On the Ratification of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters

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The Law of the Republic of Kazakhstan dated July 22, 2015 No. 338-V SAM

 To ratify the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done in The Hague on November 15, 1965, with the following statements by the Republic of Kazakhstan:

 "1) in accordance with the third part of Article 5 of the Convention, documents to be served are accepted if they are written in Kazakh and (or) Russian or accompanied by a translation into the specified languages.;

 (2) An application for reinstatement of the time limit specified in article 16 of the Convention is not subject to satisfaction if it is filed after one year from the date of the court's decision.".

President

Republic of Kazakhstan

N. NAZARBAYEV

CONVENTION ON THE SERVICE OF JUDICIAL DOCUMENTS ABROAD AND OUT-OF-COURT DOCUMENTS ON CIVIL OR COMMERCIAL MATTERS

(Concluded on November 15, 1965)

The signatory States to this Convention,

Desiring to establish appropriate mechanisms to ensure timely notification of the addressee of judicial and non-judicial documents to be served abroad,

Desiring to improve the organization of mutual judicial assistance by simplifying and speeding up procedures,

We decided to conclude a convention and came to an agreement in the following:

Article 1

This Convention applies in all cases of civil or commercial cases in which a judicial or non-judicial document must be sent for transfer and service abroad.

The Convention does not apply if the recipient's address is not known.

CHAPTER I. COURT DOCUMENTS

Article 2

Each Contracting State must designate a Central Authority responsible for receiving and reviewing requests for the service of documents from other Contracting States, in accordance with the provisions of articles 3 to 6.

Each State must determine the terms of operation of its Central Authority in accordance with its legislation.

Article 3

An authority or judicial official authorized in accordance with the law of the requesting State shall send to the Central Authority of the requested State a request drawn up in accordance with the model attached to this Convention, without the need for legalization or other equivalent formalities.

The document to be served or a copy of it is attached to the request. The request and the document must be submitted in two copies.

Article 4

If the Central Authority considers that the request does not comply with the requirements of this Convention, it must immediately notify the applicant with a detailed statement of its comments on the request.

Article 5

The central authority of the requested State delivers and delivers the document independently or otherwise ensures its delivery through the relevant institutions, or:

a) in accordance with the procedure provided for by the legislation of that State for the delivery or delivery of documents made in it to persons located on its territory, or

b) at the request of the applicant, in a special manner, if such procedure is not incompatible with the legislation of the requested State.

Subject to the specifics set out in paragraph one (b) of this article, the document may be delivered directly to the addressee who agrees to accept it voluntarily.

If the document is to be served in accordance with paragraph one of this article, the Central Authority may require that the document be drawn up or translated into the official language or one of the official languages of the requested State.

Together with the document, that part of the request, drawn up according to the model attached to this Convention, which contains the main provisions of the document to be served, is delivered to the addressee.

Article 6

The central authority of the requested State, or another authority that may be designated for this purpose, shall prepare a confirmation of service in the form of a certificate in accordance with the model attached to this Convention.

The certificate confirms that the document has been handed over, and provides the method, place and date of delivery, as well as the person to whom the document was handed over. If the document has not been served, the reasons for this are indicated in the certificate.

The applicant may require that a certificate that has not been drawn up by a Central Authority or a judicial authority be certified by one of them.

The certificate is sent directly to the applicant.

Article 7

The standard terms indicated in the models attached to this Convention are in all cases given in French or English. They may also be provided in the official language or one of the official languages of the requesting State.

The relevant fields of the forms must be filled in either in the language of the requested State, or in French or English.

Article 8

Each Contracting State has the right, with the help of its diplomatic or consular agents, to serve court documents to persons abroad without the use of coercive measures.

Any State may declare that it does not allow such a service procedure on its territory, except in cases where the document is to be served to a national of the requesting State.

Article 9

Each Contracting State has the right, additionally, to use consular channels for the delivery of judicial documents intended for service to the authorities of the other Contracting State that have been designated for this purpose.

In exceptional circumstances, each Contracting State may use diplomatic channels for the same purpose.

Article 10

If the requested State does not raise objections, this Convention does not prevent:

a) the ability to directly mail court documents to persons located abroad,

(b) The ability of judicial and other officials or other competent persons of the requesting State to serve court documents, using directly the services of judicial and other officials or other competent persons of the requested State,

(c) The ability of any person participating in the judicial proceedings to serve a judicial document, directly resorting to the services of judicial and other officials or other competent persons of the requested State.

