On the ratification of the Treaty between the Republic of Kazakhstan and the Republic of Uzbekistan on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters

The Law of the Republic of Kazakhstan dated May 8, 1998 No. 229

       To ratify the Treaty between the Republic of Kazakhstan and the Republic of Uzbekistan on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed in Almaty on June 2, 1997.        

     President of the Republic of Kazakhstan  

                                              application  

  Agreement between the Republic of Kazakhstan and the Republic of Uzbekistan on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters  

(Bulletin of International Treaties of the Republic of Kazakhstan, 1999, No. 5, Article 94); (Entered into force on November 29, 1998 - J. "Diplomatic Courier", special issue No. 2, September 2000, p. 165); (Entered into force on November 29, 1998 - Bulletin of International Treaties of the Republic of Kazakhstan, 2004 G., No. 3, art. 15)  

     The Republic of Kazakhstan and the Republic of Uzbekistan, hereinafter referred to as the Contracting Parties, guided by generally recognized norms of international law, proceeding from the desire to ensure equal legal protection of personal and property rights of citizens of both Contracting Parties, attaching great importance to the development of legal cooperation in civil, family and criminal matters, have agreed as follows:  

  Section I General provisions  

  Part I Legal protection  

  Article 1 Provision of legal protection    

     1. Citizens of each Contracting Party, as well as other persons permanently residing in its territory, shall enjoy the same legal protection in the territory of the other Contracting Party in respect of their personal and property rights as their own citizens of that Contracting Party.        2. Citizens of each of the Contracting Parties, as well as other persons residing on its territory, have the right to freely and unhindered appeal to the courts, prosecutor's office, internal affairs bodies and other institutions of the other Contracting Party, whose competence includes civil, family and criminal cases (hereinafter referred to as "judicial institutions"), may act in them, initiate petitions, file lawsuits and carry out other procedural actions on the same terms as citizens of this Contracting Party.        3. The provisions of this Agreement shall apply respectively to legal entities established in the territories of the Contracting Parties in accordance with their legislation, as well as other organizations with procedural legal capacity.

    Article 2 Exemption from payment of duties and reimbursement of costs    

     1. Citizens of each of the Contracting Parties, as well as other persons permanently residing in its territory, are exempt in the territory of the other Contracting Party from paying and reimbursing court and notary fees and costs, and also enjoy free legal aid on the same terms and to the same extent as their own citizens of this Contracting Party.        2. The benefits provided for in paragraph 1 of this article shall apply to all procedural actions carried out in a particular case, including the execution of a decision.

    Article 3 Submission of documents on personal, family and property status  

     1. The benefits provided for in Article 2 of this Agreement are granted on the basis of documents on the personal, family and property status of the person applying for benefits. These documents are issued by the competent institutions of the Contracting Party in whose territory the person is domiciled or domiciled.        2. If the person initiating the application does not have a place of residence or domicile in the territory of the Contracting Parties, the documents provided for in paragraph 1 of this Article may be issued to him by the appropriate diplomatic mission or consular institution of the Contracting Party of which he is a national.        3. The judicial institution making a decision on an application for benefits may, if necessary, request additional information or necessary clarifications from the institution that issued the documents.  

    Part II Legal aid  

    Article 4 Provision of legal assistance  

     1. The judicial institutions of the Contracting Parties shall provide mutual legal assistance in civil, family and criminal matters in accordance with the provisions of this Treaty.        2. Judicial institutions shall provide legal assistance to other institutions in the cases referred to in paragraph 1 of this article.        3. Other institutions, in the cases referred to in paragraph 1 of this Article, shall send requests for legal assistance through judicial institutions.  

  Article 5 Scope of legal assistance  

     The judicial institutions of the Contracting Parties provide each other with legal assistance by performing procedural, operational-investigative and other actions provided for by the legislation of the requested Contracting Party, including:        a) drawing up and sending documents, providing originals or certified copies of relevant documents and materials, including banking, financial, legal and business documents; b) conducting a search, seizure and seizure of objects and documents, seizure of property, transfer and delivery of physical evidence;        c) conducting an inspection and examination; d) conducting an expert examination; e) interrogating the parties, victims, accused, witnesses, experts; f) searching for persons accused of committing crimes, as well as missing persons, extraditing persons accused of committing crimes, as well as for the execution of sentences;) initiation of criminal prosecution; g) provision of court documents;        h) recognition and enforcement of court decisions in civil and family cases, sentences in criminal cases regarding civil claims, executive orders; i) by handing over documents.  

    Article 6 Procedure of communication  

     When providing legal assistance, the judicial institutions of the Contracting Parties communicate with each other through their central authorities, unless this Agreement establishes a different procedure for communication.  

    Article 7 Content of the request for legal assistance  

     1. The request for legal assistance must contain: a) the name of the requesting judicial institution and the name of the requested judicial institution; b) the name of the case in which legal assistance is requested, a statement of the purpose of the request and a description of the requested assistance; c) the names of the parties, victims, witnesses, suspects, accused, defendants or convicts, information about their place of residence or domicile, nationality, occupation, for legal entities - their name and location;        (d) If representatives of the persons referred to in subparagraph (c) are present, their names, surnames and addresses; (e) the reasons for the application and a detailed description of the specific procedure required; (f) in criminal cases, also a description and qualification of the crime committed, a statement or text of the relevant laws, as well as data on the amount of material damage if it was caused as a result of an act; g) an indication of the time frame within which the request is expected to be fulfilled, when necessary.        2. If necessary, duly certified copies of documents or extracts from them are attached to the request, facilitating the execution of the request, or necessary for procedural actions authorized by the prosecutors.        3. The exact address of the recipient and the name of the documents must also be indicated in the request for delivery of documents.        4. The request must be signed by the relevant official and stamped with the stamp of the requesting institution of justice.  

