On the ratification of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters

The Law of the Republic of Kazakhstan dated March 10, 2004 No. 531.

      To ratify the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed in Chisinau on October 7, 2002.  

President  

Republic of Kazakhstan  

Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters

      It is subject to ratification and enters into force on the thirtieth day after the date of deposit of the third instrument of ratification with the depositary. For a State that has deposited its instrument of ratification with the depositary after the entry into force of this Convention, it will enter into force on the thirtieth day after the date of deposit of its instrument of ratification with the depositary.  

     Signed:         Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, Ukraine        Instruments of ratification have been deposited: Republic of Belarus - deposited on August 1, 2003; Republic of Kazakhstan - deposited on March 29, 2004;        Kyrgyz Republic - deposited on September 2, 2004; Republic of Armenia - deposited on January 21, 2005;        Republic of Tajikistan - deposited on April 18, 2005.        Notifications have been submitted:        Russian Federation - deposited on November 12, 2002 (domestic procedures are underway);        Republic of Azerbaijan - deposited on March 24, 2004 (on the implementation of domestic procedures).        The Convention entered into force on April 27, 2004.        Entered into force for the following States: the Republic of Belarus - April 27, 2004;        Republic of Azerbaijan - April 27, 2004;        Republic of Kazakhstan - April 27, 2004;        Kyrgyz Republic - October 1, 2004.        The Republic of Armenia - February 19, 2005; the Republic of Tajikistan - May 17, 2005.  

      The Member States of the Commonwealth of Independent States, the Parties to this Convention, hereinafter referred to as the Contracting Parties,  

      Proceeding from the desire to provide citizens of each of the Contracting Parties and other persons residing in its territory with reliable legal protection of their personal, property and non-property rights in the territories of all Contracting Parties,  

      Attaching great importance to the development of cooperation in the provision of legal assistance by justice institutions in civil, family and criminal matters,  

      We have agreed on the following:  

Section I.  General provisions Part I.  Legal protection

         Article 1 Provision of legal assistance  

      1. Citizens of each Contracting Party, as well as other persons residing in its territory, shall enjoy in the territories of all other Contracting Parties the same legal protection of their personal, property and non-property rights as their own citizens of this Contracting Party.  

      2. Citizens of each of the Contracting Parties, as well as other persons residing on its territory, have the right to freely and unhindered apply to the courts, prosecutor's office, internal affairs bodies, security agencies and other institutions of the other Contracting Parties, whose competence includes civil, family and criminal matters (hereinafter referred to as judicial institutions), may to act in them, file petitions, file lawsuits and carry out other procedural actions on the same terms as citizens of this Contracting Party.  

      3. The term "civil cases" used in this Convention also includes cases concerning the settlement of economic disputes.  

      4. The provisions of this Convention shall also apply to legal entities.  

         Article 2 Exemption from payment of duties and reimbursement of costs  

      1. Citizens of each of the Contracting Parties and other persons residing in its territory are exempt from payment and reimbursement of court and notary fees and costs, as well as enjoy free legal aid in the territories of other Contracting Parties on the same terms as their own citizens.  

      2. The benefits provided for in paragraph 1 of this article shall apply to all procedural actions carried out in civil, family and criminal cases, including the execution of a decision or sentence.  

         Article 3 Submission of a document on family and property status  

      1. The benefits provided for in Article 2 of this Convention shall be granted on the basis of a document on the marital and property status of the person making the application. This document is issued by the competent institution of the Contracting Party in whose territory the applicant is domiciled or domiciled.  

      2. If the applicant does not have his place of residence or domicile in the territory of the Contracting Party, it is sufficient to submit a document issued by the relevant diplomatic mission or consular institution of the Contracting Party of which he is a national.  

      3. The institution making a decision on an application for benefits may request additional information or necessary clarifications from the institution that issued the document.  

Part II Legal aid

         Article 4 Provision of legal assistance  

      1. The judicial institutions of the Contracting Parties shall provide mutual legal assistance in civil, family and criminal matters in accordance with the provisions of this Convention.  

      2. The judicial institutions of the Contracting Parties shall provide legal assistance to other institutions of the Contracting Parties in the cases referred to in paragraph 1 of this Article.  

      3. Legal assistance is provided on the basis of instructions and other requests provided for in this Convention sent by the institutions of justice of the requesting Contracting Party to the institutions of justice of the requested Contracting Party.  

         Article 5 Procedure of communication  

      1. When providing legal assistance, the competent judicial institutions of the Contracting Parties communicate with each other through their central, territorial and other bodies, unless this Convention establishes a different procedure for communication. The Contracting Parties shall determine the list of their central, territorial and other bodies authorized to carry out direct relations, which they shall notify the depositary at the time of deposit of the instruments of ratification or accession.  

      The Contracting Parties shall notify the depositary of changes in the list of central, territorial and other authorities.  

      2. Communications on the execution of orders for the conduct of procedural actions and investigative measures requiring the approval of the prosecutor (court) are carried out through the prosecutor's office.  

         Article 6 Scope of legal assistance  

      The Contracting Parties shall provide mutual legal assistance by performing procedural and other actions provided for by the legislation of the requested Contracting Party, in particular, compiling, forwarding and handing over documents to the addressee, conducting inspections, searches, seizures, transferring material evidence, conducting examinations, interrogating parties, third parties, suspects, accused, victims, witnesses, civil plaintiffs, civil defendants, their representatives, legal representatives of the accused, experts, presentation for identification, including through the use of video communication, video recordings and other technical means, the search for persons, the implementation of operational search measures in the framework of the criminal case under investigation, criminal prosecution, extradition of persons for bringing them to criminal responsibility or execution of a sentence, the search and seizure (seizure) of funds and property obtained by criminal means, and as well as proceeds from criminal activities, the search for property and funds of civil defendants for the execution of decisions in civil cases, commercial and other economic disputes., recognition and execution of executive inscriptions, court decisions in civil cases and sentences.  

      The Contracting Parties may provide mutual legal assistance in other forms and types based on specific circumstances, the interests of justice and society as a whole and in accordance with the domestic legislation of the Contracting Parties.  

         Article 7 Content and form of the request for legal assistance  

      1. The request for legal assistance must specify:  

      a) the name of the judicial institution of the requested Contracting Party;  

      b) the name of the judicial institution of the requesting Contracting Party;  

      c) the name and number of the case in which legal assistance is requested;  

      d) information about an individual: surname, first name, patronymic, date and place of birth, place of residence, citizenship, occupation; about a legal entity: name, legal address or location, bank details and fiscal codes;  

      e) if there are representatives of the persons specified in subparagraph "d", their surnames, first names, patronymics and addresses.;  

      f) the need to ensure the confidentiality of the receipt of the order and the information received during its execution;  

      g) the content of the order, as well as other information necessary for its execution.  

      2. The order for the delivery of the document must also indicate the exact address of the recipient and the name of the document being served.  

      3. The order must be signed by the person in charge of the case and stamped with the stamp of the judicial institution of the requesting Contracting Party. The order also specifies contact phone numbers and other communication channels.  

4. An order for legal assistance executed in accordance with the requirements of paragraphs 1-3 of this Article shall be sent to the judicial institution of the requested Contracting Party by the head of the judicial institution of the requesting Contracting Party in compliance with the provisions of Article 5 of this Convention.  

      5. In urgent cases, an order for legal assistance issued in accordance with the rules established by this article may be sent by fax, as well as using other means of communication. At the same time, the original order must be sent by mail or courier.  

         Article 8 Procedure for the execution of an order for the provision of legal assistance  

      1. When executing an order for the provision of legal assistance, the judicial institution of the requested Contracting Party applies the legislation of its Contracting Party. At the request of the judicial institution of the requesting Contracting Party, it may apply the procedural rules of the requesting Contracting Party, if they do not contradict the legislation of the requested Contracting Party. In this case, the requesting Contracting Party must provide the text of the procedural law.  

      2. If the judicial institution of the requested Contracting Party is incompetent to execute the order, it shall forward it to the competent judicial institution within 5 days and notify the judicial institution of the requesting Contracting Party accordingly.  

      3. At the request of the institution of justice of the requesting Contracting Party, the institution of justice of the requested Contracting Party shall promptly inform it of the time and place of execution of the order, so that its authorized representatives may, with the consent of the institution of justice of the requested Contracting Party and in accordance with its legislation, attend the execution of the order, as well as, if this does not contradict the legislation of the requested Contracting Party, take participation in the implementation of procedural actions and investigative measures.  

      4. If the exact address of the person indicated in the order is unknown, the judicial institution of the requested Contracting Party shall take the necessary measures to establish his exact address (location)..  

      5. After completing the assignment, the judicial institution of the requested Contracting Party shall forward the received documents, items and materials to the judicial institution of the requesting Contracting Party, unless otherwise provided for in this Convention. In the event that legal assistance could not be provided, the judicial institution of the requesting Contracting Party is notified of the circumstances that impede the execution of the order.  

         Article 9 Summoning of victims, civil plaintiffs, civil defendants, their representatives, witnesses, experts and other persons  

      1. The victim, the civil plaintiff, the civil defendant and their representatives, as well as a witness, expert or other person who, upon a summons served by an institution of justice of the requested Contracting Party, appears at the institution of justice of the requesting Contracting Party, cannot, regardless of their nationality, be brought to criminal responsibility in its territory, taken into custody and has been punished for an act committed by him before crossing her state border. Such persons may also not be prosecuted, detained, or punished in connection with their testimony or expert opinions in the case being the subject of the proceedings.  

      The issue of their criminal liability shall be resolved in accordance with the provisions of section IV of this Convention.  

      2. The summoned person shall lose this immunity if, having the opportunity to do so, he has not left the territory of the requesting Contracting Party before the expiration of 15 days from the day when the judicial institution of the requesting Contracting Party informed him of the absence of the need for his further stay in its territory. This period does not include the time during which this person could not leave the territory of the requesting Contracting Party for reasons beyond his control.  

