requested Party;
b) the name of the central competent authority of the requesting Party;
c) the number of the criminal case on the crime under investigation by the competent authority of the requesting Party, for the disclosure and (or) investigation of which it is necessary to create a joint investigative task force, a description and qualification of the crime committed under the legislation of the requesting Party and the text of the applicable provision of the law, data on the amount of damage, if it was caused as a result of a criminal act;
d) the name of the subdivision of the competent authority conducting the investigation;
e) justification of the need to create a joint investigative task force, a list of officials of the national investigative and (or) investigative task force of the requesting Party, a proposal for the candidacy of the head of the joint investigative task force;
(e) A preliminary list of procedural actions and (or) operational investigative measures to be carried out by the joint investigative task force in the territory of the requested Party;
g) available data of interest to the investigation:
about an individual: last name, first name, patronymic, date and place of birth, place of residence, citizenship, occupation;
about the legal entity: name, legal address and/or location, bank and other details;
h) if there are representatives of the persons specified in subparagraph "g", their surnames, first names, patronymics and addresses.;
i) the need to ensure the confidentiality of the receipt of the request and the information received during its execution;
k) contact phone numbers and other communication channels;
k) if necessary, the expected procedure for incurring possible costs related to the activities of the joint investigative task force;
m) other necessary information.
2. The request is signed by the head (deputy head) of the central competent authority of the requesting Party and sealed with the stamp of that authority.
3. The central competent authority of the requested Party may request from the central competent authority of the requesting Party additional information necessary, in its opinion, for the execution of the request.
4. The execution of the request may be postponed or refused if the central competent authority of the requested Party considers that its execution may harm the sovereignty, public safety, public order, public order or other essential interests of its State, or contradicts the legislation or international obligations of the requested Party.
5. The central competent authority of the requested Party, no later than 15 days after receiving the request to establish a joint investigative task force, notifies the central competent authority of the requesting Party in writing of the decision and, if agreed, simultaneously provides it with a list of officials of the national investigative, investigative task force of the competent authority of the requested Party and additional data specified in paragraph 1. this article.
6. The central competent authority of the requested Party shall notify the central competent authority of the requesting Party of the refusal to execute the request for the establishment of a joint investigative task force or delay in its execution, indicating the reason for the refusal or delay.
Article 6
1. The decision on the establishment and termination of the joint investigative task force and the appointment of its head is made by the heads of the central competent authorities of the Parties.
2. The competent authority of the Party has the right to make a decision on changing the composition of its representatives in the joint investigative task force, which informs the competent authorities of other Parties that have established a joint investigative task force.
3. The central competent authority of the Party, if necessary, to include its national investigative, investigative and operational group in the joint investigative and operational group established by the other Parties, shall send a request in accordance with Article 5 of this Agreement to the central competent authority of the Party from which the head of the joint investigative and operational group has been appointed.
If national investigative and investigative task forces of other Parties are included in the existing joint investigative task force, the heads of the central competent authorities of the Parties concerned shall take appropriate decisions on this.
4. The central competent authority of the Party, which has decided to withdraw the national investigative, investigative and operational group from the joint investigative and operational group, sends notifications to the central competent authorities of the other Parties.
Article 7
1. The head of the joint investigative task force organizes its work in accordance with this Agreement and the legislation of the Parties in whose territories the procedural actions and (or) operational search activities are conducted.
2. The functions of the head of the joint investigative task force include:
a) organization of the work of the joint investigative task force;
b) providing a simplified procedure for interaction (communication);
c) settlement of issues related to the secrecy of the investigation;
d) settlement of issues arising during the storage and transfer of physical evidence;
e) making a proposal to terminate the activities of the joint investigative task force.
Article 8
1. The joint investigative task force uses a simplified procedure for interaction (communication). If it is necessary to carry out procedural actions and (or) operational search measures, the head of the national investigative, investigative and operational group (the person in charge of the criminal case) of the competent authority of the requesting Party (hereinafter referred to as the head of the national investigative and operational group) sends an instruction to the head of the national investigative and operational group of the competent authority of the requested Party on the conduct of procedural actions and (or) operational investigative measures.
2. The instructions for carrying out procedural actions and (or) operational search measures shall be accompanied by duly certified resolutions on carrying out procedural actions and (or) operational search measures, authorized, if necessary, in accordance with the procedure established by the legislation of the requesting Party.