    Article 8 Execution procedure  

     1. When executing a request for legal assistance, the requested judicial institution applies the legislation of its State. At the request of the judicial institution from which the request originates, it may also apply the procedural rules of the requesting Contracting Party, unless they contradict the legislation of the requested Contracting Party.        2. If the requested judicial institution is not competent to comply with the request for legal assistance, it will forward the request to the competent institution and notify the requesting judicial institution accordingly.        3. At the request of the requesting judicial institution, the requested judicial institution shall promptly inform it and the parties concerned of the time and place of execution of the request for legal assistance, so that they may be present at the execution of the request, if permitted by the legislation of the requested Contracting Party.        4. If the exact address of the person indicated in the order is unknown, the requested judicial institution shall take the necessary measures to establish the address in accordance with the legislation of the Contracting Party in whose territory it is located.        5. The judicial institutions of the Contracting Parties are obliged to take the necessary measures for the timely and full execution of requests for legal assistance. After executing the request, the judicial institution, if necessary, returns to the requesting judicial institution the documents that were attached to the request for legal assistance.        6. In the event that legal assistance cannot be provided, in accordance with article 19 of this Treaty, the requested judicial institution shall return to the requesting judicial institution the request for legal assistance and the attached documents.  

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

1. If necessary, witnesses, victims, civil plaintiffs, civil defendants, their representatives, and experts located in the territory of the other Contracting Party may be called to participate in the preliminary investigation or consideration of the case in court in the territory of one Contracting Party.        2. A witness, a victim, a civil plaintiff, a civil defendant and their representatives, as well as an expert who, upon a summons served by a judicial institution of the requested Contracting Party, appeared at the judicial institutions of the requesting Contracting Party, may not, regardless of their nationality, be held criminally or administratively liable in the territory of this Contracting Party, or taken into custody. or have been punished in connection with any act committed before crossing its State border. These persons may also not be held criminally or administratively liable, detained, or punished in connection with their testimony or expert opinions in the case being the subject of the proceedings.        3. The persons referred to in paragraph 2 of this Article shall lose the guarantees provided for in this paragraph if they do not leave the territory of the requesting Contracting Party, although they have the opportunity to do so, before the expiration of fifteen days from the day when the requesting judicial institution informs them that their presence is no longer necessary. This period does not include the time during which these persons could not leave the territory of the requesting Contracting Party through no fault of their own.        4. The requesting Contracting Party reimburses the witness, the expert, as well as the victim and his legal representative for expenses related to travel and stay in the requesting State, as well as unpaid wages for days of absence from work. The expert is also entitled to remuneration for conducting the examination. The summons must specify which payments the called persons are entitled to receive. At the request of such persons, the judicial institutions of the requesting Contracting Party shall pay them an advance payment to cover the relevant costs.        5. Summoning a victim, a civil plaintiff and a civil defendant, a witness or an expert residing in the territory of one of the Contracting Parties to a judicial institution of the other Contracting Party should not contain a threat of using means of coercion in case of non-appearance.  

  Article 10 Procedure for handing over documents  

     1. The judicial institution of the requested Contracting Party shall serve documents in accordance with the request and the rules in force in the territory of that Contracting Party, if the documents being served are drawn up in the language of that State or provided with a duly certified translation. Otherwise, it transfers the documents to the recipient if he agrees to accept them voluntarily.        2. Confirmation of the correctness of the translation of documents intended for delivery is carried out by the judicial institution from which the request originates, or by a diplomatic or consular representative of one of the Contracting Parties.        3. If the documents cannot be served at the address indicated in the request, the requested judicial institution shall take the necessary measures to establish the address in accordance with the legislation of its State. In the event that it is impossible to establish the address, the requested judicial institution notifies the requesting judicial institution and returns the documents to be served to it.  

    Article 11 Confirmation of delivery of documents  

     The confirmation of the documents' delivery is executed in accordance with the rules in force in the territory of the requested Contracting Party. The confirmation must specify the method, place and time of delivery, as well as the person to whom the documents were delivered. Confirmation of the documents' delivery is sent to the requesting justice institution.  

    Article 12 Powers of diplomatic missions and consular institutions  

     The Contracting Parties have the right to serve documents and interrogate their own citizens located in the territory of the other Contracting Party through their diplomatic missions or consular offices. At the same time, coercive measures or the threat of their use may not be applied.  

  Article 13 Validity of documents  

     1. Documents that are produced or certified in the territory of one of the Contracting Parties by an institution or a specially authorized person within their competence and in accordance with the prescribed form and stamped with an official seal, are accepted in the territory of the other Contracting Party without any special certificate.        2. Documents that are considered official documents 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 14 Forwarding of civil status documents and other documents  

     1. The judicial institutions of the Contracting Parties shall, upon request, send directly to each other, without translation and free of charge, certificates of registration of acts of civil status, documents on education, work experience and other documents relating to the personal or property rights and interests of citizens of their States and other persons permanently residing in the territory of the Contracting Parties.        2. The documents referred to in paragraph 1 of this Article may be forwarded by the judicial institutions of the Contracting Parties without translation and free of charge to directly interested persons residing in the territory of the other Contracting Party upon their request.  

    Article 15 Identification of addresses and other data  

     1. The judicial institutions of the Contracting Parties, upon request, shall assist each other, in accordance with the legislation of their States, in establishing the addresses of persons residing in the territories of the Contracting Parties, if this is necessary for the exercise of citizens' rights. At the same time, the requesting justice institution shall provide the information available to it that may help in establishing the address of the person indicated in the request.        2. The judicial institutions of the Contracting Parties shall assist each other in establishing the civil status, place of work or occupation, and income information of persons residing in the territory of the Contracting Party to whom property claims have been filed in civil, family and criminal matters in the judicial institutions of the requesting Contracting Party.        3. When providing legal assistance in accordance with this article, the judicial institutions of the Contracting Parties communicate with each other both through their central authorities and directly.  

