On the ratification of the Treaty between the Republic of Kazakhstan and the Republic of Bulgaria on the Extradition of Persons

Home / RLA / On the ratification of the Treaty between the Republic of Kazakhstan and the Republic of Bulgaria on the Extradition of Persons

The Law of the Republic of Kazakhstan dated June 24, 2015 No. 327-V SAM

To ratify The agreement between the Republic of Kazakhstan and the Republic of Bulgaria on the extradition of persons, signed in Sofia on November 14, 2014.

President of the Republic of Kazakhstan N. NAZARBAYEV

THE AGREEMENT between the Republic of Kazakhstan and the Republic of Bulgaria on the extradition of persons

Entered into force on August 14, 2015 - Bulletin of International Treaties of the Republic of Kazakhstan 2015, No. 5, art. 46

The Republic of Kazakhstan and the Republic of Bulgaria, hereinafter referred to as the "Parties", guided by the norms of international law in the field of crime prevention and criminal justice, seeking to develop cooperation in the criminal law field, have agreed on the following:

Section I General provisions

Article 1 Obligation to extradite persons

The Parties undertake, in accordance with the conditions provided for in this Agreement, to extradite, upon request, persons located in their territories to each other in order to bring them to criminal responsibility for crimes involving the extradition of a person, or to execute a sentence in connection with such crimes.

Article 2 Extradition offences

1. For the purposes of this Treaty, extraditable offences are crimes that, in accordance with the laws of the Parties, are punishable by imprisonment for a term of at least one (1) year or more severe punishment. 2. The extradition of a person for the execution of a sentence imposed in respect of crimes provided for in paragraph 1 of this article shall be carried out if at least six months remain before the end of the execution of the custodial sentence. 3. If the request for the extradition of a person concerns several separate offences, not all of which comply with the conditions provided for in paragraph 1 of this article, the extradition of the requested person may be permitted provided that at least one of these offences entails the extradition of the person.

Article 3 Grounds for refusal to extradite a person

1. Extradition of a person is not carried out if: a) the person whose extradition is requested is a citizen of the requested Party or a person who has been granted asylum; b) at the time of receipt of the request, criminal prosecution, according to the legislation of the requested Party, cannot be initiated or the sentence cannot be carried out for any legitimate reason, including the expiration of time limits. statute of limitations or amnesty; (c) In the territory of the requested Party, for the same offence against the person whose extradition is requested, a sentence or decision to terminate the proceedings has been passed, which has entered into legal force; (d) the offence in connection with which the extradition of the person is requested has been committed in whole or in part in the territory of the requested Party or in a place where considered its territory, according to the legislation of this Party; e) the act on the basis of which the extradition request is made is considered by the requested Party to be a political crime or a crime related to a political crime or a military crime; f) the crime in connection with which the extradition request is made was committed outside the borders of the requesting Party, and the legislation of the requested Party does not provide for liability for crimes, committed beyond its borders. 2. Extradition of a person is also prohibited in cases where there are compelling reasons to believe that the person whose extradition is being requested: a) will not comply with the minimum rights of protection in the judicial proceedings. At the same time, conducting a trial in the absence of the person whose extradition is requested is not in itself a reason for refusing to extradite the person if the requesting Party provides the necessary guarantees about the person's right to a retrial after extradition, if the requested person so desires.; b) harassment or discrimination based on race, religion, nationality, political beliefs, social and personal status will be applied, or he will be subjected to cruel, inhumane treatment or actions that violate fundamental human rights.

Article 4 Capital punishment

If the death penalty is provided for under the law of the requesting Party for the act for which extradition is requested, the extradition of the person is permitted only if that Party provides appropriate guarantees, which are recognized by the requested Party as sufficient, that such a penalty will not be applied, or the already imposed penalty will not be carried out..