      3. The requesting Contracting Party shall reimburse the summoned person referred to in paragraph 1 of this Article for expenses related to travel, as well as stay on its territory, and unpaid wages for days of absence from work; experts are also entitled to remuneration for conducting examinations. The summons must specify which payments the summoned persons are entitled to receive; upon their request, the judicial institution of the requesting Contracting Party pays an advance to cover the relevant costs.  

      4. Summoning the persons referred to in paragraph 1 of this Article residing in the territory of one Contracting Party to a judicial institution of the other Contracting Party must not contain a threat of coercion in case of non-appearance.  

         Article 10 Organization of expert research  

      1. The judicial institutions of the Contracting Parties shall provide mutual legal assistance in organizing and conducting expert examinations in civil, family and criminal matters in special expert, scientific research and other competent institutions of the Contracting Parties.  

      2. When organizing and conducting such examinations, the judicial institutions of the Contracting Parties shall be guided by domestic legislation. Expert opinions given in the requested Contracting Party in accordance with the legislation of that Contracting Party have the same legal force in the requesting Contracting Party and are accepted by the judicial institutions of that Contracting Party without any special certification.  

      3. The costs of organizing and conducting expert examinations in such cases shall be borne by the requesting Contracting Party, unless otherwise specified by the Contracting Parties.  

         Article 11 Service of documents  

      1. The judicial institution of the requested Contracting Party shall serve documents in accordance with the procedure in force in that Contracting Party if the documents being served are drawn up in the language of that Contracting Party or in Russian or provided with a certified translation into these languages. Otherwise, it transfers the documents to the recipient if he agrees to accept them voluntarily.  

      2. If the documents cannot be delivered to the address indicated in the order, the judicial institution of the requested Contracting Party, on its own initiative, takes the necessary measures to establish the address. If it is impossible to establish the recipient's address, the judicial institution of the requested Contracting Party shall notify the judicial institution of the requesting Contracting Party and return to it the documents to be served.  

      3. The delivery of documents is certified by a confirmation signed by the person to whom the document was handed and stamped with the stamp of the institution of justice of the requested Contracting Party, containing the date of delivery and the signature of the employee of the institution who presented the document, or another document issued by this institution, which must indicate the method, place and time of delivery. If the addressee refuses to receive the documents or to sign the confirmation, the judicial institution of the requested Contracting Party shall notify the judicial institution of the requesting Contracting Party accordingly.  

         Article 12 Validity of documents  

      1. Documents that are issued or certified in the territory of one of the Contracting Parties by a competent institution or a specially authorized person within its competence and in accordance with the prescribed form and stamped with an official seal, are accepted in the territories of all other Contracting Parties without any special certificate.  

      2. Documents that are considered as official documents in the territory of one of the Contracting Parties enjoy the evidentiary value of official documents in the territories of the other Contracting Parties.  

         Article 13 Forwarding of civil status documents and other documents  

      1. The Contracting Parties undertake to forward to each other, upon request, without translation and free of charge, documents on the registration of acts of civil status directly through the civil registration authorities of the Contracting Parties, notifying citizens of the transfer of documents.  

      2. The Contracting Parties undertake to forward to each other, upon request, without translation and free of charge, documents on education, work experience and other documents relating to the personal, property or non-property rights and interests of citizens of the requested Contracting Party and other persons residing in its territory.  

         Article 14 Powers of diplomatic missions and consular institutions  

      Diplomatic missions and consular offices of the Contracting Parties have the right to transfer judicial and non-judicial documents or execute judicial orders to take evidence for the courts of the represented Contracting Party in accordance with existing international agreements or, in the absence of such agreements, in any other manner that does not contradict the legislation of the Contracting Party in whose territory they are located.  

         Article 15 Information on legal issues  

      The Central institutions of Justice of the Contracting Parties, upon request, provide each other with information on the current and former domestic legislation of their Contracting Parties and the practice of its application.  

         Article 16 Identification of addresses and other data  

1. The judicial institutions of the Contracting Parties, upon request, shall assist each other in establishing the addresses of persons residing in their territories and legal entities, if this is necessary for the exercise of the rights of their citizens. At the same time, the judicial institutions of the requesting Contracting Party shall provide the data available to them in order to establish the address of the person indicated in the request.  

      2. The judicial institutions of the Contracting Parties shall provide mutual assistance in establishing the place of work (occupation) and income, including funds held in bank accounts, of persons residing in their territories to whom property claims have been filed in civil, family and criminal matters in the judicial institutions of the requesting Contracting Party.  

         Article 17 Language  

      In implementing this Convention, the judicial institutions of the Contracting Parties shall use the official languages of the Contracting Parties or the Russian language.  

      In case of execution of documents in the official languages of the Contracting Parties, certified translations into Russian are attached to them.  

         Article 18 Expenses related to the provision of legal assistance  

      1. Expenses related to the provision of legal assistance shall be borne by the Contracting Party in whose territory they arose, unless otherwise provided by this Convention.  

      2. The costs of transferring and transporting items of historical and cultural value, as well as of great material value, shall be borne by the requesting Contracting Party.  

         Article 19 Appeal against actions of officials.  Compensation for the damage caused  

      1. Citizens and legal entities of each of the Contracting Parties, as well as other persons located on its territory, have the right to appeal against the actions of officials of judicial institutions of other Contracting Parties committed by them in the implementation of the provisions of this Convention, in accordance with the procedure provided for by the legislation of the Contracting Party at the place of commission of such actions, unless the Convention provides otherwise.  

      2. If harm has been caused to the persons referred to in paragraph 1 of this Article by unlawful actions of officials of the institutions of justice of the Contracting Parties committed in the implementation of this Convention, they shall have the right to demand compensation in accordance with the legislation of the Contracting Party whose officials of the institutions of justice caused such harm.  

         Article 20 Confidentiality of information in the provision of legal assistance  

      1. At the request of the judicial institution of the requesting Contracting Party, the judicial institution of the requesting Contracting Party shall take all necessary measures to ensure the confidentiality of the receipt and content of the order for legal assistance and the data obtained as a result of its execution.  

      2. The judicial institutions of the requesting and requested Contracting Parties, if necessary, agree among themselves on the terms and conditions for maintaining the confidentiality of information obtained as a result of the execution of the order.  

         Article 21 Refusal to provide legal assistance  

      The provision of legal assistance may be refused in whole or in part if the provision of such assistance may prejudice the sovereignty or security or contradict the legislation of the requested Contracting Party. In case of refusal of a request for legal assistance, the requesting Contracting Party is immediately notified of the reasons for the refusal.  

Section II.  Legal relations in civil and family matters Part I.  Competence

         Article 22 General provisions  

      1. Unless otherwise specified in parts II -V of this section, claims against persons domiciled in the territory of one of the Contracting Parties, regardless of their nationality, shall be filed with the courts of that Contracting Party, and claims against legal entities shall be filed with the courts of the Contracting Party in whose territory the governing body of the legal entity, its representative office, or branch office.  

      If several defendants are involved in the case who have their place of residence (location) in the territories of different Contracting Parties, the dispute is considered based on the place of residence (location) of any defendant chosen by the plaintiff.  

      2. The courts of a Contracting Party are also competent in cases where in its territory:  

      a) trade, industrial or other economic activities of the respondent's enterprise (branch) are carried out;  

      b) the obligation from the contract that is the subject of the dispute has been fulfilled or must be fulfilled in whole or in part.;  

      c) the plaintiff has a permanent residence or location in a claim for the protection of honor, dignity and business reputation.  

      3. The courts at the location of such property are exclusively competent in cases of claims for ownership and other proprietary rights to immovable property.  

      Claims against carriers arising from contracts for the carriage of goods, passengers and baggage are filed at the location of the management of the transport organization to which the claim was filed in accordance with the established procedure.  

         Article 23 Contractual jurisdiction  

      1. The courts of the Contracting Parties may also consider cases in other cases if there is a written agreement between the parties on the transfer of the dispute to these courts, reached prior to the consideration of the case on the merits.  

      At the same time, the exclusive jurisdiction arising from the norms of this Convention established by parts I-V of this section, as well as from the domestic legislation of the relevant Contracting Party, cannot be changed by agreement of the parties.  

      2. If there is an agreement on the transfer of the dispute, the court, at the request of the defendant, terminates the proceedings.  

         Article 24 Interrelation of judicial processes  

      1. If proceedings are initiated between the same parties on the same subject and on the same grounds in the courts of the two Contracting Parties competent in accordance with this Convention, the court that initiated the case later shall terminate the proceedings.  

      2. A counterclaim and a set-off claim arising from the same legal relationship as the main claim are subject to review by the court that is considering the main claim.  

         Article 25 Request for the prosecutor's participation in civil proceedings  

      The prosecutor of one Contracting Party has the right to apply to the prosecutor of the other Contracting Party with a request to institute proceedings in a court of this Contracting Party within its competence to protect the rights and legitimate interests of citizens and legal entities of the requesting Contracting Party, to participate in the consideration of such cases or to bring a cassation, appeal or private protest (submission), as well as a protest (submission) in the order of supervision of court decisions in such cases.  

Part II.  Personal status

         Article 26 Legal capacity and legal capacity  

      1. The legal capacity of an individual is determined by the legislation of the Contracting Party of which that person is a national.  

      2. The legal capacity of a stateless person is determined by the legislation of the Contracting Party in which he has permanent residence.  

      3. The legal capacity of a legal entity is determined by the legislation of the Contracting Party under whose legislation it was established.  

         Article 27 Recognition as having limited legal capacity or incapacity.  Restoration of legal capacity  

      1. In cases concerning the recognition of a person as having limited legal capacity or incapacity for work, with the exception of the cases provided for in paragraphs 2 and 3 of this article, the court of the Contracting Party of which the person is a national is competent.  

      2. If the court of one Contracting Party becomes aware of the grounds for recognizing a person residing in its territory who is a citizen of the other Contracting Party as having limited legal capacity or incapacity for work, it shall notify the court of the Contracting Party of which the person is a national.  