  Article 16 Information on legal issues  

     Upon request, the central authorities of the judicial institutions of the Contracting Parties shall provide each other with information on the legislation in force or in force in their States and on the practice of its application by judicial institutions, as well as other information on legal issues.  

    Article 17 Languages  

     1. The judicial institutions of the Contracting Parties shall use Kazakh, Uzbek and Russian languages in their relations with each other when implementing this Agreement.        2. Documents sent in the language of the requesting Contracting Party shall be accompanied by a translation into the language of the requested Contracting Party or into Russian, unless otherwise provided by this Agreement. The Contracting Parties shall also provide translation and interpretation services into Kazakh and Uzbek, where necessary.        3. Confirmation of the correctness of the written translation of documents is carried out in accordance with the legislation of the Contracting Parties and the provisions of this Agreement.  

  Article 18 Expenses related to the provision of legal assistance  

     The requested Contracting Party will not require reimbursement of legal aid costs. The Contracting Parties themselves shall bear all costs incurred in providing legal assistance in their territories, unless otherwise provided by this Agreement.  

    Article 19 Refusal to provide legal assistance  

     1. A request for legal assistance may be refused in whole or in part if its execution may entail a violation of human rights, damage the sovereignty or security of the State, or contradict the legislation of the requested Contracting Party.        2. In the event of a decision to refuse the request, the requesting Contracting Party shall be notified in writing, indicating the reasons for the refusal.  

  Section II Legal relations in civil and family matters  

    Part I Competence  

    Article 20 General provisions  

1. Unless otherwise provided in Parts II-V of this section, claims against persons domiciled in the territory of one of the Contracting Parties shall be filed, regardless of their nationality, in the courts of that Contracting Party, and claims against legal entities shall be filed in the courts of the Contracting Party in whose territory the governing body of the legal entity, its representative office, is located. or a branch office.        2. The courts of each Contracting Party are also competent in the case when on its territory: a) commercial, industrial or other economic activities of the respondent's enterprise (branch) are carried out; b) the obligation from the contract that is the subject of the dispute has been fulfilled or must be fulfilled in whole or in part; c) the plaintiff has permanent residence or location in a claim for protection honor, dignity and business reputation.        3. The courts at the location of the property are exclusively competent in cases of claims for ownership and other proprietary rights to immovable property. Claims against carriers arising from contracts for the carriage of goods, passengers and baggage are filed at the location of the management of the transport organization to which the claim was filed in accordance with the established procedure.  

  Article 21 Contractual jurisdiction  

     1. The courts of the Contracting Parties may also consider cases in other cases if there is a written agreement between the parties to refer the dispute to these courts. In this case, the exclusive competence arising from paragraph 3 of Article 20 and other norms established by parts II-V of this section, as well as the legislation of the relevant Contracting Party, may not be changed by agreement of the Parties.        2. If there is an agreement on the transfer of the dispute, the court, at the request of the defendant, transfers the case to another court.  

    Article 22 Interrelation of judicial processes  

     1. If proceedings are initiated between the same parties on the same subject and on the same grounds in the courts of both Contracting Parties, the court that initiated the case later shall terminate the proceedings.        2. By agreement of the Contracting Parties, the court that initiated the case earlier may also terminate the proceedings if it recognizes that the case will be reviewed more quickly and comprehensively in another court, in particular, at the location of most of the evidence.        3. A counterclaim and a set-off claim arising from the same legal relationship as the main claim are subject to review by the court that is considering the main claim.  

  Part II Personal status  

    Article 23 Legal capacity and legal capacity  

     1. The legal capacity of an individual is determined by the legislation of the Contracting Party of which that person is a national.        2. The legal capacity of a stateless person is determined by the law of the country in which he has permanent residence.        3. The legal capacity of a legal entity is determined by the legislation of the Contracting Party in whose territory it was established.  

    Article 24 Recognition of limited legal capacity or incapacity. Restoration of legal capacity  

     1. In cases of recognition of a person as having limited legal capacity or incapacity, with the exception of the cases provided for in paragraphs 2 and 3 of this Article, the court of the Contracting Party of which the person is a national is competent.        2. If the court of one Contracting Party becomes aware of the grounds for recognizing a person permanently residing in its territory who is a citizen of the other Contracting Party as having limited legal capacity or incapacity, it will notify the court of the Contracting Party of which the person is a citizen.        3. If the court of a Contracting Party, which has been notified of the grounds for recognition as having limited legal capacity or incapacity, does not initiate proceedings within three months or does not provide its opinion, the case for recognition as having limited legal capacity or incapacity will be considered by the court of the Contracting Party in whose territory this citizen resides. The decision on recognizing a person as having limited legal capacity or incapacity for work is sent to the competent court of the Contracting Party of which the person is a national.        4. The provisions of paragraphs 1-3 of this article shall apply accordingly to the restoration of legal capacity.        5. In the cases provided for in paragraphs 2 and 3 of this article and which are urgent, the measures necessary to protect a person or his property may be independently taken by the court of the Contracting Party in whose territory the person permanently resides. Orders issued in connection with these measures are sent to the court of the Contracting Party of which the person is a national. These orders may be revoked if the Contracting Party decides otherwise.        6. Cases on the recognition of a citizen as having limited legal capacity or incapacity for work are considered by the courts of each of the Contracting Parties with the mandatory participation of a prosecutor.  