Article 11

This Convention does not prevent two or more Contracting States from agreeing, for the purpose of serving judicial documents, to permit routes of delivery other than those provided for in the preceding articles, and in particular direct links between their respective authorities.

Article 12

The service of court documents originating in a Contracting State may not give rise to the collection or reimbursement of fees or expenses in connection with services provided by the requested State.

The applicant pays or reimburses the expenses caused by:

(a) The participation of a judicial official or a person authorized under the law of the requested State,

b) the application of a special order of service.

Article 13

If the request for service complies with the provisions of this Convention, the requested State may refuse to execute it only if it considers that the execution of the request may prejudice its sovereignty or security.

Enforcement may not be refused solely on the grounds that the requested State, according to its legislation, has exclusive jurisdiction over the subject matter of the case under consideration, or that, according to its legislation, the filing of a claim based on the stated request is not permitted.

In case of refusal, the Central Authority immediately informs the applicant about it, indicating the reasons for the refusal.

Article 14

Difficulties that may arise in connection with the transfer of court documents for the purpose of their delivery are resolved through diplomatic means.

Article 15

If a court summons or an equivalent document was to be sent abroad for service, in accordance with the provisions of this Convention, and the defendant did not appear in court, the court shall postpone the decision until it has been established:

a) that the document has been served in accordance with the procedure provided for by the legislation of the requested State for the delivery or delivery of documents contained therein to persons located in its territory, or

b) that the document was indeed delivered to the defendant in person or at his place of residence in another manner provided for in this Convention, and that in any of these cases the document was served or delivered in a timely manner so that the defendant could prepare for his defense.

Each Contracting State has the right to declare that a judge, despite the provisions of the first part of this article, may make decisions even if no certificate confirming the delivery or delivery of the document has been received, provided that all of the following conditions are met:

(a) The document was transmitted in one of the ways provided for in this Convention,

b) a period of time has expired from the date of sending the document, which the judge determines to be sufficient for each specific case and which cannot be less than six months.,

(c) No certificate of any kind has been obtained, despite taking all reasonable steps to obtain it from the competent authorities of the requested State.

This article does not prevent a judge from taking any measures to secure a claim in urgent cases.

Article 16

If a court summons or an equivalent document was to be sent abroad for service in accordance with the provisions of this Convention and the court ruled against the defendant who did not appear in court, the judge has the right to release the defendant from the consequences of the expiration of the time limit for appealing the decision if the following conditions are met::

a) through no fault of his own, the defendant was unaware of the document sufficiently in advance so that he could prepare for his defense, or of the decision so that he could appeal it, and

(b) The defendant has presented well-founded arguments in his defence.

A motion for reinstatement may be filed only within a reasonable time after the defendant has become aware of the decision.

Each Contracting State has the right to declare that such a request is not subject to satisfaction if it is filed after the expiration of the period specified in its application, and such period may not be less than one year from the date of the decision.

The provisions of this article shall not apply to decisions concerning the status or legal capacity of persons.

CHAPTER II. OUT-OF-COURT DOCUMENTS

Article 17

Non-judicial documents originating from the authorities and judicial officials of a Contracting State may be transferred for service in another Contracting State in accordance with the procedure and conditions provided for in this Convention.

CHAPTER III. GENERAL PROVISIONS

Article 18

Each Contracting State may designate other authorities in addition to the Central Authority and determine their competence.

However, in all cases, the applicant has the right to send a request directly to the Central Authority.

Federal States have the right to appoint several Central Bodies.

Article 19

This Convention does not affect the provisions of the legislation of a Contracting State authorizing the transfer of documents received from abroad for the purpose of their delivery or delivery on its territory, which are not provided for in the preceding articles.

Article 20

This Convention does not prevent an agreement between two or more Contracting States on the non-application of the provisions:

a) the second part of Article 3 on the sent documents in two copies,

(b) Parts three of articles 5 and 7 on language requirements,

(d) The second part of article 12.