      3. If the competent court of a Contracting Party, which has been notified of the grounds for recognizing a citizen as having limited legal capacity or incapacity, does not accept the case for consideration or does not provide its opinion within 90 days, the case for recognition as having limited legal capacity or incapacity will be considered by the court of the Contracting Party in whose territory this citizen has his place of residence. The decision on recognizing a person as having limited legal capacity or incapacity for work is sent to the competent court of the Contracting Party of which the person is a national.  

      4. The provisions of paragraphs 1-3 of this Article shall apply respectively to the restoration of legal capacity.  

         Article 28 Recognition of missing persons and declaration of deceased.  Establishing the fact of death  

      1. In cases concerning the recognition of a person as missing or declared dead, and in cases concerning the establishment of the fact of death, the judicial institutions of the Contracting Party of which the person was a citizen at the time when, according to the latest information, he was alive are competent, and in respect of other persons, the judicial institutions at the person's last place of residence.  

      2. The judicial institutions of each of the Contracting Parties may recognize a citizen of the other Contracting Party and another person who lived in its territory as missing or deceased, as well as establish the fact of his death at the request of interested persons residing in its territory, whose rights and interests are based on the legislation of this Contracting Party.  

      3. When considering cases on recognition of missing persons or declaration of deceased and cases on establishing the fact of death, the judicial institutions of the Contracting Parties shall apply the legislation of their Contracting Party.  

Part III.  Family matters

         Article 29 Marriage  

The conditions of marriage are determined for each of the future spouses by the legislation of the Contracting Party of which he is a citizen, and for stateless persons by the legislation of the Contracting Party that is their permanent place of residence. In addition, with regard to obstacles to marriage, the requirements of the legislation of the Contracting Party in whose territory the marriage is concluded must be observed.  

         Article 30 Legal relations of spouses  

      1. The personal and property legal relations of the spouses are determined by the legislation of the Contracting Party in whose territory they have joint residence.  

      2. If one of the spouses resides in the territory of one Contracting Party and the other in the territory of the other Contracting Party and both spouses have the same nationality, their personal and property legal relations are determined by the legislation of the Contracting Party of which they are citizens.  

      3. If one of the spouses is a citizen of one Contracting Party and the other of the other Contracting Party, and one of them resides in the territory of one and the other in the territory of the other Contracting Party, their personal and property legal relations shall be determined by the legislation of the Contracting Party in whose territory they had their last joint residence.  

      4. If the persons referred to in paragraph 3 of this Article did not have joint residence in the territories of the Contracting Parties, the legislation of the Contracting Party whose judicial institution is considering the case shall apply.  

      5. The legal relations of spouses concerning immovable property are determined by the legislation of the Contracting Party in whose territory this property is located.  

      6. The institutions of the Contracting Party, whose legislation is subject to application in accordance with paragraphs 1-3, 5 of this Article, are competent in cases of personal and property legal relations between spouses.  

         Article 31 Dissolution of marriage  

      1. In cases of divorce, the legislation of the Contracting Party of which the spouses are citizens at the time of filing the application is applied.  

      2. If one of the spouses is a citizen of one Contracting Party and the other is a citizen of the other Contracting Party, the legislation of the Contracting Party whose judicial institution is considering the case of divorce shall apply.  

         Article 32 Competence of the judicial institutions of the Contracting Parties  

      1. In cases of divorce in the case provided for in paragraph 1 of Article 31 of this Convention, the judicial institutions of the Contracting Party of which the spouses are citizens at the time of filing the application are competent. If, at the time of filing the application, both spouses reside in the territory of the other Contracting Party, the institutions of that Contracting Party are also competent.  

      2. In cases of divorce in the case provided for in paragraph 2 of Article 31 of this Convention, the judicial institutions of the Contracting Party in whose territory both spouses reside are competent. If one of the spouses resides in the territory of one Contracting Party and the other in the territory of the other Contracting Party, the judicial institutions of both Contracting Parties in whose territories the spouses reside are competent in cases of divorce.  

         Article 33 Recognition of marriage as invalid  

      1. In cases of recognition of marriage as invalid, the legislation of the Contracting Party, which, in accordance with Article 29 of this Convention, was applied at the time of marriage, shall apply.  

      2. The competence of judicial institutions in cases of recognition of marriage as invalid shall be determined in accordance with article 32 of this Convention.  

         Article 34 Establishing and challenging paternity or motherhood  

      The establishment and challenge of paternity or motherhood is determined by the legislation of the Contracting Party of which the child is a citizen, if it is impossible to determine his nationality, by the legislation of the Contracting Party of which the child is a citizen by birth.  

         Article 35 Legal relations between parents and children  

      1. The rights and obligations of parents and children, including the obligations of parents to maintain children, are determined by the legislation of the Contracting Party in whose territory they have a permanent joint place of residence, and in the absence of a permanent joint place of residence of parents and children, their mutual rights and obligations are determined by the legislation of the Contracting Party of which the child is a citizen.  

      At the request of the plaintiff for alimony obligations, the legislation of the Contracting Party in whose territory the child permanently resides is applied.  

      2. The alimony obligations of adult children in favor of their parents, as well as the alimony obligations of other family members, are determined by the legislation of the Contracting Party in whose territory they had a joint place of residence. In the absence of a joint place of residence, such obligations are determined by the legislation of the Contracting Party of which the claimant is a national.  

      3. In cases of legal relations between parents and children, the court of the Contracting Party whose legislation is to be applied in accordance with paragraphs 1 and 2 of this Article is competent.  

      4. The execution of court decisions in cases related to the upbringing of children shall be carried out in accordance with the procedure established by the legislation of the Contracting Party in whose territory the child resides.  

      5. The Contracting Parties shall assist each other in the search for the defendant in cases of alimony recovery, when there is reason to believe that the defendant is in the territory of the other Contracting Party, and the court has issued a ruling on the announcement of his search.  

         Article 36 Guardianship and trusteeship  

      1. The establishment or cancellation of guardianship and trusteeship is carried out according to the legislation of the Contracting Party of which the person in respect of whom guardianship or trusteeship is established or cancelled is a national.  

      2. The legal relationship between a guardian or trustee and a person under guardianship or guardianship is regulated by the legislation of the Contracting Party whose institution appointed the guardian or trustee.  

      3. The obligation to accept guardianship or trusteeship is established by the legislation of the Contracting Party of which the person appointed guardian or trustee is a national.  

      4. A citizen of the other Contracting Party may be appointed as the guardian or trustee of a person who is a citizen of one Contracting Party, if he resides in the territory of the Contracting Party where guardianship or trusteeship will be carried out.  

         Article 37 Competence of institutions in matters of guardianship and guardianship  

      In cases concerning the establishment or revocation of guardianship and guardianship, the institutions of the Contracting Party of which the person in respect of whom guardianship or guardianship is established or revoked is competent, unless otherwise provided by this Convention.  

         Article 38 Procedure for taking guardianship and trusteeship measures  

      1. If it is necessary to take guardianship or guardianship measures in the interests of a citizen of one Contracting Party whose permanent residence, residence or property is located in the territory of the other Contracting Party, the institution of that Contracting Party shall promptly notify the institution competent in accordance with Article 37 of this Convention.  

      2. In urgent cases, the institution of the other Contracting Party may itself take the necessary interim measures in accordance with its legislation. In doing so, it is obliged to promptly notify the institution competent in accordance with article 37 of this Convention. These measures remain in force until a different decision is taken by the institution referred to in article 37.  

         Article 39 Procedure for transfer of guardianship and trusteeship  

      1. An institution of one Contracting Party competent in accordance with Article 37 of this Convention may transfer guardianship or guardianship to an institution of the other Contracting Party if the person under guardianship or guardianship has domicile, residence or property in the territory of that Contracting Party. The transfer of custody or guardianship takes effect when the institution of the requested Contracting Party assumes custody or guardianship and notifies the institution of the requesting Contracting Party accordingly.  

      2. The institution which has assumed guardianship and trusteeship in accordance with paragraph 1 of this Article shall carry them out in accordance with the legislation of its Contracting Party.  

         Article 40 Adoption  

      1. Adoption or its cancellation is carried out according to the legislation of the Contracting Party of which the adoptive parent is a national at the time of filing the application for adoption or its cancellation, unless otherwise provided by the domestic legislation of the Contracting Party of which the child is a national.  

      2. If the child is a citizen of another Contracting Party, then upon adoption or its cancellation, it is necessary to obtain the consent of the legal representative and the competent state authority, as well as the consent of the child, if required by the legislation of the Contracting Party of which he is a citizen.  

3. If a child is adopted by spouses, one of whom is a citizen of one Contracting Party and the other a citizen of the other Contracting Party, the adoption or its cancellation must be carried out in accordance with the conditions provided for by the legislation of both Contracting Parties, taking into account the provisions of paragraphs 1 and 2 of this Article.  

      4. In cases of adoption or its cancellation, the institution of the Contracting Party of which the adoptive parent is a national at the time of filing the application for adoption or its cancellation is competent, and in the case provided for in paragraph 3 of this article, the institution of the Contracting Party in whose territory the spouses have or had their last joint residence or domicile is competent.  

Part IV.  Property legal relations

         Article 41 The right of ownership  

      1. Ownership of immovable property is determined by the legislation of the Contracting Party in whose territory the immovable property is located. The question of which property is immovable is decided in accordance with the legislation of the Contracting Party in whose territory this property is located.  

      2. The ownership of vehicles to be entered in state registers is determined by the legislation of the Contracting Party in whose territory the authority that registered the vehicle is located.  

      3. The emergence and termination of ownership rights or other proprietary rights to property is determined by the legislation of the Contracting Party in whose territory the property was located at the time when the action or other circumstance that served as the basis for the emergence or termination of such a right took place.  

      4. The emergence and termination of ownership rights or other proprietary rights to property that is the subject of a transaction is determined by the legislation of the place of the transaction, unless otherwise provided by agreement of the Contracting Parties.  

         Article 42 Form of the transaction  

      1. The form of a transaction is determined by the legislation of the Contracting Party in whose territory it is carried out.  

      2. The form of a transaction concerning immovable property and rights to it is determined by the legislation of the Contracting Party in whose territory such property is located.  