  Article 25 Recognition of missing persons and declaration of deceased.  Establishing the fact of death  

     1. In cases concerning the recognition of a person as missing or declared dead, and in cases concerning the establishment of the fact of death, the courts 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 judicial institutions at the person's last place of residence.        2. The courts of each of the Contracting Parties may recognize a citizen of the other Contracting Party and another person who lived in its territory as missing or deceased, as well as establish the fact of his death at the request of interested persons residing in its territory, whose rights and interests are based on the legislation of that Contracting Party.        3. The courts of the Contracting Parties shall apply the legislation of their State when considering cases of missing persons or declaring deceased and cases of establishing the fact of death. The participation of the prosecutor in the consideration of such cases is mandatory.  

  Part III Family affairs  

    Article 26 Marriage  

     1. The conditions of marriage are determined for each of the persons entering into marriage by the legislation of the Contracting Party of which he is a national, and for stateless persons by the legislation of the Contracting Party that is their permanent place of residence. In addition, with regard to obstacles to marriage, the requirements of the legislation of the Contracting Party in whose territory the marriage is concluded must be observed.        2. The form of marriage is determined by the legislation of the Contracting Party in whose territory the marriage is concluded.  

    Article 27 Legal relations of spouses  

     1. The personal and property legal relations of the spouses are determined by the legislation of the Contracting Party in whose territory they have joint residence.        2. If one of the spouses resides in the territory of one Contracting Party and the other in the territory of the other Contracting Party and both spouses have the same nationality, their personal and property legal relations are determined by the legislation of the Contracting Party of which they are citizens.        3. If one of the spouses is a citizen of one Contracting Party and the other of the other Contracting Party, and one of them resides in the territory of one and the other in the territory of the other Contracting Party, their personal and property legal relations shall be determined by the legislation of the Contracting Party in whose territory they had their last joint residence.        4. If the persons referred to in paragraph 3 of this Article did not have joint residence in the territory of the Contracting Parties, the legislation of the Contracting Party whose institution is considering the case shall apply.        5. The legal relations of the spouses concerning their immovable property are determined by the legislation of the Contracting Party in whose territory this property is located.        6. The institutions of the Contracting Party, whose legislation is subject to application in accordance with paragraphs 1-3, 5 of this Article, are competent in cases of personal and property legal relations between spouses.  

    Article 28 Dissolution of marriage  

     1. In cases of divorce, the legislation of the Contracting Party of which the spouses are citizens at the time of filing the application is applied.        2. If one of the spouses is a citizen of one Contracting Party and the other is a citizen of the other Contracting Party, the legislation of the Contracting Party whose institution is considering the case of divorce shall apply.  

    Article 29 Competence of the institutions of the Contracting Parties  

     1. In cases of divorce in the case provided for in paragraph 1 of Article 28, the judicial institutions of the Contracting Party of which the spouses are citizens at the time of filing the application are competent. If, at the time of filing the application, both spouses reside in the territory of the other Contracting Party, the judicial institutions of that Contracting Party are also competent.        2. In cases of divorce in the case provided for in paragraph 2 of Article 28, the judicial institutions of the Contracting Party in whose territory both spouses reside are competent. If one of the spouses resides in the territory of one Contracting Party and the other in the territory of the other Contracting Party, the judicial institutions of both Contracting Parties in whose territories the spouses reside are competent in cases of divorce.  

    Article 30 Annulment of marriage  

1. In cases of recognition of marriage as invalid, the legislation of the Contracting Party, which, in accordance with Article 26, was applied at the time of marriage, shall apply.        2. The competence of the judicial institutions of the Contracting Parties in cases of recognition of marriage as invalid shall be determined in accordance with Article 29 of this Treaty.  

    Article 31 Establishing and challenging paternity or motherhood  

     The establishment and challenge of paternity or motherhood is determined by the legislation of the Contracting Party of which the child is a citizen by birth.  

    Article 32 Legal relations between parents and children  

     1. The legal relations between parents and children are determined by the legislation of the Contracting Party in whose territory they have joint residence.        2. If the residence of one of the parents and children is located in the territory of the other Contracting Party, the legal relations between them are determined by the legislation of the Contracting Party of which the child is a national.        3. The legal relationship between an illegitimate child and his mother and father is determined by the legislation of the Contracting Party of which the child is a national.        4. 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 is applied.        5. In cases of legal relations between parents and children, the court of the Contracting Party whose legislation is to be applied in accordance with paragraphs 1, 2, 3 and 4 of this Article is competent.  

  Article 33 Guardianship and trusteeship  

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

    Article 34 Competence of institutions of the Contracting Parties in matters of guardianship and guardianship  

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

    Article 35 Procedure for taking measures on guardianship and trusteeship  

     1. If it is necessary to take measures for guardianship or guardianship in the interests of a citizen of one Contracting Party, whose residence, residence or property is located in the territory of the other Contracting Party, the institution of this Contracting Party shall immediately notify the institution competent in accordance with Article 34 of this Treaty.        2. In urgent cases, the institution of the other Contracting Party may itself take the necessary interim measures in accordance with its legislation. At the same time, it is obliged to immediately notify the institution competent in accordance with article 34. These measures remain in force until a different decision is taken by the institution referred to in article 34.    

    Article 36 Procedure for transfer of guardianship or guardianship  

     1. An institution competent in accordance with Article 34 may transfer guardianship or trusteeship to an institution of another Contracting Party if the person under guardianship or trusteeship has residence, domicile or property in the territory of that Contracting Party. The transfer of custody or guardianship takes effect from the moment when the requested institution assumes custody or guardianship and notifies the requesting institution about it.        2. An institution that has accepted guardianship or trusteeship in accordance with paragraph 1 of this article shall exercise it in accordance with the legislation of its State. It does not have the right to make decisions on issues related to the personal status of a person under guardianship or guardianship, but may grant permission to enter into marriage if necessary under the legislation of the Contracting Party of which the person is a national.  