Article 5 Central authorities and the order of relations

1. The Parties shall communicate on extradition issues through their central authorities, which establish direct communication with each other. The central authorities include: for the Republic of Kazakhstan - the Prosecutor General's Office; for the Republic of Bulgaria - the Ministry of Justice. 2. If the names of the central authorities are changed, the Parties shall immediately notify each other through diplomatic channels.

Article 6 Validity of documents

1. Documents that are issued or certified in the territory of one of the Parties by a competent authority or a specially authorized person within its competence and in the prescribed form and sealed with an official seal are accepted in the territory of the other Party without any special certificate. 2. Documents that are considered official documents on the territory of one of the Parties enjoy the legal force of the same official documents on the territory of the other Party.

Article 7 Language

1. In the course of the performance of this Agreement, the Parties shall use the Russian language or the official language of the other Party in their relations with each other. 2. Documents sent in the official language of the Parties or in another language are accompanied by a translation into Russian. 3. Verification of the correctness of the written translation of documents is carried out in accordance with the legislation of the Parties and the provisions of this Agreement.

Article 8 Expenses related to the extradition of a person

1. The costs associated with the extradition of a person shall be borne by the Party in whose territory they originated. 2. The costs associated with transit transportation provided for in Article 20 of this Treaty shall be borne by the requesting Party.

Section II The procedure for the extradition of a person

Article 9 Request for extradition of a person and necessary documents

1. The extradition of a person provided for in this Agreement is carried out on the basis of written requests. 2. A request for the extradition of a person must contain: a) the necessary information about the person whose extradition is being requested, including information about nationality and place of residence or stay, including photographs or other images, as well as fingerprints, if any; b) a description of the actual circumstances of the crime committed, including information about the time and place its commission and material damage, if any; c) the text of the relevant articles of the law of the requesting Party, on the basis of which this act is recognized as a crime, indicating the statutory penalty for this crime, as well as articles on the statute of limitations. 3. A certified copy of the decision on the detention of the requested person shall be attached to the request for the extradition of a person for criminal prosecution. 4. A certified copy of the sentence that has entered into force is attached to the request for the extradition of a person for the execution of a sentence. If the convicted person has already served part of the term of imprisonment, information about this and about the part of the term to be served is also provided. 5. The request for the extradition of a person must be signed by an official and sealed with the official seal of the competent authority of the requesting Party.

Article 10 Decision on the extradition request

1. The requested Party shall consider the request for the extradition of a person in accordance with its legislation and promptly inform the requesting Party of its decision. 2. In the event of a decision to grant the request, the requested Party shall immediately take measures to take into custody the person whose extradition is requested, which it shall inform the requesting Party. 3. Any complete or partial refusal to grant a request for the extradition of a person shall be justified by appropriate reasons.

Article 11 Additional information

1. If the requested Party considers the information provided in support of the extradition request to be insufficient, it may request additional information. At the same time, the requested Party may take the necessary measures to ensure the surveillance of the person whose extradition is requested in order to prevent the possibility of his departure from his State. 2. In the case provided for in paragraph 1 of this Article, the requesting Party shall take the necessary measures to provide the other Party with additional information as soon as possible.

Article 12 Detention pending the receipt of an extradition request

1. In urgent cases and if there are grounds to believe that the person whose extradition is being requested may abscond, the requesting Party has the right to request the requested Party to detain the requested person until the request for extradition is received. Such a request is signed by an official of the competent authority of the requesting Party and can be transmitted through the International Criminal Police Organization - Interpol or directly, including using electronic means of data transmission. 2. Such a request must contain: a) the necessary information about the person whose detention is being requested, including information about nationality and place of stay, as well as a description of his appearance, including photographs or other images, as well as fingerprints, if any; b) a brief description of the actual circumstances of the crime of which the person is accused or for which he was convicted, including information about the time and place of its commission, as well as about material damage, if any.; (c) The text of the relevant articles of the law of the requesting Party, on the basis of which this act is recognized as a crime, indicating the statutory penalty for this crime, as well as articles on the statute of limitations for criminal prosecution or enforcement of the sentence; (d) a certified copy of the decision (definition) on detention or the sentence entered into force e) information about the part of the custodial sentence served, as well as the terms of the sentence to be served.; f) a guarantee that the request for the extradition of this person and the necessary documents will be sent immediately. 3. The requested Party shall promptly take a decision on such a request in accordance with its legislation and promptly inform the requesting Party thereof, as well as take all necessary measures to establish the place of residence of the wanted person on its territory and to detain and arrest him. 4. A person arrested on the basis of such a request must be held in custody and released after forty (40) days from the date of his arrest, unless an extradition request is received. 5. The release of a person in accordance with paragraph 4 of this article does not prevent his re-arrest and detention for the purpose of extradition upon receipt of a request for the extradition of a person and the necessary documents.