         Article 43 Power of attorney  

      The form and term of validity of the power of attorney are determined by the legislation of the Contracting Party in whose territory it was issued. Such a power of attorney with a notarized translation into the language of the Contracting Party in whose territory it will be used, or into Russian, is accepted in the territories of other Contracting Parties without any special certificate.  

         Article 44 Rights and obligations of the parties to the transaction  

      The rights and obligations of the parties to a transaction are determined by the legislation of the Contracting Party in whose territory it is performed, unless otherwise provided by agreement of the parties.  

         Article 45 Compensation for damage  

      1. Obligations to compensate for damage, other than those arising from contracts and other lawful actions, are determined by the legislation of the Contracting Party in whose territory the action or other circumstance that served as the basis for the claim for compensation took place.  

      2. If the harm-doer and the victim are citizens of the same Contracting Party, the legislation of that Contracting Party shall apply.  

      3. In the cases referred to in paragraphs 1 and 2 of this Article, the court of the Contracting Party in whose territory the action or other circumstance that served as the basis for the claim for damages took place is competent. The victim may also file a claim in the court of the Contracting Party in whose territory the defendant resides.  

         Article 46 Limitation period  

      The limitation period issues are resolved according to the legislation that is applied to regulate the relevant legal relationship.  

Part V.  Inheritance

         Article 47 Principle of equality  

      Citizens of each of the Contracting Parties may inherit property or rights in the territories of the other Contracting Parties under the law or by will on equal terms and to the same extent as citizens of this Contracting Party.  

         Article 48 The right of inheritance  

      1. The right to inherit property, except in the case provided for in paragraph 2 of this Article, is determined by the legislation of the Contracting Party in whose territory the testator had his last permanent place of residence.  

      2. The right to inherit immovable property is determined by the legislation of the Contracting Party in whose territory this property is located.  

         Article 49 Transfer of inheritance to the State  

      If, according to the legislation of a Contracting Party applicable to inheritance, the heir is the State, then the movable inherited property passes to the Contracting Party of which the testator is a national at the time of death, and the immovable inherited property passes to the Contracting Party in whose territory it is located.  

         Article 50 The will  

      The ability of a person to draw up and revoke a will, as well as its form and procedure for revocation, are determined by the legislation of the Contracting Party where the testator had his place of residence at the time of drawing up the act. However, a will or its cancellation cannot be declared invalid due to non-compliance with the form, if the latter meets the requirements of the legislation of the Contracting Party where the will was drawn up.  

         Article 51 Competence in inheritance matters  

      1. The institutions of the Contracting Party in whose territory the testator resided at the time of his death are competent to conduct proceedings on inheritance of movable property.  

      2. The institutions of the Contracting Party in whose territory the property is located are competent to conduct proceedings on inheritance of immovable property.  

      3. The provisions of paragraphs 1 and 2 of this article shall also apply to the consideration of disputes arising in connection with inheritance proceedings.  

         Article 52 Competence of a diplomatic mission or consular institution in inheritance matters  

      In cases of inheritance, including inheritance disputes, the diplomatic missions or consular offices of each of the Contracting Parties are competent to represent (with the exception of the right to renounce inheritance), without a special power of attorney, citizens of their Contracting Party in the institutions of other Contracting Parties, if they are absent or have not appointed a representative.  

         Article 53 Measures for the protection of inheritance  

      1. The institutions of the Contracting Parties shall take, in accordance with the legislation of their Contracting Parties, measures necessary to ensure the protection of inheritance left on their territories by citizens of other Contracting Parties, or to manage it.  

      2. The diplomatic mission or consular office of the Contracting Party of which the testator is a national shall be notified without delay of the measures taken in accordance with paragraph 1 of this Article. The specified representative office or institution may participate in the implementation of these measures.  

      3. At the request of the judicial institutions of the Contracting Parties competent to conduct inheritance proceedings, as well as diplomatic missions and consular institutions, the measures taken in accordance with paragraph 1 of this article may be changed, canceled or postponed.  

Section III.  Recognition and enforcement of decisions

         Article 54 Recognition and enforcement of judgments  

      1. Each of the Contracting Parties, under the conditions provided for in this Convention, recognizes and implements the following decisions rendered in the territories of other Contracting Parties:  

      a) decisions of the judicial institutions of the Contracting Parties in civil and family matters, including court-approved settlement agreements in such cases and notarial acts in respect of monetary obligations (hereinafter referred to as decisions);  

      b) sentences (decisions) of criminal courts regarding compensation for damages, fines and confiscation;  

      c) court decisions to seize property, including funds in bank accounts, in order to secure a claim.  

      2. The recognition and enforcement of the decisions referred to in paragraph 1 of this Article shall be carried out in accordance with the legislation of the requested Contracting Party.  

         Article 55 Recognition of decisions that do not require execution  

      1. Decisions rendered by the institutions of justice of each of the Contracting Parties and which have entered into legal force and which do not require execution by their nature, shall be recognized in the territories of the other Contracting Parties without special proceedings, provided that:  

      (a) The judicial institutions of the requested Contracting Party have not previously rendered a final decision in this case.;  

      b) the case under this Convention, and in cases not provided for by it, according to the legislation of the Contracting Party in whose territory the decision is to be recognized, does not fall within the exclusive competence of the judicial institutions of that Contracting Party.  

      2. The provisions of paragraph 1 of this article shall also apply to decisions on guardianship and guardianship and to decisions on divorce issued by institutions competent in accordance with the legislation of the Contracting Party in whose territory the decision was made.  

         Article 56 Request for recognition and enforcement of a decision  

1. An application for recognition and enforcement of a decision shall be submitted by the party in whose favor the decision was rendered to the competent court of the Contracting Party where the decision is to be enforced. It can also be filed with the court, which ruled on the case in the first instance. This court shall forward the application for recognition and enforcement of its decision to the court competent to rule on the application.  

      2. The following documents are attached to the application::  

      a) the decision or its certified copy, as well as an official document stating that the decision has entered into force and is enforceable, or that it is enforceable before it enters into force, if this does not follow from the decision itself;  

      b) a document from which it follows that the party against whom the decision was made, who did not take part in the process, was duly and promptly summoned to court, and in the case of her procedural incapacity, was duly represented;  

      c) a document confirming the partial execution of the decision at the time of its transmission;  

      d) a document confirming the agreement of the parties on matters of contractual jurisdiction.  

      3. The application for recognition and enforcement of the decision and the documents attached thereto shall be provided with a certified translation into the language of the requested Contracting Party or into Russian.  

         Article 57 Procedure for recognition and enforcement of decisions  

      1. Applications for recognition and enforcement of judgments provided for in Article 54 of this Convention shall be considered by the courts of the Contracting Party in whose territory enforcement is to be carried out.  

      2. The court considering an application for recognition and enforcement of a judgment shall be limited to establishing that the conditions provided for in this Convention have been met. If the conditions are met, the court decides on the execution.  

      3. The procedure for the recognition and enforcement of decisions is determined by the legislation of the Contracting Party in whose territory the execution is to be carried out.  

         Article 58 Enforcement of court decisions on the collection of fines, confiscation of property and proceeds from criminal activity  

      1. Decisions of the court of the requesting Contracting Party on the collection of fines, confiscation or conversion to State revenue of objects and property in a criminal case or confiscation of illegally obtained income shall be executed by the requested Contracting Party on the grounds and in accordance with the procedure established by Articles 8, 54, 56, 57, 59 of this Convention.  

      2. The amounts of fines collected shall be transferred to the requesting Contracting Party.  

      3. Only the requesting Contracting Party has the right to review the decision on confiscation. The procedure for carrying out confiscation is determined by the legislation of the requested Contracting Party.  

      The requested Contracting Party is bound by findings of fact to the extent that they are set out in a verdict or other judicial decision issued by the requesting Contracting Party, or to the extent that the verdict or other judicial decision is based on those findings.  

      The confiscated property or equivalent property may be transferred in whole or in part to the Contracting Party in which the confiscation decision was made.  

      In each specific case, the requesting and requested Contracting Parties shall agree on the division of property received by the requested Contracting Party in the execution of the confiscation decision in accordance with this Convention.  

         Article 59 Refusal of recognition and enforcement of decisions  

      The recognition and enforcement of the decisions provided for in article 54 of this Convention may be refused in the following cases::  

      a) the decision was made in violation of the provisions established by this Convention;  

      b) in accordance with the legislation of the Contracting Party in whose territory the decision was made, it has not entered into force and is not enforceable, except in cases where the decision is enforceable before it enters into force.;  

      c) the defendant did not participate in the trial due to the fact that he or his authorized representative was not promptly and properly served with a summons to court.;  

      d) in a case between the same parties, on the same subject and on the same basis, in the territory of the Contracting Party where the decision is to be recognized and enforced, a final decision has already been rendered or there is a recognized decision of a court of a third State, or if the judicial institution of that Contracting Party has previously initiated proceedings on this a case that has not been completed at the time of receipt of the request for recognition and enforcement of the decision of the judicial institution of the other Contracting Party;  

      e) in accordance with the provisions of this Convention, and in cases not provided for by it, in accordance with the legislation of the Contracting Party in whose territory the decision is to be recognized and enforced, the case falls within the exclusive competence of its judicial institution.;  

      f) there is no document confirming the agreement of the parties on the case of contractual jurisdiction;  

      g) the limitation period for execution provided for by the legislation of the requested Contracting Party has expired;  

      h) the recognition and enforcement of the decision is contrary to the public policy of the requested Contracting Party.  

Section IV.  Legal assistance and legal relations in criminal matters Part I.  Orders for the provision of legal assistance in criminal matters

         Article 60 Content and form of a request for legal assistance in a criminal case  

      1. An order for the provision of legal assistance in a criminal case shall be drawn up in accordance with the requirements of Article 7 of this Convention.  

      2. The order must also specify:  

      a) a description and qualification of the crime committed, data on the amount of damage, if it was caused as a result of a criminal act;  

      b) a detailed list of procedural actions, investigative or operational-investigative measures that must be carried out in the framework of a criminal case, as well as other information necessary for the execution of the order;  

      c) a list of questions that need to be clarified during the interrogation;  

      d) the full text of the norm of the law, on the grounds of which the criminal case is being investigated.  