  Article 37 Adoption  

     1. Adoption or its cancellation is determined by the legislation of the Contracting Party of which the adoptive parent is a national at the time of filing an application for adoption or its cancellation.        2. If the child is a citizen of another Contracting Party, when adopting or canceling it, it is necessary to obtain the consent of the legal representative and the competent state authority, as well as the consent of the child, if required by the legislation of the Contracting Party of which he is a citizen.        3. If a child is adopted by spouses, one of whom is a citizen of one Contracting Party and the other is a citizen of the other Contracting Party, the adoption or its cancellation must be carried out in accordance with the conditions provided for by the legislation of both Contracting Parties.        4. In cases of adoption or its cancellation, the institution of the Contracting Party of which the adoptive parent is a national at the time of filing the application for adoption or its cancellation is competent, and in the case provided for in paragraph 3 of this article, the institution of the Contracting Party in whose territory the spouses had or have their last residence or domicile is competent.  

  Part IV Property relations  

    Article 38 The right of ownership  

     1. Ownership of immovable property is determined by the legislation of the Contracting Party in whose territory the immovable property is located. The question of which property is immovable is decided in accordance with the legislation of the State in whose territory this property is located.        2. The ownership of vehicles to be entered in state registers is determined by the legislation of the Contracting Party in whose territory the authority that registered the vehicle is located.        3. The emergence and termination of ownership rights or other proprietary rights to property is determined by the legislation of the Contracting Party in whose territory the property was located at the time when the action or other circumstance that served as the basis for the emergence or termination of such a right took place.        4. The occurrence and termination of ownership rights or other proprietary rights to the property that is the subject of the transaction is determined by the legislation of the place of the transaction, unless otherwise provided by agreement of the parties.  

    Article 39 Form of the transaction  

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

    Article 40 Power of attorney  

     The form and term of validity of the power of attorney are determined by the legislation of the Contracting Party in whose territory the power of attorney was issued.  

    Article 41 Rights and obligations of the parties to the transaction  

     The rights and obligations of the parties to the transaction are determined by the legislation of the place of its commission, unless otherwise provided by agreement of the parties.  

    Article 42 Compensation for damage  

     1. Obligations to compensate for damage, other than those arising from contracts and other lawful actions, are determined by the legislation of the Contracting Party in whose territory the action or other circumstance that served as the basis for the claim for compensation took place.        2. If the harm-doer and the victim are nationals of the same Contracting Party, the legislation of that Contracting Party shall apply.        3. In the cases referred to in paragraphs 1 and 2 of this Article, the court of the Contracting Party in whose territory the action or other circumstance that served as the basis for the claim for damages took place is competent. The victim may also file a claim in the court of the Contracting Party in whose territory the defendant resides.  

    Article 43 Limitation period  

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

    Part V Inheritance  

    Article 44 The principle of equality  

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

    Article 45 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 residence.        2. The right to inherit immovable property is determined by the legislation of the Contracting Party in whose territory this property is located.  

    Article 46 Transfer of inheritance to the State  

1. In cases of recognition of marriage as invalid, the legislation of the Contracting Party, which, in accordance with Article 26, was applied at the time of marriage, shall apply.        2. The competence of the judicial institutions of the Contracting Parties in cases of recognition of marriage as invalid shall be determined in accordance with Article 29 of this Treaty.  

    Article 31 Establishing and challenging paternity or motherhood  

     The establishment and challenge of paternity or motherhood is determined by the legislation of the Contracting Party of which the child is a citizen by birth.  

    Article 32 Legal relations between parents and children  

     1. The legal relations between parents and children are determined by the legislation of the Contracting Party in whose territory they have joint residence.        2. If the residence of one of the parents and children is located in the territory of the other Contracting Party, the legal relations between them are determined by the legislation of the Contracting Party of which the child is a national.        3. The legal relationship between an illegitimate child and his mother and father is determined by the legislation of the Contracting Party of which the child is a national.        4. 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 is applied.        5. In cases of legal relations between parents and children, the court of the Contracting Party whose legislation is to be applied in accordance with paragraphs 1, 2, 3 and 4 of this Article is competent.  

  Article 33 Guardianship and trusteeship  

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

    Article 34 Competence of institutions of the Contracting Parties in matters of guardianship and guardianship  

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

    Article 35 Procedure for taking measures on guardianship and trusteeship  

     1. If it is necessary to take measures for guardianship or guardianship in the interests of a citizen of one Contracting Party, whose residence, residence or property is located in the territory of the other Contracting Party, the institution of this Contracting Party shall immediately notify the institution competent in accordance with Article 34 of this Treaty.        2. In urgent cases, the institution of the other Contracting Party may itself take the necessary interim measures in accordance with its legislation. At the same time, it is obliged to immediately notify the institution competent in accordance with article 34. These measures remain in force until a different decision is taken by the institution referred to in article 34.    

    Article 36 Procedure for transfer of guardianship or guardianship  

     1. An institution competent in accordance with Article 34 may transfer guardianship or trusteeship to an institution of another Contracting Party if the person under guardianship or trusteeship has residence, domicile or property in the territory of that Contracting Party. The transfer of custody or guardianship takes effect from the moment when the requested institution assumes custody or guardianship and notifies the requesting institution about it.        2. An institution that has accepted guardianship or trusteeship in accordance with paragraph 1 of this article shall exercise it in accordance with the legislation of its State. It does not have the right to make decisions on issues related to the personal status of a person under guardianship or guardianship, but may grant permission to enter into marriage if necessary under the legislation of the Contracting Party of which the person is a national.  

  Article 37 Adoption  

     1. Adoption or its cancellation is determined by the legislation of the Contracting Party of which the adoptive parent is a national at the time of filing an application for adoption or its cancellation.        2. If the child is a citizen of another Contracting Party, when adopting or canceling it, it is necessary to obtain the consent of the legal representative and the competent state authority, as well as the consent of the child, if required by the legislation of the Contracting Party of which he is a citizen.        3. If a child is adopted by spouses, one of whom is a citizen of one Contracting Party and the other is a citizen of the other Contracting Party, the adoption or its cancellation must be carried out in accordance with the conditions provided for by the legislation of both Contracting Parties.        4. In cases of adoption or its cancellation, the institution of the Contracting Party of which the adoptive parent is a national at the time of filing the application for adoption or its cancellation is competent, and in the case provided for in paragraph 3 of this article, the institution of the Contracting Party in whose territory the spouses had or have their last residence or domicile is competent.  

