On the ratification of the Treaty between the Republic of Kazakhstan and the Democratic People's Republic of Korea on Mutual Legal Assistance in Civil and Criminal Matters
The Law of the Republic of Kazakhstan dated November 9, 1998 No. 291.
To ratify the Treaty between the Republic of Kazakhstan and the Democratic People's Republic of Korea on Mutual Legal Assistance in Civil and Criminal Matters, signed in Pyongyang on April 7, 1997.
The President of the Republic of Kazakhstan application
Agreement* between the Republic of Kazakhstan and The Democratic People's Republic of Korea on Mutual Legal Assistance in Civil and Criminal Matters
*(Entered into force on July 28, 2001 - Bulletin of International Treaties of the Republic of Kazakhstan, 2002, No. 2, art. 27)
The Republic of Kazakhstan and the Democratic People's Republic of Korea, hereinafter referred to as the "Contracting Parties", in order to cooperate in the field of legal relations based on respect for sovereignty and reciprocity, have decided to provide each other with legal assistance in civil and criminal matters and, to this end, have agreed as follows:
Chapter 1 General provisions
Article 1 Legal protection 1. Citizens of one Contracting Party, as well as stateless persons residing in its territory, enjoy in the territory of the other Contracting Party the same legal protection of their personal and property rights as citizens of the other Contracting Party. 2. The provisions of paragraph 1 shall also apply to legal entities and equivalent entities established in the territory of each of the Contracting Parties in accordance with their national legislation. 3. The term "civil matters" used in this Agreement includes marital, family, labor, inheritance, and economic matters.
Article 2 Legal assistance 1. The bodies and institutions of the Contracting Parties shall provide mutual assistance in civil and criminal matters in accordance with their competence determined by the legislation of their country and the provisions of this Treaty. 2. When requesting legal assistance in civil and criminal matters, courts and other competent institutions (hereinafter referred to as "competent institutions") The Contracting Parties shall communicate with each other through their central authorities, unless otherwise provided by this Treaty. 3. The central bodies mentioned in paragraph 2 of this article include: on the part of the Republic of Kazakhstan - the Ministry of Justice of the Republic of Kazakhstan, the Prosecutor General's Office of the Republic of Kazakhstan; on the part of the Democratic People's Republic of Korea - the Central Court of the Democratic People's Republic of Korea and the Supreme Prosecutor's Office of the Democratic People's Republic of Korea.
Article 3
Scope of legal assistance
The Contracting Parties provide each other with legal assistance in compliance with the requirements of their legislation by: performing procedural actions; forwarding and handing over documents; transferring material evidence; sending case materials; recognizing and executing court decisions; securing a claim; providing the requesting party with information about criminal records; searching for persons; conducting operational search activities; extradition of persons who have committed crimes in order to bring them to criminal responsibility or to enforce a sentence; other actions.
Article 4 Form and content of the request (assignment) 1. A request (instruction) for legal assistance must be made in writing and have, taking into account the content of the instruction, the following details: 1) the name of the requesting institution; 2) the name of the requested institution; 3) the name of the case in which legal assistance is requested and the content of the request (instruction); 4) the names and surnames of the persons relevant to the case, their nationality, gender, occupation, place of residence or domicile, year and place of birth; for legal entities - the name and location; 5) if representatives of the persons mentioned in subparagraph "4" of this article are present, their names, surnames and addresses; 6) the name of the document being served; 7) a statement of the circumstances to be clarified, as well as a list of required documents and other evidence; and in criminal cases, also a description of the actual the circumstances of the crime, its legal qualification and, if possible, a description of the person's appearance, his photograph, fingerprints. 2. The request (instruction) for legal assistance must be signed by a competent official and stamped.
Article 5 Order execution procedure 1. When executing an order for the provision of legal assistance, the requested competent institution acts in accordance with the legislation of its State. However, at the request of the requesting competent institution, it may apply the procedural rules of the requesting Contracting Party, if they do not contradict the legislation of its State. 2. If it is impossible to execute the order, the requested competent authority shall notify the requesting competent authority of the circumstances. 3. After the execution of the order, the requested competent institution notifies about it or about the circumstances that prevented the execution of the order.
Article 6 1. The requested institution shall deliver documents in accordance with the procedure in force in its State, if the documents being served are drawn up in accordance with the provisions of this Treaty. 2. If the documents cannot be delivered to the addressee indicated in the order, the requested institution takes the necessary measures to establish his address where the documents can be sent. If it is impossible to establish the address, it notifies the requesting institution and returns the documents to it.
