On the ratification of the Convention on the Transfer of Persons Sentenced to Imprisonment for Further Serving their Sentences

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Law of the Republic of Kazakhstan dated July 16, 1999 No. 432

To ratify the Convention on the Transfer of Persons Sentenced to Imprisonment for Further Serving their Sentences, signed in Moscow on March 6, 1998.

President of the Republic of Kazakhstan

Convention <*> on the Transfer of Persons Sentenced to Imprisonment for Further Serving their Sentences

(Entered into force on August 18, 1999 - Bulletin of International Treaties of the Republic of Kazakhstan, 2006, No. 1, art. 2)

It shall enter into force on the date on which the Contracting Parties have deposited with the depositary the third notification on the completion of the internal procedures necessary for its entry into force. For Contracting Parties that have completed the necessary procedures later, it shall enter into force on the day of the deposit of the relevant documents to the depositary.

Signed by: Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, Republic of Uzbekistan

notifications have been submitted:

Republic of Belarus - deposited on May 18, 1998; Republic of Azerbaijan - deposited on January 13, 1999; Republic of Kazakhstan - deposited on August 18, 1999; Republic of Armenia - deposited on March 20, 2000; Kyrgyz Republic - deposited on February 6, 2001; Georgia - deposited on July 26, 2002; Russian Federation - deposited on December 31, 2004 (domestic procedures are in progress).

The instruments of ratification have been handed over:

The Republic of Tajikistan was deposited on January 19, 1999.

The Convention entered into force on January 19, 1999

entered into force for the States:

Republic of Belarus - January 19, 1999; Republic of Tajikistan - January 19, 1999; Republic of Azerbaijan - January 19, 1999; Republic of Kazakhstan - August 18, 1999; Republic of Armenia - March 20, 2000; Kyrgyz Republic - February 6, 2001; Georgia - July 26, 2002.

Note:

The provisions of Article 17 of the Agreement, to which the special opinion of the Republic of Azerbaijan refers, do not apply between the Republic of Belarus and the Republic of Azerbaijan within the scope of this special opinion.

The Member States of the Commonwealth of Independent States, hereinafter referred to as the Contracting Parties, proceeding from the principle of State sovereignty, desiring to develop established relations of mutual respect and cooperation, bearing in mind that the serving of sentences by convicted persons in the State of which they are citizens and stateless persons permanently residing on its territory contributes to a more effective achievement of the purpose of the execution of punishment, Guided by the principle of humanity, we have agreed on the following:

 Article 1

For the purposes of this Convention, the following terms mean: (a) "Sentencing State" - the Contracting Party whose court has sentenced a person to imprisonment; (b) "State of enforcement" - the Contracting Party to which a person sentenced to imprisonment is transferred to serve his sentence.; c) "competent authority" - a state body that, in accordance with national legislation and this Convention, makes decisions on the transfer of persons sentenced to imprisonment for further serving their sentences; d) "convicted person" - a person convicted by a court of one of the Contracting Parties for committing a crime to imprisonment; e) "relatives relatives" - persons who are related, according to the current national legislation of the Contracting Parties.

 Article 2 Citizens of each Contracting Party, as well as stateless persons permanently residing in its territory who have been sentenced to imprisonment in the other Contracting Party, may, in accordance with the provisions of this Convention, be transferred to serve their sentences in the Contracting Party of which they are citizens or in whose territory they permanently reside (if they are stateless persons)..

 Article 3 The diplomatic missions or consular offices of the Contracting Party of which the convicted person is a citizen or in whose territory he permanently resides (if he is a stateless person), as well as his close relatives, legal representative and lawyer must be notified in writing about the conviction of the person and his whereabouts, respectively, in order to exercise their rights to appeal. with a request for transfer.

 Article 4 A request for the transfer of a convicted person may come from both the Sentencing State and the State of Enforcement. The convicted person, his close relatives, legal representative and lawyer have the right to apply to the competent authority of the Contracting Parties with a request for the transfer of a convicted person. The competent authority of the Contracting Party shall, within 40 days, notify the person requesting the transfer in writing of the decision. The decision to refuse the transfer must be motivated. The possibility of transfer and its legal consequences to the convicted person or his legal representative must be explained in writing by officials of the central or territorial management bodies of the penal enforcement system of the Sentencing State.