      3. The request for legal assistance in a criminal case shall be accompanied by certified and duly certified orders on the conduct of procedural actions, investigative or operational search measures, authorized, if necessary, in accordance with the procedure established by the legislation of the requesting Contracting Party.  

         Article 61 Execution of an order to provide legal assistance in a criminal case  

      1. The competent judicial institutions of the Contracting Parties shall ensure the execution of orders for the provision of legal assistance in criminal matters in accordance with the requirements of Article 8 of this Convention.  

      2. The decisions of the judicial institution of the requesting Contracting Party specified in paragraph 3 of Article 60 of this Convention are the basis for the procedural and other actions specified therein. Additional legalization of them during the execution of the order is not required, if this does not contradict the domestic legislation of the requested Contracting Party.  

      3. In order to ensure the most complete and accurate execution of the order, the judicial institution of the requested Contracting Party may request additional information from the judicial institution of the requesting Contracting Party.  

      In the process of executing the order, the judicial institutions of the requesting and requested Contracting Parties may also exchange information on the progress of investigative actions, investigative or operational-search measures, provide each other with additional information, as well as coordinate issues on the conduct of additional investigative actions, investigative or operational-search measures.  

      4. After completing the assignment, the institution of justice of the requested Contracting Party sends the received materials to the institution of justice of the requesting Contracting Party or to the initiator of the assignment with notification of the execution of the assignment of the institution of justice of the requesting Contracting Party.  

         Article 62 Time limits for the execution of orders for the provision of legal assistance in criminal matters  

      1. Orders for the provision of legal assistance in criminal matters shall be executed within the time period provided for by the legislation of the requested Contracting Party.  

      2. If necessary, the deadline for the execution of an order for the provision of legal assistance may be extended by agreement of the competent judicial institutions of the Contracting Parties.  

         Article 63 Establishment and operation of joint investigative and operational groups  

      1. In order to quickly and comprehensively investigate crimes committed by one or more persons in the territories of two or more Contracting Parties or affecting their interests, joint investigative and operational groups may be established.  

      2. A proposal to establish a joint investigative task force shall be drawn up in accordance with the procedure provided for in article 60 of this Convention.  

      3. The requested Contracting Party shall, within 15 days of receiving the proposal to establish a joint investigative task force, notify the requesting Contracting Party of the decision taken and, if agreed, simultaneously provide it with a list of officials included in such a group.  

4. The members of the joint investigative task force interact directly with each other, coordinate the main directions of the investigation, conduct investigative actions, search or operational search activities, and exchange information received. The initiator of the creation of a joint investigative task force or one of its members coordinates their activities by agreement.  

      5. Investigative actions, search or operational search activities are carried out by members of the joint investigative task force of the Contracting Party in whose territory they are conducted. The participation of members of the joint investigative task force of one Contracting Party in conducting investigative actions, search and operational search activities on the territory of the other Contracting Party is carried out in accordance with the procedure provided for in Article 8 of this Convention.  

         Article 64 Execution of an order under certain conditions  

      1. The judicial institution of the requested Contracting Party may delay the execution of an order or partially execute it if its immediate execution interferes with an investigation or judicial proceedings that are being conducted in the territory of the requested Contracting Party.  

      2. Before deciding on the postponement of the execution of the order or its partial execution, the judicial institution of the requested Contracting Party considers the possibility of executing the order under certain conditions. If the judicial institution of the requesting Contracting Party agrees to such conditions, it shall notify the judicial institution of the requested Contracting Party in writing and comply with the conditions set.  

         Article 65 The legal significance of evidence obtained as a result of the execution of the order  

      The evidence obtained in the requested Contracting Party as a result of the execution of the order in accordance with its legislation has the same evidentiary value in the requesting Contracting Party.  

Part II.  Extradition

         Article 66 Obligation of extradition  

      1. The Contracting Parties undertake, in accordance with the conditions provided for in this Convention, to extradite, upon request, persons located in their territories to each other for criminal prosecution or for the execution of a sentence.  

      2. Extradition for criminal prosecution is carried out for such acts, which, according to the domestic legislation of the requesting and requested Contracting Parties, are criminally punishable and for which a penalty of imprisonment for a period of at least one year or more is provided.  

      3. Extradition for the purpose of carrying out a sentence shall be carried out for such acts, which, in accordance with the domestic legislation of the requesting and requested Contracting Parties, are criminally punishable and for their commission the person whose extradition is requested has been sentenced to imprisonment for a term of at least six months or a more severe punishment.  

      4. When deciding whether the act for which extradition is requested is criminalized under the domestic legislation of the requested and requesting Contracting Parties, differences in the description of individual elements of the crime and in the terminology used do not matter.  

         Article 67 Request for extradition  

      1. The request for extradition must contain the following information:  

      a) the names of the judicial institutions of the requesting and requested Contracting Parties;  

      b) a description of the actual circumstances of the act that served as the basis for requesting extradition, and the text of the law of the requesting Contracting Party on the basis of which this act is recognized as a crime, indicating the penalty provided for by this law.;  

      c) the surname, first name, patronymic of the person to be issued, the year and place of his birth, citizenship, place of residence or stay, if possible - a description of his appearance, photograph, fingerprints and other information about his identity;  

      d) data on the amount of damage caused by the crime and information on its compensation.  

      2. A request for extradition for criminal prosecution must be accompanied by certified copies of the decisions on detention and prosecution.  

      3. The request for extradition for the execution of the sentence must be accompanied by certified copies of the sentence with a note on its entry into force and the text of the provision of the criminal law on the basis of which the person was convicted. If the convicted person has already served part of the sentence, information about this is also provided.  

      4. An extradition request and the documents attached thereto shall be executed in compliance with the provisions of paragraph 3 of Articles 7 and 17 of this Convention.  

         Article 68 Establishing the location and taking into custody of a person upon receipt of a request for his extradition  

      Upon receipt of an extradition request, the competent judicial institution of the requested Contracting Party shall immediately take measures to locate the person whose extradition is being requested and take him into custody, except in cases where extradition cannot be carried out.  

         Article 69 Search for a person before receiving an extradition request  

      1. The competent judicial institutions of the Contracting Parties shall, on behalf of a person, search for him before receiving a request for his extradition, except in cases where extradition cannot be carried out if there are grounds to believe that this person may be located in the territory of the requested Contracting Party.  

      2. A search warrant shall be drawn up in accordance with the provisions of article 7 of this Convention and shall contain as complete a description of the wanted person as possible, along with any other information allowing to establish his location, a request for his detention, indicating that a request for the extradition of this person will be submitted.  

      3. A certified copy of the decision of the competent judicial institution of the requesting Contracting Party on the detention of the wanted person or the sentence that has entered into legal force, information on the unserved part of the sentence, as well as a photograph and fingerprints (if any), shall be attached to the search order.  

      4. The competent judicial institution of the requesting Contracting Party shall be informed immediately of the results of the search for a person carried out before receiving an extradition request.  

         Article 70 Detention or detention pending the receipt of an extradition request  

      1. Upon request, a person whose extradition is requested may be taken into custody even before receiving an extradition request. The application must contain a reference to the decision of the competent judicial institution of the requesting Contracting Party on detention or to the sentence that has entered into force, and an indication that the extradition request will be submitted additionally. An application for detention pending the receipt of an extradition request may be submitted using technical means of communication with the simultaneous sending of the original by mail or courier.  

      2. A person whose extradition is requested may be taken into custody prior to receiving an extradition request and in connection with putting him on the international (interstate) wanted list. The reason for his detention in such cases is the decision of the competent judicial institution of the requesting Contracting Party to take him into custody as a preventive measure or a sentence that has entered into legal force.  

      3. A person may also be detained without receiving the request referred to in paragraph 1 of this Article if there are grounds provided for by domestic law to suspect that he has committed an extraditable offence in the territory of another Contracting Party.  

      4. The competent judicial institution of the requesting Contracting Party is immediately notified of the detention or detention pending the receipt of an extradition request.  

         Article 71 Time limits for consideration of an extradition request  

      1. An extradition request is subject to consideration within 30 days after its receipt by the competent judicial institution of the requested Contracting Party, unless otherwise provided by the legislation of that Contracting Party. The results of the examination of the extradition request shall be reported to the judicial institution of the requesting Contracting Party.  

      2. If the extradition request does not contain all the necessary data, the judicial institution of the requested Contracting Party may request additional information, for which it sets a time limit of up to 30 days. This period may be extended up to 30 days at the request of the judicial institution of the requesting Contracting Party.  

         Article 72 Detention of a person in custody  

      1. The reason for the placement of a person in custody (detainee), in respect of whom the issue of extradition is being decided, in places of detention is a decision on detention issued by the competent judicial institution of the requesting Contracting Party, or a decision of the competent judicial institution of the requested Contracting Party, if this is provided for by its legislation.  

      2. The detention of a person taken into custody (detained) is carried out in accordance with the legislation of the requested Contracting Party.  

         Article 73 Extension of the period of detention of a person subject to extradition  

In the event of circumstances preventing the extradition of a person within the time limits established by this Convention, the competent judicial institution of the requesting Contracting Party in charge of the criminal case shall decide, in accordance with domestic law, whether to extend the period of detention of the extradited person and send a duly certified copy of the decision to that effect to the judicial institution of the requested Contracting Party.  

         Article 74 Calculation of the period of detention  

      The time of detention and detention of the extradited person in the territory of the requested Contracting Party, as well as the time of his transfer, shall be counted by the requesting Contracting Party in the total period of his detention.  