Article 13 Transfer of persons

1. Upon receipt of the notification of the satisfaction of the extradition request, the Parties shall determine the time, place and procedure for the transfer of the extradited person as soon as possible. 2. The procedure for the transfer of an extradited person also includes the preparation of a protocol on the transfer in two copies, signed by representatives of the competent authorities of both Parties. If necessary, the powers of the representatives of the requesting Party to receive an extradited person may be confirmed by appropriate documents in accordance with a preliminary agreement between the Parties. 3. A person is accepted from the territory of the requested Party within a period agreed upon by both Parties. If a person is not accepted within the stipulated time limit, the requested Party may release that person and may refuse to extradite him. 4. If, due to circumstances beyond its control, one of the Parties is unable to transfer or accept the extradited person in time, it shall immediately notify the other Party. The Parties jointly determine the new transfer deadline, and the provisions of paragraph 3 of this article shall apply.

Article 14 Postponement of extradition or temporary extradition

1. If the person whose extradition is requested is prosecuted or convicted of another crime in the territory of the requested Party, his extradition may be postponed until the termination of criminal prosecution, the execution of the sentence or until release from punishment. 2. If the postponement of the extradition of a person provided for in paragraph 1 of this article may lead to the expiration of the statute of limitations for criminal prosecution or execution of a sentence or cause serious damage to the investigation of the person whose extradition is requested, the requested Party may, instead of postponing extradition, extradite the requested person to the requesting Party for a period in accordance with the conditions agreed by the Parties. 3. A person who has been temporarily extradited must be returned after carrying out the necessary actions in the criminal case for which he was extradited, but no later than sixty (60) calendar days later.

Article 15 Competing extradition requests

If one of the Parties receives requests for the extradition of the same person simultaneously from the other Party and from any third State, it determines at its discretion which request for the extradition of the person should be granted.

Section III Special provisions on the extradition of a person

Article 16 Initiation of criminal proceedings in the territory of the requested Party

1. In case of refusal to extradite a person provided for in subparagraphs (a) or (d) According to paragraph 1 of Article 3 of this Treaty, the requested Party, at the request of the requesting Party, decides whether to bring this person to criminal responsibility. To this end, the requesting Party shall send to the requested Party all materials concerning this person and provide the necessary assistance to the requested Party in conducting the investigation. 2. The requested Party shall inform the requesting Party of the progress of the investigation and its final outcome.

Article 17 Special rule

1. No criminal prosecution or sentencing shall be carried out against a person extradited in accordance with this Treaty, and he or she shall not be subject to any restriction of personal freedom in the territory of the requesting Party for any crime committed by him or her prior to extradition, except for the crime for which he or she was extradited, unless the requested Party agrees to do so. The parties. 2. The provisions of paragraph 1 of this article shall not apply if the extradited person had the opportunity to leave the territory of the requesting Party and did not do so within thirty (30) calendar days after his final release from responsibility for the crime in connection with which that person was extradited, or if that person voluntarily returned to the territory of the requesting Party, having previously left her.

Article 18 Re-extradition of a person

If the extradited person returns to the territory of the requested Party before his final release in the territory of the requesting Party from responsibility for the crime in connection with which he was extradited, then the re-extradition of this person may be carried out upon request without submitting the documents provided for in Article 9 of this Treaty.