 Article 5 The transfer of a person sentenced to imprisonment may be carried out if the following conditions are met:: the court's verdict on the person's imprisonment has entered into legal force; there is a request for transfer from the said persons in paragraph 2 of Article 4 of this Convention; there is a written consent of the convicted person or, if the convicted person cannot freely express his will due to age, physical or mental condition, the consent of his legal representative.; the person has been convicted of such acts, which, according to the laws of the Contracting Parties carrying out the transfer, are crimes punishable by imprisonment; at the time of receiving the request for transfer, the term of imprisonment that has not been served is at least six months; there is agreement between the Sentencing State and the State of Execution of the sentence on transfer and reception the convict.

 Article 6 The transfer of a convicted person is not carried out if: the punishment may not be executed on the territory of the State of enforcement of the sentence due to the expiration of the statute of limitations or for any other reason provided for by the legislation of that State; in the territory of the State of enforcement of the sentence for the committed act, he was punished or acquitted, or the case was terminated, as well as if the person is released from punishment by the competent authority of that State; This may harm the interests of the Sentencing State or the State of which the convicted person is a national. The transfer of a convicted person may be refused if they have not been compensated for the damage caused by the crime.

 Article 7 The competent authorities of the Contracting Parties shall communicate directly with each other on the issues of this Convention. Each Contracting Party shall, within one month from the date of entry into force of the Convention for it, inform the depositary of the name of its competent authority.

 Article 8 In order to transfer a convicted person to serve his sentence, the competent authority of one Contracting Party shall contact the competent authority of the other Contracting Party. The request must be made in writing and accompanied by: information about the convicted person's identity (surname, first name, patronymic, date and place of birth); information about the convicted person's citizenship or permanent place of residence; the text of the articles of the law, from which it is clear that the acts for which a person is sentenced to imprisonment are a crime in the State of execution of the sentence; the written consent of the convicted person to be transferred for execution of the sentence in the territory of the Contracting Party of which he is a citizen or in whose territory he has permanent residence (if he is a stateless person), and if the convicted person is unable to freely express his will, the consent of his legal representative is required. The competent authority of the Sentencing State, in addition, shall attach to the request certified copies of the verdict and the decisions of higher judicial authorities available in the case, documents on the entry into force of the verdict; the text of the articles of the criminal law on the basis of which the person was convicted; a document on the part of the sentence served and the part of the sentence that is subject to further serving; a document information about the execution of additional punishment, if it has been imposed; information about the state of health and the peculiarities of the convicted person's behavior; information about the damage and its compensation; other documents, if deemed necessary by the Sentencing State. The request for transfer of the convicted person must be signed and stamped by the competent authority.

 Article 9 Each of the Contracting Parties may request the documents referred to in Article 8 before requesting the transfer or deciding whether to accept the convicted person.

Article 10 The competent authority of the Contracting Party to which the request for the transfer of a convicted person to serve his sentence has been sent shall, within a period not exceeding 40 days from the date of receipt of the necessary documents, notify the competent authority of the Contracting Party that sent the request of its consent to transfer the convicted person in accordance with the conditions provided for in this Convention, or of its refusal.

 Article 11 The place, time and procedure for the transfer of a convicted person shall be determined by agreement between the competent authorities of the Contracting Parties.

 Article 12 The State of enforcement of the sentence ensures the continuation of serving the sentence in accordance with its legislation, without aggravating the situation of the convicted person. The jurisdiction of the consideration of the issue of the execution of the sentence of the other Contracting Party is determined by the legislation of each of the Contracting Parties. The sentence imposed on the convicted person is served on the basis of the verdict of the court of the Sentencing State. The term of imprisonment shall include the time served in the Sentencing State. The court of the State of Enforcement of the sentence, based on the verdict, decides on its execution, determining, according to the law of its State, the same term of imprisonment as that imposed on the sentence. If, according to the legislation of the State of execution of the sentence for this act, the maximum term of imprisonment is less than that imposed by the sentence, the court determines the maximum term of imprisonment provided for by the legislation of that State. If the sentence relates to two or more acts, of which one or more is not recognized as a crime in the State of Execution of the sentence, the court determines which part of the punishment is applied to the act that is a crime. The decision on the execution of an additional punishment is taken by the court of the State of Execution of the sentence, if such punishment for the committed act is provided for by the legislation of that State. Additional punishment is executed in accordance with the procedure provided for in this article.