Article 21

Each Contracting State, upon depositing its instrument of ratification or accession, or at a later date, shall notify the Ministry of Foreign Affairs of the Netherlands of:

a) the appointment of bodies according to Articles 2 and 18,

b) the appointment of a body authorized to issue certificates in accordance with Article 6,

(c) The appointment of a body authorized to receive documents transmitted through consular channels in accordance with article 9.

Each Contracting State, in appropriate cases, also notifies the Ministry of:

(a) Their objections to the use of the transmission methods provided for in articles 8 and 10,

(b) The declarations provided for in article 15, paragraph two, and article 16, paragraph three,

c) all changes concerning the mentioned appointments, objections and applications.

Article 22

This Convention replaces, in relations between the States Parties to this Convention that are also parties to one or both of the Conventions on Civil Procedure signed in The Hague on July 17, 1905 and March 1, 1954, articles 1 to 7 of these Conventions.

Article 23

 This Convention does not affect the application of article 23 of the Convention on Civil Procedure, signed at The Hague on July 17, 1905, or article 24 of the Convention on Civil Procedure, signed at The Hague on March 1, 1954.

These articles, however, apply only if communication methods identical to those provided for in these Conventions are used.

Article 24

Additional agreements between the parties to the 1905 and 1954 Conventions shall be considered as equally applicable to this Convention, unless otherwise agreed by the States concerned.

Article 25

 Without prejudice to the provisions of articles 22 and 24, this Convention shall not affect conventions to which Contracting States are or will become Parties and which contain provisions on matters governed by this Convention.

Article 26

This Convention is open for signature by the States represented at the tenth session of the Hague Conference on Private International Law.

It is subject to ratification, and the instruments of ratification are deposited with the Ministry of Foreign Affairs of the Netherlands.

Article 27

 This Convention shall enter into force on the sixtieth day after the deposit of the third instrument of ratification referred to in paragraph two of article 26.

Subsequently, the Convention shall enter into force for each signatory and ratifying State on the sixtieth day following the deposit of its instrument of ratification.

Article 28

 Any State not represented at the tenth session of the Hague Conference on Private International Law may accede to this Convention after its entry into force in accordance with the first part of article 27. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands.

The Convention shall enter into force for such a State only if there is no objection from any State that has ratified the Convention prior to the deposit of such an instrument, provided that the Ministry of Foreign Affairs of the Netherlands has been notified by that State of such objection within six months after the Ministry notified it of its accession.

In the absence of objections, the Convention shall enter into force for the acceding State on the first day of the month following the expiration of the last of the periods mentioned in the previous part.

Article 29

Any State may, at the time of signature, ratification or accession, declare that this Convention will apply to all Territories for whose international relations it is responsible, or to one or more of them. Such a declaration shall enter into force on the date of entry into force of the Convention for that State.

Subsequently, the Ministry of Foreign Affairs of the Netherlands is notified of any such territorial expansion of the scope of the Convention.

The Convention shall enter into force for the Territories specified in the declaration of enlargement on the sixtieth day after the notification referred to in the previous part.

Article 30

 This Convention shall remain in force for a period of five years from the date of its entry into force in accordance with the first part of article 27, including for States that ratify it or accede to it later.

In the absence of denunciations, it is extended with tacit consent every five years.

Any denunciation must be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the end of the relevant five-year period.

Denunciation may be limited to a part of the Territories to which the Convention applies.

The denunciation is valid only for the State that notified it. The Convention remains in force for the other Contracting States.

Article 31

 The Ministry of Foreign Affairs of the Netherlands shall notify the States referred to in article 26 and the States that have acceded to the Convention in accordance with article 28 of the following:

(a) Signatures and ratifications in accordance with article 26;

(b) The date of entry into force of this Convention in accordance with the provisions of paragraph one of article 27;

(d) Each extension of the territorial scope of the Convention referred to in article 29 and the dates of its entry into force;

(e) The appointments, objections and declarations provided for in article 31;

(f) Cases of denunciation in accordance with part three of article 30.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention.

DONE at The Hague on November 15, 1965, in English and French, both texts being equally authentic, one copy will be deposited in the archives of the Government of the Netherlands and a certified copy will be sent through diplomatic channels to each of the States represented at the tenth session of the Hague Conference on Private International Law.