Article 19 Transfer of ownership

1. Upon request, all property found in the territory of the requested Party acquired as a result of an extraditable offence or which may be required as evidence in a criminal case, including the instruments of the crime, shall be transferred to the requesting Party. The specific terms of the transfer are determined by the Parties. At the same time, the transferred property is exempt from taxes, customs duties, fees and other payments. Such transfer is subject to due respect for the rights of third parties regarding this property. 2. The above-mentioned property, if requested by the requesting Party, may be transferred to that Party, even if for some reason the transfer of the person about which an agreement has been reached cannot be carried out. 3. If the requested Party needs the said property as evidence in another criminal case, its transfer may be postponed until the end of the proceedings on it. 4. If the said property is subject to seizure or confiscation in the territory of the requested Party, it may refuse to transfer it or temporarily transfer it. 5. If the legislation of the requested Party or the interests of protecting the rights of third parties require it, any property transferred in this way will be returned to the requested Party free of charge at the end of the court proceedings, if this is required by this Party.

Article 20 Transit transportation

1. Each of the Parties, upon request, authorizes transit transportation through the territory of its State of a person extradited to the other Party by a third State. The transit request must contain the necessary information about the person, including information about the crime he is accused of or has been convicted of, as well as the existence of a decision to detain him. This provision does not apply in the case of using air transport when there is no plan to land on the territory of the other Party. 2. The requested Party shall satisfy the request for transit transportation as soon as possible. In each specific case, the competent authorities of the Parties shall coordinate the method, route and other conditions of transit, including the conditions for escorting the transported person and the availability of relevant documents. 3. During transit, the transit State ensures that the person being transported is detained and provides the necessary assistance to representatives of the other Party accompanying the person being transported. 4. In the event of an unplanned landing of an aircraft, the Party over whose territory the flight is being conducted may, at the request of representatives of the other Party accompanying the person being transported, detain him for 72 hours until receiving a request for transit transportation submitted in accordance with paragraph 1 of this article. Such a request can be transmitted by electronic means of data transmission. 5. If the person being transported is a national of the Party in whose territory the unplanned landing took place, that person must be transferred to that Party, which in turn must act in accordance with the provisions of Article 16 of this Treaty.

Section IV Final provisions

Article 21 Dispute resolution

Any disputes and disagreements regarding the interpretation or application of the provisions of this Agreement shall be resolved by the Parties through consultations and negotiations.

Article 22 Relation to other international treaties

1. The provisions of this Treaty shall not affect the rights and obligations of the Parties arising from other international treaties to which they are parties. 2. The Parties may conclude agreements among themselves, including of an interdepartmental nature, on the issues provided for in this Agreement, in order to supplement or expand the operation of its provisions or to facilitate the application of the principles laid down in it.

Article 23 Making additions and changes

Additions and amendments may be made to this Agreement, which are its integral parts and are formalized by separate protocols that enter into force in accordance with the procedure provided for in Article 24 of this Agreement.

Article 24 Entry into force

This Treaty is subject to ratification and enters into force on the thirtieth (30) day after the date of receipt of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for its entry into force.

Article 25 Period of validity and denunciation

1. This Agreement is concluded for an indefinite period. 2. Each of the Parties has the right to terminate this Agreement at any time by notifying the other Party in writing through diplomatic channels. This Agreement is terminated upon the expiration of six months from the date of receipt of the relevant notification. In the event of termination of this Agreement, the extradition arrangements that were initiated during its validity period shall remain in force until they are fully implemented.

Article 26 Application of the Treaty

This Treaty applies to the execution of requests for the extradition of a person also in relation to acts that took place before its entry into force.

Done in Sofia on November 14, 2014, in two copies in the Kazakh, Bulgarian and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall refer to the text in Russian.

For the Republic of Kazakhstan

For the Republic of Bulgaria

RCPI's note! The text of the Agreement in Bulgarian is attached.

President

Republic of Kazakhstan

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