 Article 13 The competent authority of the Executing State shall, within one month, notify the competent authority of the Sentencing State of the court's decision on the execution of the sentence taken in accordance with article 12 of this Convention.

 Article 14 In respect of a person transferred to serve his sentence in the State of Execution of the sentence, the same legal consequences of conviction occur as in respect of persons convicted in its territory for committing the same act. A person who has been transferred for the execution of a sentence imposed by a competent court of another Contracting Party may not be brought to criminal responsibility again in the territory of the State of enforcement of the sentence for the same act in connection with which the sentence that entered into force was pronounced.

 Article 15 The execution of a sentence that has not been served before the transfer of the convicted person, as well as full or partial release from punishment after the decision on the execution of the sentence is made, is carried out in accordance with the legislation of the State of execution of the sentence. Both the Sentencing State and the State of Execution of the sentence have the right to apply acts of pardon and amnesty, as well as to release the convicted person from further serving his sentence in case of a serious incurable illness, if this is provided for by the legislation of the State of execution of the sentence. The review of a sentence in respect of a convicted person transferred to the State of Enforcement may be carried out only by the competent court of the Sentencing State.

 Article 16 If, after the transfer of the convicted person to serve his sentence, the sentence is changed by the competent court of the Sentencing State, a copy of the decision and other necessary documents shall be sent to the competent authority of the Executing State. The court of the State of Enforcement of the sentence decides on the enforcement of such a decision in accordance with the procedure provided for in article 15 of this Convention. If, after the transfer of the convicted person to serve his sentence, the sentence is annulled with the termination of the criminal case in the Sentencing State, a copy of the decision on this is immediately sent for execution to the competent authority of the State of Enforcement. If, after the transfer of the convicted person to serve his sentence, the sentence in the Sentencing State is overturned and a new investigation or trial is envisaged, a copy of the decision on this, the materials of the criminal case and other materials after carrying out the necessary procedural actions in the absence of the convicted person are sent to the State of Enforcement of the sentence for criminal prosecution under the legislation of this Contracting Party.

 Article 17 Each Contracting Party, at the request of the other Contracting Party, shall permit the transit through its territory of convicted persons transferred in accordance with this Convention to a third Contracting Party.

 Article 18 The costs associated with the transfer of a convicted person shall be borne by the Sentencing State within its territory, and the costs associated with transit transportation shall be borne by the Contracting Party requesting such transportation.

 Article 19 The provisions of this Convention shall also apply to persons convicted before the entry into force of the Convention.

 Article 20 Disputes arising concerning the interpretation or application of this Convention shall be settled through consultations and negotiations between the competent authorities of the Contracting Parties.

 Article 21 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 parties.

 Article 22 In the implementation of this Convention, the Contracting Parties shall use the official languages or the Russian language. In case of execution of documents in the official languages of the Contracting Parties, certified translations in Russian are attached to them.

 Article 23 This Convention is open for accession by other States. For the acceding States, the Convention enters into force on the thirtieth day after the date of deposit of the instrument of accession to the Executive Secretariat of the Commonwealth of Independent States, which is the depositary of this Convention.

 Article 24 This Convention shall enter into force on the date on which the Contracting Parties have deposited with the depositary the third notification on the completion of the internal procedures necessary for its entry into force. For Contracting Parties that have completed the necessary procedures later, it shall enter into force on the day of the deposit of the relevant documents to the depositary. 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.

 Article 25 Each Contracting Party may withdraw from this Convention by giving written notification to the depositary. The Convention for this Contracting Party shall cease to be in force three months after the date of receipt by the depositary of the notification of withdrawal.

Done in Moscow on March 6, 1998, in one original copy in the Russian language. The original copy is kept at the Executive Secretariat of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Convention.

SPECIAL OPINION of the Republic of Azerbaijan on the Convention on the Transfer of Persons Sentenced to Imprisonment for Further Punishment

The Republic of Azerbaijan does not accept the expression "As the sentencing State" in the second paragraph of Article 15, as well as in article 17, after the words "of the other Contracting Party", add the expression "in accordance with its current legislation" and further in the text.

(Signature)

President

Republic of Kazakhstan

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