         Article 75 Release of a person in custody  

      A person taken into custody in the territory of the requested Contracting Party in accordance with this Convention must be released immediately if:  

      a) the competent judicial institution of the requesting Contracting Party has been notified of the need to release the person in question;  

      (b) The extradition request and the accompanying documents provided for in article 67 of this Convention have not been submitted within 40 days of the arrest and detention of the wanted person.;  

      (c) Additional information to the extradition request requested by the requested Contracting Party in accordance with paragraph 2 of Article 71 of this Convention has not been provided within the time limit set by this Article.;  

      d) the period of detention of the person to be extradited specified in the decision on detention has expired and the requesting Contracting Party has not provided a copy of the decision on the extension of this period.  

         Article 76 Ensuring the right to protection  

      1. Persons taken into custody (detained) in accordance with the provisions of this Convention have the right to protection in the territory of each of the Contracting Parties in accordance with their legislation.  

      2. Complaints from persons in custody, their defenders or legal representatives regarding the application of a preventive measure in the form of detention, or the extension of the period of detention, shall be filed with a court or other competent judicial institution of the requesting Contracting Party.  

      The court or other competent judicial institution of the requested Contracting Party at the place of detention (detention) of the wanted person, when considering the complaints of these persons, is limited to verifying compliance with the provisions of this Convention.  

         Article 77 Postponement of extradition  

      1. If the person whose extradition is requested has been prosecuted or convicted of another crime in the territory of the requested Contracting Party, his extradition may be postponed until the criminal prosecution is terminated, the sentence is carried out, or until he is released from punishment or served.  

      2. The requesting Contracting Party shall be notified of the postponement of extradition.  

         Article 78 Temporary extradition  

      1. If the postponement of extradition provided for in article 77 of this Convention may lead to the expiration of the statute of limitations for criminal prosecution or prejudice the investigation of the crime, the person whose extradition is requested may, upon request, be temporarily extradited.  

      2. The temporarily extradited person must be returned to the requested Contracting Party after the criminal proceedings for which he was extradited have been carried out, but no later than 90 days after the transfer of the person. In justified cases, this period may be extended by the competent judicial institution of the requested Contracting Party at the request of the competent judicial institution of the requesting Contracting Party.  

         Article 79 Conflict of extradition requests  

      If extradition requests are received from several Contracting Parties, the requested Contracting Party independently decides which of these requests should be granted.  

         Article 80 Limits of criminal prosecution of an extradited person  

      1. Without the consent of the requested Contracting Party, an extradited person may not be prosecuted or punished for a crime committed before his extradition for which he has not been extradited.  

      2. A person may not be extradited to a third Country without the consent of the requested Contracting Party.  

      3. The consent of the requested Contracting Party specified in paragraphs 1, 2 of this Article is not required if the extradited person does not leave the territory of the requesting Contracting Party before the expiration of 30 days after the end of criminal proceedings, and in case of conviction - before the expiration of 30 days after serving the sentence or release from it, or if he voluntarily returns there. This period does not include the time during which the extradited person could not leave the territory of the requesting Contracting Party for reasons beyond his control.  

         Article 81 Non-application of the death penalty  

      For the purposes of this Convention and without prejudice to the legislation of the requested and requesting Contracting Parties, the death penalty shall not be applied by the requesting Contracting Party to a person extradited in accordance with the provisions of this Convention, unless such punishment is applied by the requested Contracting Party.  

         Article 82 Transfer of the extradited person  

      1. If the extradition request is granted, the requested Contracting Party shall notify the requesting Contracting Party of the place and time of transfer of the extradited person and deliver him to the place of transfer.  

      2. If the requesting Contracting Party does not accept the person to be extradited within 15 days after the agreed transfer date, that person must be released from custody. In justified cases, the deadline for the transfer of the extradited person at the request of the competent judicial institution of the requesting Contracting Party may be extended up to 15 days.  

         Article 83 Repeated detention in connection with extradition  

      1. The release of a person in accordance with paragraph (a) of article 75, paragraph 2 of article 82 of this Convention does not prevent his re-taking into custody with a view to extradition in the event of a new extradition request.  

      2. A person released in accordance with paragraphs (b), (c) and (d) of article 75 of this Convention may be remanded in custody for extradition purposes if an extradition request, additional information to the extradition request or a decision to extend the period of detention are received after the expiration of the established time limits. deadlines.  

         Article 84 Re-extradition  

      1. If the extradited person evades criminal prosecution or serving a sentence for the crime for which he was extradited and returns to the territory of the requested Contracting Party, he must be extradited upon a new request without providing the materials referred to in Article 67 of this Convention.  

      2. Re-extradition shall be carried out on general grounds in accordance with this Convention if the person commits a new offence in the territory of the requesting Contracting Party or the scope of the charge against him has changed.  

         Article 85 Notification of the results of criminal proceedings  

      The Contracting Parties shall inform each other of the results of the criminal proceedings against the extradited person. Upon request, a copy of the final decision will also be sent.  

         Article 86 Transit transportation, staging  

      1. One Contracting Party, at the request of the other Contracting Party, authorizes transit transportation, and also, in accordance with the established procedure, transports persons through its territory who have been extradited or temporarily transferred to the other Contracting Party by a third State. A transit permit is not required if it is carried out by air without an intermediate landing on the territory of the Contracting Party through which the transit is carried out.  

      2. An application for transit transportation and staging shall be drawn up and considered in the same manner as an extradition request.  

      3. The requested Contracting Party shall permit transit transportation of the extradited person in such manner and along such route as it deems most appropriate.  

         Article 87 Expenses related to extradition, transit and staging  

      The costs associated with extradition, temporary transfer and staging are borne by the Contracting Party in whose territory they originated, and the costs associated with transit transportation are borne by the requesting Contracting Party.  

         Article 88 Procedure for extradition relations  

      Communication on extradition issues is carried out by the General Prosecutors (prosecutors) Of the Contracting Parties, unless a different procedure is established by their domestic legislation.  

         Article 89 Refusal of extradition  

                   1. The issue is not performed if:  

            (a) The person whose extradition is requested is a national of the requested Contracting Party;  

            b) at the time of receipt of the extradition request, criminal prosecution under the legislation of the requested Contracting Party cannot be initiated or the sentence cannot be carried out due to the expiration of the statute of limitations or for other legitimate reasons.;  

            c) in respect of the person whose extradition is requested, a sentence has been passed in the territory of the requested Contracting Party for the same crime, which has entered into legal force, or a decision to refuse to institute criminal proceedings or to terminate proceedings in the case.;  

d) the act in connection with which extradition is requested, in accordance with the legislation of the requesting or requested Contracting Party, is prosecuted only by way of private prosecution (at the request of the victim);  

            e) extradition may prejudice the sovereignty and security of the requested Contracting Party;  

            (e) There are substantial grounds to believe that the extradition request is related to the persecution of a person on the basis of race, gender, religion, ethnicity or political beliefs;  

            g) the act in connection with which extradition is requested is classified under the legislation of the requested Contracting Party as military crimes, which are not crimes under ordinary criminal law.;  

            h) the person whose extradition is requested has previously been extradited to the requested Contracting Party by a third State and the consent of that State for extradition has not been obtained;  

            i) the person whose extradition is requested has been granted asylum in the territory of the requested Contracting Party;  

            (k) There are other grounds provided for in an international treaty to which the requesting and requested Contracting Parties are parties.  

      2. Extradition may be refused if the act in connection with which extradition is requested was committed in the territory of the requested Contracting Party.  

      3. In case of refusal of extradition, the requesting Contracting Party must be informed of the grounds for refusal within 10 days from the date of the decision to do so.  

         Article 90 Criminal prosecution of an extradited person  

      In case of refusal to extradite the requested person, the competent judicial institution of the requested Contracting Party, on the basis of a request and materials from the competent judicial institution of the requesting Contracting Party, decides, in accordance with the legislation of the Contracting Party, the issue of criminal prosecution against the person whose extradition was refused.  

Part III.  Implementation of criminal prosecution

         Article 91 Obligation to carry out criminal prosecution  

      1. Each Contracting Party undertakes, on behalf of the other Contracting Party, to carry out criminal prosecution in accordance with the legislation of the Contracting Party against its own citizens suspected or accused of committing crimes in the territory of the requesting Contracting Party.  

      Criminal prosecution is also carried out by the Contracting Parties against stateless persons and foreign citizens residing in their territories in cases of refusal to extradite them.  

      2. If the crime for which a criminal case has been initiated entails civil claims of persons who have suffered damage from the crime, then these claims, if there is a petition from such persons for compensation for damage, are considered in this case or in civil proceedings.  

      3. Criminal prosecution in the requested Contracting Party may be carried out provided that the act is criminally punishable in that Contracting Party.  

      Upon conviction, the penalty imposed for the crime committed must not be more severe than the punishment provided for by the legislation of the requesting Contracting Party.  

         Article 92 Instruction on the implementation of criminal prosecution  

      1. The instruction on the implementation of criminal prosecution must contain:  

      a) the name of the judicial institution of the requested Contracting Party;  

      b) the name of the judicial institution of the requesting Contracting Party;  

      c) a description of the act in connection with which the criminal prosecution order is sent;  

      d) a more precise indication of the time, place and circumstances of the commission of the act is possible;  

      e) the text of the law of the requesting Contracting Party, on the basis of which the act is recognized as a crime, as well as the text of other legislative norms essential to the proceedings in the case;  

      f) the surname, first name and patronymic of the suspect or accused person, his nationality, as well as other information about his identity;  

      g) statements by victims in criminal cases initiated at the request of the victim, and statements for compensation for harm;  

      h) an indication of the amount of damage caused by the crime.  

      The request shall be accompanied by the materials of the criminal case available to the requesting Contracting Party, while the evidence obtained in the requesting Contracting Party in accordance with its domestic legislation has the same evidentiary value in the requested Contracting Party.  

      2. If the requesting Contracting Party submits an initiated criminal case, the investigation in this case is continued by the requested Contracting Party in accordance with its domestic legislation. Prior to sending an order for criminal prosecution, the requesting Contracting Party decides on the extension of the investigation period, the detention of the accused and the resumption of proceedings.  

      3. Each of the documents in the file must be certified with the stamp of the competent judicial institution of the requesting Contracting Party.  

      4. The assignment and the documents attached to it shall be drawn up in accordance with the provisions of Articles 7 and 17 of this Convention.  