Article 7 Confirmation of delivery of documents Confirmation of the delivery of documents is executed in accordance with the rules in force in the requested State, and this confirmation must indicate the date and place of delivery, the name and surname of the person to whom the documents are being served, the signature of an employee of the institution handing over the document, or another document issued by a competent institution, which must indicate the method, place and time of delivery.. The confirmation must be affixed with the stamp ofrticle 7 Confirmation of delivery of documents Confirmation of the delivery of documents is executed in accordance with the rules in force in the requested State, and this confirmation must indicate the date and place of delivery, the name and surname of the person to whom the documents are being served, the signature of an employee of the institution handing over the document, or another document issued by a competent institution, which must indicate the method, place and time of delivery.. The confirmation must be affixed with the stamp of the requested institution.
Article 8 Attestation of documents 1. Documents drawn up or certified in the territory of one of the Contracting Parties by competent institutions in the prescribed manner and in an appropriate form, as well as an officially certified copy and translation, shall be recognized in the territory of the other Contracting Party without legalization if they are signed and stamped by the competent institution. This also applies if it is certified in the territory of one of the Contracting Parties, according to its legislation. 2. Official documents drawn up in the territory of one of the Contracting Parties shall enjoy the evidentiary value of official documents in the territory of the other Contracting Party.
Article 9 Guarantees for witnesses, victims and experts 1. A witness, victim or expert is a citizen of one of the Contracting Parties who, on a summons served by a competent institution of the requested Contracting Party, appeared at a competent institution of the requesting Contracting Party, may not be prosecuted or taken into custody or punished for a crime that is the subject of judicial proceedings or committed before crossing the state border witness, victim or expert is a citizen of one of the Contracting Parties who, on a summons served by a competent institution of the requested Contracting Party, appeared at a competent institution of the requesting Contracting Party, may not be prosecuted or taken into custody or punished for a crime that is the subject of judicial proceedings or committed before crossing the state border of the requesting Contracting Party. The parties. 2. A witness, victim or expert is deprived of the above privileges if he does not leave the territory of a Contracting Party within two weeks from the moment when the competent institution interrogating him informs him that his presence is no longer necessary. This period does not include the time during which this person, through no fault of his own, could not leave the territory of the requesting Contracting Party.
Article 10 Costs related to the provision of legal assistance 1. The requested Contracting Party shall bear the costs incurred in providing legal assistance in its territory. 2. Travel expenses, stay expenses, and monetary compensation for unpaid wages of a witness, victim, or expert shall be borne by the Contracting Party that summoned the said persons.
Article 11 Exchange of legal information
The Contracting Parties, through the central authorities specified in this Treaty, will, at the request of one of the Contracting Parties, exchange information on domestic legislation and its application practice.
Article 12 Language Documents submitted to the other Contracting Party in connection with the execution of this Agreement, drawn up in the official language of the requesting Contracting Party, must be translated into Russian.
Article 13 Refusal to provide legal assistance If the requested Contracting Party considers that the provision of legal assistance is detrimental to its sovereignty, security, public order or is contrary to its national legislation, it may refuse to provide legal assistance by informing the requesting Contracting Party of the reasons for the refusal.
Chapter II Legal assistance in civil cases
Article 14 Exemption from court costs 1. Citizens of one Contracting Party, as well as stateless persons residing in its territory, in the territory of the other Contracting Party are exempt from court costs and have the right to free legal defense on equal terms and to the same extent as citizens of the other Contracting Party. 2. Exemption from court costs also applies to the enforcement of a court decision and all other procedural actions.
Article 15 Legal capacity and legal capacity 1. The legal capacity of an individual is determined by the legislation of the Contracting Party of which he is a national. 2. The legal capacity of a stateless person is determined by the legislation of the Contracting Party in whose territory he has permanent residence. 3. The legal capacity of a legal entity is determined by the legislation of the Contracting Party under whose laws it was established.
Article 16 Recognizing persons as missing or declaring them dead. 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 institutions of the Contracting Party of which the person was a national at the time when, according to the latest information, he was alive are competent, and in respect of other persons, the competent institutions at the last place of residence. 2. The competent institutions of each of the Contracting Parties may recognize a citizen of the other Contracting Party and stateless persons residing 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 that Contracting Party. 3. When considering cases of missing persons or declaring deceased and cases of establishing the fact of death, the competent institutions of the Contracting Parties shall apply the legislation of their State.
Article 17 Conclusion of marriage, dissolution of marriage, nullity of marriage 1. 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 in whose territory they have permanent 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. 2. 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. 3. 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 competent institution is considering the case of divorce shall apply. 4. In cases of recognition of marriage as invalid, the legislation of the Contracting Party, which, in accordance with paragraph 1 of this Article, was applied at the time of marriage, shall apply.