  Part IV Property relations  

    Article 38 The right of ownership  

     1. Ownership of immovable property is determined by the legislation of the Contracting Party in whose territory the immovable property is located. The question of which property is immovable is decided in accordance with the legislation of the State in whose territory this property is located.        2. The ownership of vehicles to be entered in state registers is determined by the legislation of the Contracting Party in whose territory the authority that registered the vehicle is located.        3. The emergence and termination of ownership rights or other proprietary rights to property is determined by the legislation of the Contracting Party in whose territory the property was located at the time when the action or other circumstance that served as the basis for the emergence or termination of such a right took place.        4. The occurrence and termination of ownership rights or other proprietary rights to the property that is the subject of the transaction is determined by the legislation of the place of the transaction, unless otherwise provided by agreement of the parties.  

    Article 39 Form of the transaction  

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

    Article 40 Power of attorney  

     The form and term of validity of the power of attorney are determined by the legislation of the Contracting Party in whose territory the power of attorney was issued.  

    Article 41 Rights and obligations of the parties to the transaction  

     The rights and obligations of the parties to the transaction are determined by the legislation of the place of its commission, unless otherwise provided by agreement of the parties.  

    Article 42 Compensation for damage  

     1. Obligations to compensate for damage, other than those arising from contracts and other lawful actions, are determined by the legislation of the Contracting Party in whose territory the action or other circumstance that served as the basis for the claim for compensation took place.        2. If the harm-doer and the victim are nationals of the same Contracting Party, the legislation of that Contracting Party shall apply.        3. In the cases referred to in paragraphs 1 and 2 of this Article, the court of the Contracting Party in whose territory the action or other circumstance that served as the basis for the claim for damages took place is competent. The victim may also file a claim in the court of the Contracting Party in whose territory the defendant resides.  

    Article 43 Limitation period  

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

    Part V Inheritance  

    Article 44 The principle of equality  

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

    Article 45 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 residence.        2. The right to inherit immovable property is determined by the legislation of the Contracting Party in whose territory this property is located.  

    Article 46 Transfer of inheritance to the State  

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

    Article 47 The will  

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

    Article 48 Competence in inheritance matters  

     1. The institutions of the Contracting Party in whose territory the testator was domiciled at the time of his death are competent to conduct proceedings on inheritance of movable property.        2. The institutions of the Contracting Party in whose territory the property is located are competent to conduct proceedings on inheritance of immovable property.        3. The provisions of paragraphs 1 and 2 of this article shall also apply to the consideration of disputes arising in connection with inheritance proceedings.  

    Article 49 Competence of a diplomatic mission or consular institution in inheritance matters  

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

    Article 50 Inheritance protection measures  

     1. The institutions of the Contracting Parties shall take, in accordance with their legislation, measures necessary to ensure the protection of inheritance left on their territories by citizens of the other Contracting Party or to manage it. 2. The diplomatic mission or consular office of the Contracting Party of which the testator is a national shall be notified without delay of the measures taken in accordance with paragraph 1 of this Article. The specified representative office or institution may participate in the implementation of these measures.        3. At the request of the judicial institution competent to conduct inheritance proceedings, as well as a diplomatic mission or consular institution, the measures taken in accordance with paragraph 1 of this article may be changed, canceled or postponed.  

    Article 51 Transfer of inheritance  

     1. If movable inherited property or a sum of money obtained from the sale of movable or immovable inherited property is subject, after the end of inheritance proceedings, to transfer to heirs whose domicile or residence is located in the territory of another Contracting Party, the inherited property or the amount of money obtained shall be transferred to the diplomatic mission or consular institution of that Contracting Party.        2. The institution responsible for inheritance issues orders the transfer of the inheritance property to a diplomatic mission or consular institution.        3. This property may be transferred to heirs if: a) all claims of the testator's creditors filed within the time period established by the legislation of the Contracting Party where the inherited property is located have been paid or secured; b) all fees related to inheritance have been paid or secured.;        c) the competent institutions have given permission, if necessary, to export the inherited property.        4. The transfer of monetary amounts is carried out in accordance with the legislation in force in the territories of the Contracting Parties.  

    Section III Recognition and enforcement of decisions  

    Article 52 Recognition and enforcement of decisions  

     Each of the Contracting Parties, on the terms provided for in this Agreement, recognizes and executes the following decisions that have entered into force in the territory of the other Contracting Party: a) decisions of judicial institutions in civil and family matters, including court-approved settlement agreements in such cases and notarial acts in respect of monetary obligations (hereinafter referred to as decisions); b) sentences of criminal courts regarding compensation for damage caused by a crime.  

  Article 53 Recognition of decisions that do not require execution  

     1. Decisions rendered by the institutions of justice of each of the Contracting Parties that have entered into legal force and are not enforceable in nature shall be recognized in the territory of the other Contracting Party without special proceedings, provided that: a) the institutions of justice of the requested Contracting Party have not previously rendered a decision in this case that has entered into legal force;        b) the case, according to this Agreement, and in cases not provided for by it, according to the legislation of the Contracting Party in whose territory the decision is to be recognized, does not fall within the exclusive competence of the judicial institution of that Contracting Party.        2. The provisions of paragraph 1 of this article also apply to decisions on guardianship and trusteeship, as well as decisions made by civil registry offices.  