      5. If the accused is being held in custody in the territory of the requesting Contracting Party at the time of sending the criminal prosecution order, he/she shall be transferred to the requested Contracting Party.  

         Article 93 Taking into custody of one's own citizens until receiving instructions to carry out criminal prosecution  

      1. Each Contracting Party may, at the request of the other Contracting Party, detain its own citizens until it receives instructions to prosecute them for serious and especially serious crimes. The application must contain a reference to the detention order and an indication that the criminal prosecution order will be submitted additionally.  

      The said petition and the detention order may be transmitted using technical means of communication and the originals may be sent by mail or courier at the same time.  

      2. The requesting Contracting Party in charge of the criminal case shall be notified immediately (by fax, telephone, telegraph, etc.) of the detention of a person who is a national of the requested Contracting Party, and in accordance with article 91 of this Convention, the issue of sending relevant materials for the criminal prosecution of this person is raised.  

      3. In the case of criminal prosecution of such a person, the legislation of the requested Contracting Party shall apply.  

      4. A person taken into custody in accordance with paragraph 1 of this Article shall be released if the requested Contracting Party does not receive an order for criminal prosecution with all the documents provided for in Article 92 of this Convention within 40 days from the date of the person's detention.  

      The requested Contracting Party decides on the criminal prosecution of this person on the basis of domestic legislation.  

         Article 94 Procedure for communication on matters of criminal prosecution  

      Communication on criminal prosecution issues is carried out by the General Prosecutors (prosecutors) Of the Contracting Parties, unless a different procedure is established by their domestic legislation.  

         Article 95 Transfer of jurisdiction  

      1. From the moment the requested Contracting Party accepts the criminal case, the requesting Contracting Party may not hold the suspect or accused person accountable for the act in connection with which the issue of criminal prosecution has been raised.  

      2. The right of criminal prosecution shall pass to the requesting Contracting Party if the requested Contracting Party does not take measures to comply with its request or refuses to comply with it.  

      3. In the cases provided for in paragraph 2 of this Article, the requested Contracting Party shall return the materials of criminal prosecution and evidence transferred to it.  

         Article 96 Procedure for the transfer of criminal cases pending before the courts  

      1. Criminal cases against defendants who evade court appearances and abscond from court, upon establishing their place of residence and having the nationality of the requested Contracting Party or in case of refusal of extradition, after the suspension of proceedings in the case is lifted, are sent for criminal prosecution to the competent judicial institution of the requested Contracting Party in accordance with the procedure provided for in Article 92. of this Convention.  

      2. In case of additional investigation, termination of the investigation and consideration of the case, the legislation of the requested Contracting Party and Article 90 of this Convention shall apply.  

         Article 97 Notification of the results of criminal prosecution  

      The requested Contracting Party is obliged to notify the requesting Contracting Party of the final decision taken on its behalf on criminal prosecution. At the request of the requesting Contracting Party, a copy of the final decision is sent to it.  

         Article 98 Consequences of the decision on criminal prosecution  

If, in accordance with article 91 of this Convention, an instruction has been sent to a Contracting Party to carry out criminal prosecution after the entry into force of a verdict or a different final decision by the competent judicial institution of the requested Contracting Party on the same act, criminal proceedings on the commission of this act by the competent judicial institution of the requesting Contracting Party may not be initiated again, and their case is subject to termination.  

         Article 99 Mitigating or aggravating circumstances  

      1. Each of the Contracting Parties, when investigating crimes and considering criminal cases by the courts, may take into account the mitigating and aggravating circumstances provided for by its legislation, regardless of which Contracting Party they originated in.  

      2. When deciding on the recognition of a person as a particularly dangerous repeat offender or the presence of various types of recidivism in his actions, on the establishment of facts of repeated commission of a crime and violation of duties related to probation, postponement of execution of a sentence or parole, the judicial institutions of the Contracting Parties may recognize and take into account sentences passed by courts (tribunals) of the former USSR and the Union republics that were part of it, as well as the courts of each of the Contracting Parties.  

         Article 100 Consolidation of criminal cases  

      1. If a person or group of persons commits crimes in the territories of two or more Contracting Parties, criminal cases of these crimes may be combined into one proceeding at the request of the relevant competent judicial institutions of the Contracting Parties.  

      2. Cases are consolidated in compliance with the requirements of articles 91 and 92 of this Convention.  

         Article 101 Procedure for the consideration of cases within the jurisdiction of the courts of two or more Contracting Parties  

      If one person or group of persons is accused of committing several crimes, the cases of which are combined and are subject to the jurisdiction of the courts of two or more Contracting Parties, the court of the Contracting Party in whose territory the preliminary investigation has been completed is competent to consider them. In this case, the case is considered in accordance with the legislation of that Contracting Party.  

         Article 102 Refusal to carry out criminal prosecution  

      1. He refuses to carry out criminal prosecution if:  

      a) at the time of receipt of the criminal prosecution order, the statute of limitations for bringing a person to criminal responsibility has expired;  

      b) in respect of the person whose criminal prosecution is being questioned, in the territory of the requested Contracting Party, for the same crime, a decision has been issued to terminate the proceedings or a sentence has entered into legal force, or the initiation of criminal proceedings has been refused.;  

      c) there is an amnesty act that eliminates the possibility of punishment for the committed act;  

      d) by the time the person commits a socially dangerous act, according to the legislation of the requested Contracting Party, he has not reached the age from which criminal liability begins.  

      2. Criminal prosecution may also be refused on other grounds provided for by the legislation of the requested Contracting Party.  

      3. In case of refusal to carry out criminal prosecution, the requesting Contracting Party must be notified in writing of the grounds for refusal within 10 days from the date of the decision to do so.  

Part IV.  Special provisions on legal assistance and legal relations in criminal matters

         Article 103 Transfer of items  

      1. The Contracting Parties undertake, upon request, to transmit to each other:  

      a) items that were used in the commission of crimes, including instruments of crime; items that were acquired as a result of crimes or as a reward for them, or items that the offender received in return for items acquired in this way;  

      b) items that may have the value of evidence in a criminal case. These items are also transferred if the extradition of criminals cannot be carried out due to their death, escape or other circumstances.  

      2. If the requested Contracting Party requires the items referred to in paragraph 1 of this Article as evidence in a criminal case, their transfer may be postponed until the end of the proceedings.  

      3. The rights of third parties to the transferred items remain in force. After the end of the proceedings, these items must be returned free of charge to the Contracting Party that transferred them, unless the latter refuses them.  

         Article 104 Legal assistance in matters of search, seizure and confiscation of property  

      1. The Contracting Parties, in accordance with their legislation and the provisions of this Convention, shall provide each other with legal assistance in the search, seizure and seizure of property, money and valuables obtained by criminal means, as well as proceeds of criminal activity belonging to the accused (defendants, convicted), compensation for damage to victims of crimes (civil plaintiffs), and the execution of sentences. courts on the collection of fines and confiscation.  

      2. To this end, the competent judicial institutions of the Contracting Parties, on the basis of orders for the provision of legal assistance in criminal matters, in accordance with domestic legislation, carry out all necessary investigative, investigative or operational search measures aimed at detecting property, money and valuables obtained by criminal means, as well as proceeds from criminal activities belonging to the accused (defendants, convicted persons). activities.  

      Having identified such property, money, valuables and income, the competent judicial institutions of the Contracting Parties shall take measures to ensure their safety in the form of seizure to prevent any transactions with them and their seizure.  

      3. The competent judicial institutions of the requested Contracting Party, having established in their jurisdiction property, money and valuables obtained by criminal means, shall transfer them to the competent judicial institutions of the requesting Contracting Party for the purpose of attaching them to the criminal case as material evidence and subsequently returning them to their rightful owners and paying off the damage caused by crimes.  

      4. The competent judicial institutions of the requested Contracting Party, having seized the money, valuables and property of the accused (defendant, convicted), proceeds from criminal activity, shall ensure their safety for the purpose of subsequent repayment of the damage caused by the crime and confiscation on the basis of the judgment of the court of the requesting Contracting Party that has entered into force, taking into account the rules provided for in Article Article 58 of this Convention.  

      5. The competent judicial institutions of the requested Contracting Party may delay the transfer to the judicial institutions of the requesting Contracting Party of property, money and valuables obtained by criminal means, as well as proceeds from criminal activity belonging to the accused (defendants, convicted persons), if they are required in connection with ongoing criminal prosecution or resolution of disputes about the rights of other (third) persons.  

         Article 105 Use of video communication facilities  

      The competent judicial institutions of the Contracting Parties may, by mutual agreement, use video communication when providing legal assistance. The use of video communication facilities is carried out in accordance with the domestic legislation of the Contracting Parties.  

         Article 106 Temporary transfer of a person in custody or serving a custodial sentence  

      1. If it is necessary to interrogate as a witness or victim a person who is in custody or serving a custodial sentence in the territory of another Contracting Party, as well as to conduct other investigative actions with his participation, this person, regardless of his nationality, may, at the reasoned request of the requesting Contracting Party, be transferred to it for a time by decision of the central the body of the institution of justice of the requested Contracting Party, provided that he is detained and returned within the prescribed period.  

      2. A request for temporary transfer of the person referred to in paragraph 1 of this Article shall be drawn up in accordance with the provisions of Article 7 of this Convention and must also contain an indication of the time during which the presence of this person in the requesting Contracting Party is required.  

      3. The temporary transfer of the person referred to in paragraph 1 of this Article shall not be carried out if:  

      a) his consent to such transfer has not been obtained;  

      b) his presence is required at the preliminary investigation or judicial proceedings in the territory of the requested Contracting Party.;  

      c) such transfer may result in violation of the established time limits for the detention of this person or for serving a custodial sentence.  

      4. The guarantees provided for in paragraph 1 of Article 9 of this Convention shall apply to the person referred to in paragraph 1 of this Article.  

         Article 107 Notification of convictions and provision of information on criminal record  

      1. Each of the Contracting Parties will annually inform the other Contracting Parties of the information on the final convictions handed down by its courts against citizens of the respective Contracting Parties, at the same time sending the available fingerprints of the convicted persons.  