Article 18 Property and personal relations of spouses 1. The personal and property legal relations of spouses are determined by the legislation of the Contracting Party in whose territory the Article 18 Prand personal relations of spouses 1. The personal and property legal relations of 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 ContraIf 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 nationality of one of the Contracting Parties, 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 oIf 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 are 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 PartIf 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 competent institution first accepted the claim shall apply. 5. The institutions of the Contracting Party, whose legislation is subject to application in accordance with paragraphs 1-4 of this Article, are competent in cases of personal and property legal relations of spouses and in cases of recognition of marriage as invalid.
Article 19 Legal relations between parents and children 1. The legal relationship between parents and children is determined by the legislation of the Contracting Party in whose territory the children permanently reside. 2. In cases of recovery of alimony from adult children, the legislation of the Contracting Party in whose territory the person applying for alimony is domiciled applies. 3. In cases of legal relations between parents and children, the institution of the Contracting Party whose legislation is to be applied in accordance with paragraphs 1 and 2 of this Article is competent.
Article 20 Guardianship and guardianship 1. The establishment or cancellation of guardianship or guardianship is carried out according to the legislation of the Contracting Party of which the person in respect of whom guardianship or guardianship is established or cancelled is a naticle 20 Guardianship and guardianship 1. The establishment or cancellation of guardianship or guardianship is carried out according to the legislation of the Contracting Party of which the person in respect of whom guardianship or guardianship 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 whose institution appointed the guardian or trustee. 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. 5. In cases concerning the establishment or revocation of guardianship or 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 Agreement.
Article 21 The right of inheritance 1. The right to inherit property, except in the case provided for inArticle 21 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 residence. 2. The right to inherit immovable property is determined by the legislation of the Contracting Party in whose territory this property is located. 3. If, according to the legislation of a Contracting Party, the inherited property becomes the property of the State as extortionate (inherited by the State according to the law), then the movable inherited property passes to the Contracting Party of which the testator was a citizen at the time of death, and the immovable inherited property passes to the Contracting Party on whose territory it is located.
Article 22 of the will 1. The ability of a person to make and revoke a will, as well as the form of the will and the act of revocation, are determined by the law of the Contracting Party where the testator had his permanent residence at the time the act was drawn up. 2. Wills drawn up or revoked are also valid if the form prescribed by the legislation of the Contracting Party in whose territory they were drawn up has been observed.
Article 23 Recognition and enforcement of decisions 1. Each Contracting Party, in accordance with this Treaty, recognizes and executes on its territory court decisions in civil cases and verdicts regarding claims for damages in criminal cases that have been rendered in the territory of the other Contracting Party and have entered into legal force. 2. The term "judicial decisions", used in the text of this Agreement, means: decisions of the court (judge), including a settlement agreement in a civil and commercial (commercial) case, as well as a verdict regarding damages in a criminal case.
Article 24 Conditions for the recognition of judicial decisions The judgments listed in article 23 of this Treaty will be recognized and enforced in accordance with the following conditions: 1. If the decision is legally binding and enforceable according to the laws of the Contracting Party in whose territory it was rendered. 2. If a legally binding decision has been rendered in the same case on the territory of one of the Contracting Parties, but no decision has been rendered on the territory of the other Contracting Party where its recognition and enforcement are required.
Article 25 Application for the enforcement of judgments 1. An application for the enforcement of judgments may be filed directly with the competent court of the Contracting Party in whose territory the decision is to be executed or with the court that rendered the decision, and the application shall be transmitted to the competent court of the other Contracting Party in accordance with the procedure provided for in Article 2 of this Treaty. 2. An application for recognition and enforcement of a court decision must be accompanied by the following documents: 1) a copy of the court decision certified by the c Article 25 Application for the enforcement of judgments 1. An application for the enforcement of judgments may be filed directly with the competent court of the Contracting Party in whose territory sion is to be executed or with the court that rendered the decision, and tion shall be transmitted to the competent court of the other Contracting Party in accordance with the procedure provided for in Article 2 of this Treaty. 2. An application for recognition and enforcement of a court decision must be accompanied by the following documents: 1) a copy of the court decision certified by the court; if there is no clear indication in the copy that the decision has entered into force and can be enforced, one copy of the court document on the entry into force of the court decision must also be attached; 2) a court document on the executed part of the decision in the territory of the requesting Contracting Party; 3) a document certifying that the party that The woman who took part in the trial was served with a notice of summons to court in accordance with the procedure established by law, and in case of her incapacity, that she had a proper representative.