         Article 54 Application for permission to enforce a decision  

     1. An application for permission to enforce a decision shall be submitted to the competent court of the Contracting Party where the decision is to be enforced. It can also be filed with the court, which ruled on the case in the first instance. This court shall forward the petition to the court competent to rule on the petition.        2. The application shall be accompanied by: a) the decision or its certified copy, as well as an official document stating that the decision has entered into force and is enforceable, or that it is enforceable before it enters into force, if this does not follow from the decision itself; b) a document from which it follows that the party the person against whom the decision was made, who did not take part in the process, was duly and promptly summoned to court, and in the case of her procedural incapacity, was duly represented;        c) a document confirming the partial execution of the decision at the time of its transmission; d) a document confirming the agreement of the parties on matters of contractual jurisdiction.        3. The application for permission to enforce the decision and the documents attached thereto shall be provided with a certified translation into the language of the requested Contracting Party or into Russian.  

    Article 55 Procedure for recognition and enforcement of decisions  

     1. Applications for recognition and authorization of the compulsory execution of decisions provided for in articles 52 and 54 shall be considered by the courts of the Contracting Party in whose territory the compulsory execution is to be carried out.        2. The court considering an application for recognition and authorization of the compulsory execution of a decision shall be limited to establishing that the conditions provided for in this Agreement have been met. If the conditions are met, the court issues a decision on compulsory execution.        3. The procedure for compulsory execution is determined by the legislation of the Contracting Party in whose territory the execution is to be carried out.  

    Article 56 Refusal to recognize and enforce decisions  

     Recognition of the decisions provided for in Article 52 and the granting of a permit for enforcement may be refused if: a) in accordance with the legislation of the Contracting Party in whose territory the decision was made, it has not entered into force or is not enforceable, except in cases where the decision is enforceable before it enters into force. b) the defendant did not participate in the trial due to the fact that he or his authorized representative was not promptly and properly served with a summons to court.;        c) in a case between the same parties, on the same subject and on the same basis, in the territory of the Contracting Party where the decision is to be recognized and enforced, a final decision has already been rendered or there is a recognized decision of a court of a third State, or if an institution of this Contracting Party has previously initiated proceedings on this the case;        d) according to the provisions of this Agreement, and in cases not provided for by it, according to the legislation of the Contracting Party in whose territory the decision is to be recognized and executed, the case falls within the exclusive competence of its institution; e) there is no document confirming the agreement of the parties on the case of contractual jurisdiction; f) the limitation period for compulsory enforcement has expired. the legislation of the Contracting Party, the court of which is considering the application for recognition and enforcement of the decision.  

  Section IV Legal assistance in criminal matters  

    Part I Issuance  

    Article 57 Obligation of extradition  

     The Contracting Parties undertake, in accordance with the conditions provided for in this Treaty, upon request, to extradite to each other persons located in their territories who are wanted in the requesting State for the purpose of criminal prosecution for extraditable offences or for the execution of a sentence in connection with such an offence.  

  Article 58 Extraditable offences  

1. For the purposes of this Treaty, extraditable offences are offences which, in accordance with the laws of the requested and requesting Contracting Parties, are punishable by imprisonment for a term exceeding one year or a heavier penalty.        2. Extradition for the execution of a sentence imposed for crimes committed under paragraph 1 of this article shall be carried out if at least six months remain before the end of the sentence.        3. When determining whether a crime is an offence that is punishable in accordance with the laws of the requested and requesting Contracting Parties, it does not matter: a) whether the acts or omissions constituting the crime in accordance with the laws of the Contracting Parties belong to a similar category of crimes or whether the crime is designated by a similar term.;        b) whether, in accordance with the legislation of the Contracting Parties, the constituent elements of this crime differ, since the totality of actions or omissions cited by the requesting Contracting Party is taken into account.        4. If the request for extradition 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 extradition.  

    Article 59 Grounds for refusal of extradition  

      Extradition shall not be carried out if: a) the person whose extradition is required is a national of the requested Contracting Party or a person who has been granted asylum in that State; b) at the time of receipt of the request, according to the legislation of the requested Contracting Party, criminal prosecution cannot be initiated or the sentence cannot be carried out for any legitimate reason., including expiration of the statute of limitations or amnesty;        (c) In the territory of the requested Contracting Party, for the same offence against a person whose extradition is required, a sentence or decision to terminate proceedings has been passed that has entered into force; (d) the offence for which extradition is requested has been committed in whole or in part in the territory of the requested Contracting Party, including a ship under its flag or an aircraft registered in accordance with its legislation at the time of the commission of the crime;        e) criminal prosecution for the crime in connection with which extradition is requested, in accordance with the legislation of the requested and requesting Contracting Parties, may be initiated only upon the application of the victim.  

    Article 60 Request for extradition and necessary documents  

     1. The extradition request must be sent in writing and must contain the necessary information about the person whose extradition is required, including information about nationality and residence or place of residence.        2. The request for extradition must be accompanied in all cases: a) provide as accurate a description of the required person as possible, along with any other information that may help identify that person, including photographs or other images, as well as fingerprints, if any.;        b) the text of the relevant provision qualifying the crime, or, where appropriate, an excerpt from the relevant law to which the crime falls, and a description of the punishment that may entail the crime.        3. If the requested person is accused of committing a crime, the request for extradition shall be accompanied by a certified copy of the decision on the detention of this person, a description of the actual circumstances of the crime, including an indication of the time and place of commission, information about material damage, if any.        4. If the requested person has been convicted of a crime, a certified copy of the sentence that has entered into force, or a certified extract from it stating the indictment and the verdict, and information about the unserved portion of the sentence, if the convicted person has already served part of the sentence, shall be attached to the extradition request.        5. The request for extradition and the documents attached to it shall be drawn up in accordance with the provisions of article 17 of this Treaty.        6. An extradition request is sent in cases where the location of the requested person in the territory of the requested Contracting Party is known.  