Note. On October 25, 1980, the Fourteenth Session adopted a Recommendation on Information accompanying judicial and non-judicial documents that are sent or served Abroad in civil or commercial matters (Acts and Documents of the Fourth Session (1980), Vol. I, Various Issues, pp. 1-67; also, Vol. IV, Legal Aid, p. 339; A practical guide to working with the Hague Convention of November 15, 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters).

SAMPLE CONTENT (REQUEST AND CONFIRMATION)

THE DOCUMENT TO BE SERVED

 (appendices on articles 3, 5, 6 and 7)

ANNEX TO THE CONVENTION

Samples

request

ON THE DELIVERY OF JUDICIAL OR EXTRAJUDICIAL DOCUMENTS ABROAD

DOCUMENTS

Convention on the Service Abroad of Judicial and Extrajudicial

documents on civil or commercial matters, signed in

The Hague on November 15, 1965

Name and address of the applicant

Address of the requested authority

The undersigned applicant has the honour to transmit in two

 copies of the documents listed below and in accordance with the article

5 of the aforementioned Convention requests that one be handed over without delay.

a copy of the specified documents to the addressee:

(name and address) ______________________________________________

_____________________________________________________________________

(a) In accordance with the provisions of subparagraph (a) of the first part of article 5

 Conventions *.

(b) In accordance with the following special order (subparagraph (b) of the first

 parts of article 5)*: ___________________________________________________

_____________________________________________________________________

c) by delivery to the addressee, if he agrees to accept the documents

 voluntarily (the second part of Article 5)*.

Please return or provide a refund to the requesting authority

one copy of the documents - and its appendices * - together with

confirmation of delivery according to the sample on the reverse side.

List of documents

_____________________________________________________________________

_______________________________________________________________________________________________________________

_____________________________________________________________________

___________________________________________________________________________________

Committed in ______________________

Signature and/or seal

* Strike out anything that doesn't apply.

_____________________________________________________________________

The reverse side of the request

confirmation

 The undersigned authority has the honour, in accordance with Article 6

confirm the specified Convention,

 1) that the documents have been served *

- date

_____________________________________________________________________

- locality, street, house

____________________________________________________________________

 - one of the following methods provided for in article 5:

(a) In accordance with the provisions of (a) In accordance with the provisions of subparagraph (a) of the first part of Article 5 of the Convention.

(b) In accordance with the following special procedure*:

_____________________________________________________________________

c) by delivery to the addressee who accepted them voluntarily*.

The documents specified in the request have been delivered

- (name and status of the person)

_____________________________________________________________________

- relations with the addressee (family, business or other)

_____________________________________________________________________

 2) that the documents were not served for the following reasons*:

_____________________________________________________________________

 In accordance with the second part of article 12 of the said Convention

request the requesting authority to pay or reimburse the costs,

described in the appendix*.

Applications

Returned documents:

_____________________________________________________________________

In appropriate cases, documents confirming the delivery:

_____________________________________________________________________

Committed in _____________________

Signature and/or seal

* Strike out what is not necessary

THE MAIN CONTENT OF THE DOCUMENT TO BE SERVED

Convention on the Service Abroad of Judicial and Extrajudicial

documents on civil or commercial matters, signed

in The Hague on November 15, 1965 (article 5, fourth part)

Name and address of the requesting authority:

_____________________________________________________________________

 Sides*:

_____________________________________________________________________

COURT DOCUMENT **

Nature and purpose of the document:

_____________________________________________________________________

The nature and subject matter of the trial, and in appropriate cases

in cases, the amount of the claim:

_____________________________________________________________________

 Date and place of court appearance **:

_____________________________________________________________________

The court that issued the decision **:

_____________________________________________________________________

Date of the decision **:

_____________________________________________________________________

The deadline specified in the document **:

_____________________________________________________________________

AN OUT-OF-COURT DOCUMENT **

 Nat AN OUT-OF-COURT DOCUMENT **

 Nature and purpose of the document:

_____________________________________________________________________

____________________________________

_____________________________________________________________________

* If applicable, the name(s) and address of the person,

interested in handing over the document.

** Strike out anything that doesn't apply.

I hereby certify that this translation of the Convention into Russian corresponds to the text of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of November 15, 1965.

Director of the Department

International law and cooperation

Ministry of Justice

Republic of Kazakhstan

A. Akhmetov

President

Republic of Kazakhstan

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