Article 26 Enforcement of decisions
The court of the Contracting Party in whose territory the enforcement of the judgment takes place shall apply the laws of its State for its enforcement.
Article 27 Expenses related to the enforcement of decisions
The costs associated with the enforcement of court decisions are subject to the legislation of the Contracting Party in whose territory the court decisions are to be enforced.
Article The costs associated with the enforcement of court decisions are subject to the legislation of the Contracting Party in whose territory the court decisions are to be enforced.
Article 28 Removal of items and transfer of sums of money
The provisions of this Agreement on the enforcement of judgments do not apply to the legislation of the Contracting Parties on the transfer of sums of money or on the export of items acquired on the basis of the enforcement of judgments.
Chapter III Legal assistance in criminal matters
Article 29 Obligation to extradite 1. The Contracting Parties undertake, upon request, to extradite persons located on their territory to each other in order to bring them to criminal reArticle 29 Obligation to extradite 1. The Contracting Parties undertake, upon request, to extradite persons located on their territory to each other in order to bring thcriminal responsibility or to enforce a sentence, in accordance with the conditions specified in this Treaty. 2. Extradition for criminal prosecution is carried out for such acts, which, according to the laws of the Contracting Parties, are criminally punishable and for which a peExtradition for criminal prosecution is carried out for such acts, which, according to the laws of the Contracting Parties, are criminally punishable and for which a penalty of imprisonment for a period of at least one year or a heavier penalty is provided. 3. Extradition for the execution of a sentence will be carried out only for crimes provided for in paragraph 2 of this article, for which a sentence of imprisonment of more than one year or a heavier penalty has been imposed.
Article 30 Refusal to issue 1. Extradition shall not be carried out if: 1) the person whose extradition is requested by the requesting Contracting Party is a national of the requested Contracting Party; 2) at the time of receipt of the extradition request, criminal prosecution, according to 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 due to for another legitimate reason; 3) in respect of a person whose extradition is requested by the requesting Contracting Party, a sentence or a decision on termination of proceedings has been passed in the territory of the requested Contracting Party for the same crime, which has entered into legal force. 2. A Contracting Party that refuses extradition must notify the requesting Contracting Party of the non-extradition, justifying such refusal.
Article 31 Request for extradition 1. The request for extradition (and the documents attached to it) is drawn up in accordance with the provisions of Article 12 and must contain: a) the name of the requested institution; b) a description of the actual circumstances of the act and the text of the law of the requesting Contracting Party, on the basis of which this act is recognized as a crime.; (c) The surname, first name, patronymic (c) The surname, first name, patronymic of the person to be extradited, his nationality, place of residence or stay, if possible, a description of his appearance, photographs, fingerprints and other information about his identity; (d) an indication of the amount of damage caused by the crime. 2. A copy of the detention order, certified by the stamp of the competent institution, must be attached to the request for extradition for criminal prosecution. 3. A copy of the verdict, certified by the stamp of the competent institution, with a note on its entry into force and the texA copy of the verdict, certified by the stamp of the competent institution, 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, must be attached to the request for extradition for the execution of the sentence. If the convicted person has already served part of the sentence, information about this is provided. 4. If the request for extradition does not contain all the necessary data, the requested Contracting Party may request additional information and set a time limit of up to one and a half months. This period may be extended for valid reasons for up to one month at the request of the requesting Contracting Party. 5. If the requesting Contracting Party does not provide additional information within the prescribed period, the requested Contracting Party must release the person in custody.
Article 32 Taking into custody a person whose extradition is required, except in cases where extradition cannot be carried out 1. In accordance with this Treaty, the Contracting Parties, upon receipt of an extraditArticle 32 Taking into custody a person whose extradition is required, except in cases where extradition cannot be carried out 1. In accordance with this Treaty, the Contracting Parties, upon receipt of an extradition request, shall, as soon as possible, take the necessary measures to take into custody and extradite the person whose extradition is required, except in cases where extradition cannot be carried out. 2. A person whose extradition is required may, upon request, be taken into custody even before receiving an extradition request. The application must contain a reference to the detention order or to the sentence that has entered into force, and an indication that the request for extradition will be submitted additionally. An application for detention pending the receipt of an extradition request may be submitted by mail, telegraph, telex or fax. The other Contracting Party must be notified immediately of the arrest or detention before receiving an extradition request.
Article 33 Procedure for extradition The requested Contracting Party shall inform the requesting Contracting Party of the place and time of extradition. In each individual case, the Contracting Parties shall agree on the conditions of escort related to extradition. If the requesting Contracting Party does not accept the person to be extradited within 30 days after the date of extradition, he may be released.