2. Each of the Contracting Parties shall provide the other Contracting Parties, free of charge, upon their request, with information on the criminal record of persons previously convicted by its courts, if these persons are prosecuted in the territory of the requesting Contracting Party.  

         Article 108 Controlled delivery  

      The Contracting Parties, in accordance with domestic legislation, shall take measures to ensure, on the basis of mutual agreement of the competent judicial institutions in criminal matters under investigation, the use of the controlled delivery method in order to identify persons involved in the commission of a crime, obtain evidence and ensure criminal prosecution.  

Part V.  Recognition and execution of sentences

         Article 109 Recognition and execution of sentences  

      1. Each of the Contracting Parties, under the conditions provided for in this Convention, recognizes and executes sentences passed by courts of other Contracting Parties in the case of extradition of a person convicted by a court of one Contracting Party and who has not served his sentence, for criminal prosecution in the territory of the other Contracting Party, as well as in the case of refusal by one Contracting Party to extradite a person for in execution of a sentence passed by a court of the other Contracting Party.  

      2. The recognition and enforcement of sentences is carried out on the basis of the legislation of the Contracting Party in whose territory such sentences will be recognized and enforced.  

         Article 110 Application for recognition and execution of a sentence  

      1. An application for recognition and enforcement of a sentence by the competent judicial institution of the requesting Contracting Party shall be sent to the competent judicial institution of the requested Contracting Party.  

      2. The following documents are attached to the application::  

      a) a duly certified copy of the verdict that has entered into force and the decisions of higher authorities available in the case, an official document on the entry into force of the verdict and its enforcement;  

      b) data on the identity and nationality of the person against whom the petition for recognition and execution of the sentence is initiated;  

      c) the text of the articles of the law on the basis of which the person was convicted;  

      d) a certificate of the part of the main and additional sentences served, the amount of damage compensated.  

      3. If necessary, the competent judicial institution of the requested Contracting Party may request additional documents and information.  

      4. The documents attached to the application shall be provided with a certified translation into the language of the requested Contracting Party or into Russian.  

      5. The competent judicial institution of the requested Contracting Party shall forward the received application for recognition and enforcement of the sentence for consideration to the competent court of its Contracting Party.  

         Article 111 Procedure for recognition and execution of a sentence  

      1. An application for recognition and enforcement of a sentence shall be considered by the competent court of the requested Contracting Party in accordance with its domestic law.  

      2. The competent court of the requested Contracting Party shall decide on the recognition and enforcement of the sentence until the actual transfer of the extradited person to its territory.  

      3. The competent court of the requested Contracting Party, based on the verdict of the court of the requesting Contracting Party, determines, in accordance with domestic law, the same punishment as that imposed by the verdict.  

      4. If, according to the legislation of the requested Contracting Party, the maximum term of punishment for this act is less than that imposed by the verdict, the court shall determine the maximum term of punishment provided for for a similar act by the legislation of the requested Contracting Party.  

      5. The part of the sentence served in the territory of the requesting Contracting Party that imposed the sentence shall be counted towards the term of the sentence in accordance with the legislation of the Contracting Party considering the application for recognition of the sentence. At the same time, the issue of the execution of the sentence is being resolved.  

      6. The penalty is applied if it is provided for by the legislation of the requested and requesting Contracting Parties.  

         Article 112 Refusal to recognize and execute a sentence  

      Recognition and execution of a sentence may be refused if:  

      a) the punishment may not be executed due to the expiration of the statute of limitations or on any other legal basis, as well as a sentence passed in absentia, without the participation of the defendant;  

      b) in the territory of the requested Contracting Party, the person has been punished or acquitted for the act committed, or the criminal case has been terminated in accordance with the procedure established by law, as well as if the person has been released from punishment by the competent judicial institution of the requested Contracting Party.;  

      c) the legislation of the requested Contracting Party does not provide for a penalty similar to that imposed in the territory of the requesting Contracting Party;  

      d) there are good reasons to believe that the conviction is related to the persecution of a person based on race, gender, religion, ethnicity or political beliefs.  

         Article 113 Procedure for the addition of punishments in the execution of sentences  

      The addition of punishments in the execution of sentences is carried out according to the rules established by the legislation of the Contracting Party in whose territory the sentences will be executed.  

         Article 114 Application of pardon and amnesty  

      The pardon and amnesty of a person against whom a decision has been taken to recognize and enforce a sentence shall be carried out by both the requesting and requested Contracting Parties in accordance with their domestic legislation.  

         Article 115 Procedure for sentence review  

      The review of a sentence handed over for execution against a convicted person may be carried out only by the competent court of the Contracting Party in whose territory the sentence was pronounced.  

         Article 116 Enforcement of amended and annulled sentences  

      1. If, during the execution of the sentence, it is changed by the competent court of the Contracting Party in whose territory the sentence was passed, a copy of the decision shall be immediately sent to the executing Contracting Party to resolve the issue of enforcement of such decision in accordance with the requirements of this Convention.  

      2. If, during the execution of the sentence, it is overturned with the termination of the criminal case by the competent court of the Contracting Party in whose territory the sentence was passed, a copy of the decision is immediately sent for execution to the competent authority of the Contracting Party executing the sentence.  

      3. If, in the course of execution, the sentence is overturned and a new investigation or judicial review is ordered, a copy of this decision, the materials of the criminal case and the order for criminal prosecution shall be sent in accordance with Article 92 of this Convention to the competent judicial institution of the Contracting Party executing the sentence.  

Section V.  Final provisions

         Article 117 Issues of application of this Convention  

      Issues arising in the application and interpretation of this Convention shall be resolved by the competent authorities of the Contracting Parties by mutual agreement.  

         Article 118 Relationship of the Convention with other international treaties  

      1. In relations between Contracting Parties that are also parties to one or more Council of Europe conventions in the criminal field containing provisions affecting the subject matter of this Convention, only those provisions of the Convention that complement the said Council of Europe conventions or promote the application of the principles set forth therein shall apply.  

      2. In the relations between the Contracting Parties to the above-mentioned conventions of the Council of Europe and the Contracting Parties that are not Parties to such conventions, the provisions of this Convention shall apply.  

      3. The provisions of this Convention shall not affect the rights and obligations of the Contracting Parties arising from other international treaties to which they are or may become parties.  

      4. At the request of one of the Contracting Parties, their central judicial institutions shall consult on the relationship between this Convention and other international treaties, involving, if necessary, representatives of other State bodies of the Contracting Parties.  

         Article 119 Introduction of amendments and additions  

      With the consent of the Contracting Parties, amendments and additions may be made to this Convention, which are formalized by the relevant protocols, which are an integral part of it and enter into force in accordance with the procedure provided for in Article 120 of this Convention.  

         Article 120 Procedure for entry into force  

      1. This Convention is subject to ratification by the signatory States. The instruments of ratification shall be deposited with the Executive Committee of the Commonwealth of Independent States, which shall act as the depositary of this Convention.  

      2. This Convention shall enter into force on the thirtieth day following the date of deposit of the third instrument of ratification with the depositary. For a State that has deposited its instrument of ratification with the depositary after the entry into force of this Convention, it will enter into force on the thirtieth day after the date of deposit of its instrument of ratification with the depositary.  

3. This Convention shall cease to be in force between the States Parties to this Convention.  The Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993 and its Protocol of March 28, 1997.  

      4. The Convention and its Protocol referred to in paragraph 3 of this article shall continue to apply in relations between a State Party to this Convention and a State party to them for which this Convention has not entered into force.  

         Article 121 Duration of the Convention  

      1. This Convention shall be in force for a period of five years from the date of its entry into force. After this period, the Convention is automatically extended each time for a new five-year period.  

      2. Each Contracting Party may withdraw from this Convention by sending a written notification to the depositary 12 months before the expiration of the corresponding five-year period of its validity.  

         Article 122 Action in time  

      This Convention also applies to legal relations that arose before its entry into force.  

         Article 123 Procedure for accession to the Convention  

      After its entry into force, other States may accede to this Convention with the consent of all the Contracting Parties by submitting their instruments of accession to the depositary. The accession shall be deemed to have entered into force upon the expiration of thirty days from the date of receipt by the depositary of the last notification of consent to such accession.  

         Article 124 Functions of the depositary  

      The depositary shall immediately notify the signatory and acceding States of the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, as well as of receipt of other documents, reservations, notifications and communications related to this Convention.  

      Done in Chisinau on October 7, 2002, 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 Convention.  

For the Republic of Azerbaijan

For the Republic of Moldova

For the Republic of Armenia

For the Russian Federation

For the Republic of Belarus

For the Republic of Tajikistan

For Georgia

For Turkmenistan

For the Republic of Kazakhstan

For the Republic of Uzbekistan

For the Kyrgyz Republic

For Ukraine

      Special opinion  

      The Republic of Azerbaijan  

      to the new edition of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters.  

      1. The implementation of operational search measures under this Convention on the basis of a request is possible to the extent permitted by the current national legislation of the Republic of Azerbaijan and only by its competent authorities.  

      2. Within the framework of this Convention, on the basis of a court decision, it is possible to confiscate only tools and means used in the commission of a crime, as well as property obtained by criminal means.  

      3. Articles 63 and 108 of the Convention have no legal force for the Republic of Azerbaijan.  

President  

The Republic of Azerbaijan  

      Reservation of Ukraine  

      according to item 13.3 of the agenda "On the new edition  

      Conventions on legal assistance and legal  

      civil and family relations  

      and criminal cases"  

      meetings of the CIS Council of Heads of State  

      (Chisinau, October 7, 2002)  

      1. Ukraine undertakes an obligation to provide legal assistance to the extent provided for in article 6 of the Convention, with the exception of recognition and enforcement of executive orders.  

      2. Ukraine undertakes to recognize and enforce decisions rendered on the territory of the States parties to the Convention, provided for in subparagraph "a" of paragraph 1 of article 54 of the Convention, with the exception of notarial acts in respect of monetary obligations.  

The President of Ukraine  

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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