3. During the execution of the order, the heads of the national investigative and operational groups of the competent authorities of the Parties exchange information on the progress of the procedural actions and (or) operational search activities.
4. At the request of the head of the national investigative task force of the competent authority of the requesting Party, the head of the national investigative task force of the competent authority of the requested Party shall promptly inform him of the time and place of execution of the order. Authorized representatives of the requesting Party, with the consent of the competent authority of the requested Party, are present during the execution of the order, as well as participate in conducting procedural actions and (or) operational search activities, if this does not contradict the legislation of the requested Party.
5. After completing the assignment, the head of the national investigative task force of the competent authority of the requested Party sends the received documents, items and materials to the head of the national investigative task force of the competent authority of the requesting Party. Evidence obtained in the requested Party in accordance with its legislation has the same evidentiary value in the requesting Party. The procedural documents are certified by the stamp of the competent authority of the requested Party.
6. The execution of the order may be postponed or its execution may be refused if the competent authority of the requested Party considers that the execution of the order may harm the sovereignty, public safety, public order, public order or other essential interests of its State, or contradicts the legislation or international obligations of the requested Party.
7. If the order cannot be executed, the head of the national investigative task force of the competent authority of the requesting Party is notified of the circumstances that prevent the execution of the order.
Article 9
In urgent cases, at the same time as sending the originals of the documents specified in Articles 5 and 8 of this Agreement, copies of them may be sent by fax or using other means of communication.
Article 10
1. The competent authority of each Party shall ensure the confidentiality of the information and documents received if the competent authority of the requesting Party considers it undesirable to disclose their contents.
2. If it is impossible to maintain confidentiality in the execution of the order, the competent authority of the requested Party shall inform the competent authority of the requesting Party.
3. The degree of confidentiality is determined by the competent authority of the requesting Party.
4. To transfer confidential information and documents obtained under this Agreement to a third party, the written consent of the competent authority of the Party that provided this information is required.
Article 11
1. The Parties shall determine a list of their central competent authorities and competent authorities responsible for the implementation of this Agreement and transmit it to the depositary upon deposit of a notification on the implementation of the internal procedures necessary for the entry into force of this Agreement.
2. Each of the Parties shall notify the depositary in writing within one month of changes in the list of central competent authorities and competent authorities.
Article 12
The competent authorities of the Parties shall independently bear the costs incurred during the implementation of this Agreement, unless a different procedure is agreed in each specific case.
Article 13
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.
Article 14
By agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized by the relevant protocol.
Article 15
Disputes between the Parties arising from the application and interpretation of this Agreement shall be resolved through consultations and negotiations between the Parties concerned.
Article 16
1. This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third notification that the Signatories have completed the internal procedures necessary for its entry into force.
2. For the Parties that have completed the internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant notification.
Article 17
After its entry into force, this Agreement is open for accession by any member State of the Commonwealth of Independent States by submitting an instrument of accession to the depositary. For the acceding State, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.
Article 18
The Parties shall use the Russian language when carrying out cooperation under this Agreement.
Article 19
This Agreement is concluded for an indefinite period. Each of the Parties has the right to withdraw from this Agreement by sending a written notification of such intention to the depositary no later than 6 months before the withdrawal and settling financial and other obligations that have arisen during the validity of the Agreement.
Done in the village of Burabai (Republic of Kazakhstan) on October 16, 2015 in one original copy in Russian. 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 Republic of Azerbaijan
For the Russian Federation
For the Republic of Armenia
For the Republic of Tajikistan
For the Republic of Belarus
For Turkmenistan
For the Republic of Kazakhstan
For the Republic of Uzbekistan
For the Kyrgyz Republic
For Ukraine
For the Republic of Moldova
I hereby certify that the attached text is an authentic copy of the Agreement on the Procedure for the Establishment and Operation of Joint Investigative and Operational Groups in the Territories of the Member States of the Commonwealth of Independent States, adopted at the meeting of the Council of Heads of State of the Commonwealth of Independent States, which took place on October 16, 2015 in the village of Burabai, Republic of Kazakhstan. The original copy of the above-mentioned Agreement is kept in the Executive Committee of the Commonwealth of Independent States.
First Deputy Chairman
The Executive Committee -
Executive Secretary
V. Garkun
President
Republic of Kazakhstan
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