Article 34 Limits of criminal prosecution of the extradited person 1. Without the consent of the requested Contracting Party, the extradited person may not be prosecuted or punished for another crime committed prior to extradition, nor may he be extradited to a third State. 2. Consent is not required in the following cases: 1) if the extradited person has not left the territory of the requesting Contracting Party through his own fault within one month from the date of completion of the proceedings or from the date of serving the sentence or release from punishment; 2) if the extradited person has left the territory of the requesting Contracting Party, but then voluntarily returned there.
Article 35 Postponement of extradition If the person whose extradition is required has been brought to criminal responsibility or convicted of another crime in the territory of the requested Contracting Party, his extradition may be postponed until the termination of criminal prosecution, the execution of the sentence or until release from punishment.
Article 36 Issue for time 1. If the postponement of extradition provided for in article 35 of this Treaty may lead to the expiration of the statute of limitations for criminal prosecution or damage the investigation of a crime, the person whose extradition is required may be temporarily extradited. 2. The temporarily issued person must be returned after carrying out the actions for which it was issued, but no later than three months from the date of transfer of the person. This period may be extended for valid reasons.
Article 37 Transfer of items Each of the Contracting Parties undertakes, along with the extradition of the offender, to transfer to the other Contracting Party, at its request, objects and other material evidence that were used in the commission of a crime or acquired by criminal means, in accordance with the legislation of its country. These items and other material evidence must be returned to the other Contracting Party after the end of the proceedings.
Article 38 Transit transportation 1. Each of the Contracting Parties, at the request of the other Contracting Party, authorizes the transportation of persons extradited to the other Contracting Party by a third State within its territory. 2. The request for transportation authorization is processed and sent in the same manner as the request for extradition. 3. The competent authorities of the Contracting Parties shall agree on the method, route and other conditions of transit in each individual case.
Article 39 Costs related to extradition and transit transportation The costs related to extradition shall be borne by the Contracting Party in whose territory they originated, and the costs related to transit transportation shall be borne by the requesting Contracting Party.
Article 40 Notification of the results of criminal proceedings The Contracting Parties shall notify each other of the results of criminal proceedings against the person who has been extradited to them. If a verdict has been passed against this person, a copy of it will be sent after its entry into force.
Article 41 The obligation to carry out criminal prosecution 1. Each of the Contracting Parties undertakes, at the request of the other Contracting Party, to carry out criminal prosecution in accordance with its legislation against its own citizens suspected of having committed a crime on the territory of the other Contracting Party. 2. The claims for damages caused by the fault of the accused are considered simultaneously with this criminal case. 3. A Contracting Party shall notify the other Contracting Party of the results of the criminal prosecution and, upon request, send it a copy of the verdict that has entered into force.
Article 42 Request for criminal prosecution
1. A request for criminal prosecution must contain the following details:: 1) personal data of the person who committed the crime; 2) his place of residence and place of residence; 3) the composition of the crime and the relevant articles of legislation; 4) evidentiary materials for the investigation, and, if necessary, copies of written evidence; 5) description of the criminal's appearance and photographs, if available. 2. The request for criminal prosecution must be certified with the stamp of the requesting authority and the signature of its head.
Article 43 Procedure for communication on extradition and criminal prosecution
Relations on extradition and criminal prosecution, as well as the execution of orders in criminal cases, are carried out by the General and Supreme Prosecutor's Offices of the Contracting Parties.
Chapter IV
Final provisions
Articles 44
Establishment of departmental relations
The central authorities of the Contracting Parties mentioned in this Treaty, on the basis of and in furtherance of this Treaty, may establish direct relations with each other within their competence by concluding departmental agreements.
Article 45 Dispute resolution The Contracting Parties will resolve all disputes arising from the interpretation and execution of this Treaty through diplomatic channels and through consultations between the relevant central authorities.
Article 46 Amendment and addition of the Agreement Amendments and additions to this Agreement shall be made by mutual agreement between the Contracting Parties and shall enter into force after the completion of legal procedures in accordance with the national legislation of each of the Contracting Parties.
Article 47 Entry into force of the Treaty This Treaty is subject to ratification and enters into force 30 days after the exchange of instruments of ratification.
Article 48 Duration of the Agreement This Agreement is indefinite and will expire six months after either Contracting Party sends a written notification through diplomatic channels of its termination. It was signed in Pyongyang on April 7, 1997, in two copies, each in the Kazakh, Korean and Russian languages, all texts being equally authentic. In cases of disagreement in the interpretation of the text of this Agreement, the text in Russian will be used as the basis.
President
Republic of Kazakhstan
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