  Article 61 Decision on an extradition request  

     1. The requested Contracting Party shall consider the request for extradition in accordance with the procedure provided for by its legislation and shall promptly inform the requesting Contracting Party of its decision.        2. In the event of a decision to grant the request, the requested Contracting Party shall immediately take measures to take into custody the person whose extradition is required. The requesting Contracting Party shall be informed without delay of the fact that this person has been taken into custody.        3. A complete or partial refusal to grant an extradition request is justified by appropriate reasons.  

  Article 62 Additional information  

     1. If the requested Contracting Party considers the information provided in support of the extradition request to be insufficient, it may request additional information within 15 days. At the same time, the requested Contracting Party may take the necessary measures to ensure the surveillance of the person whose extradition is required in order to prevent the possibility of his departure from its borders.        2. In the case provided for in paragraph 1 of this Article, the requesting Contracting Party shall take the necessary measures to provide the other Contracting Party with additional information as soon as possible.  

  Article 63 Detention pending the receipt of an extradition request  

           1. If there are grounds to believe that the person whose extradition is required intends or is trying to abscond, the requesting Contracting Party may apply to the requested Contracting Party with a request to detain the requested person pending receipt of the extradition request. Such a request may be submitted directly or using technical means of text transmission, including telegraph, telex, fax, e-mail.        2. Such a request must contain a description of the person required, a statement that an extradition request will be sent, a message about the existence of a detention order or a sentence that has entered into force, a message about the punishment that may be imposed or has been imposed for this crime, including information about what part of the term is still pending. to depart, a summary of the facts of the case and a report on the location of the requested person.        3. The requested Contracting Party shall promptly take a decision on such a request in accordance with its legislation and promptly inform the requesting Contracting Party thereof.        4. A person detained on the basis of such a request shall be released after the expiration of the period provided for by the legislation of the requested Contracting Party, if no request for extradition is received.        5. The release of a person in accordance with paragraph 4 of this article does not prevent the re-arrest and detention in order to extradite the required person in the event of subsequent receipt of an extradition request and supporting documents.  

  Article 64 Detention pending the receipt of an extradition request  

     1. In an exceptional case, a person detained on the basis of a request provided for in Article 63 of this Treaty may, in accordance with the legislation of the requested Contracting Party, be detained until the request for extradition is received, provided that copies of the detention order or the sentence that has entered into force have been facsimiled, or a certified extract from it stating the indictment the part and the verdict, accompanied by a translation of these documents into the language of the requested Contracting Party or into Russian.        2. In the case provided for in paragraph 1 of this Article, the Contracting Parties shall agree on the time period for which the requesting Contracting Party must submit an extradition request and supporting documents. The requested Contracting Party shall release the detained person if the request for extradition is not received within the time period stipulated by the Contracting Parties.  

  Article 65 Search for a person whose extradition is required  

1. The Contracting Parties shall, upon request, search for persons accused of committing extraditable offences in accordance with Article 58 of this Treaty before receiving an extradition request, if there are grounds to believe that such persons may be present in the territory of the requested Contracting Party.        2. A search request shall be drawn up in accordance with the provisions of articles 7 and 17 of this Treaty and in all cases must contain: a) as complete a description of the wanted person as possible, along with any other information that may help establish his identity and location.;        b) the text of the relevant provision qualifying the crime for which the person is wanted, or, where appropriate, an excerpt from the relevant law to which the crime falls, and a description of the punishment that may entail the crime.;        (c) Information on the existence of a detention order or a sentence that has entered into force, including information on how much of the sentence remains to be served if the person has already served part of the sentence, a brief description of the actual circumstances of the crime, including an indication of the time and place of commission; (d) a request for the detention of the person in the event of detection and a statement that an extradition request will be sent.        3. The search request shall be accompanied by photographs and fingerprints of the wanted person, if any, as well as other documents or copies thereof that may be required.        4. Upon receiving a request for a search, the requested Contracting Party shall take all necessary measures to establish the location of the wanted person on its territory and detain him. The requesting Contracting Party shall be informed immediately of the fact of the detention of such a person.        5. A person detained in accordance with the provisions of this article must be released if a request for his extradition is not received within thirty days from the moment of detention.        6. The release of a person in accordance with paragraph 5 of this article does not prevent the re-arrest and detention for the purpose of extradition of this person in the event of subsequent receipt of an extradition request and supporting documents.  

  Article 66 Liability for unjustified detention and/or detention  

     1. Responsibility for the unjustified detention and/or detention of a person whose extradition is required shall be borne by the requesting Contracting Party if: a) this Contracting Party has not submitted an extradition request and relevant documents within the time limits provided for in Articles 63, 64 and 65 of this Treaty; b) if this Contracting Party refuses to send a request for extradition. extradition, when the person whose extradition is required has already been detained or taken into custody by the requested Contracting Party.        2. Compensation for damage caused by unjustified detention and/or detention in the cases provided for in paragraph 1 of this Article shall be carried out in accordance with the legislation of the Contracting Parties and the conditions provided for in this Agreement.  

  Article 67 Transfer of a person  

     1. Upon receipt of the notification of the granting of the extradition request, the Contracting Parties shall agree on the time, place and procedure for the transfer of the requested person.        2. The procedure for the transfer of the requested person must include the preparation of a protocol on the transfer in two copies, signed by representatives of the judicial institutions of the requested and requesting Contracting Parties. If necessary, the powers of representatives of the requesting Contracting Party to obtain the required person may be confirmed by appropriate documents, according to a preliminary agreement between the Contracting Parties.        3. A person is accepted from the territory of the requested Contracting Party within such reasonable period of time as is determined by that Contracting Party. If a person is not accepted within a specified period of time, the requested Contracting Party may release that person and may refuse to extradite that person in connection with the offence.        4. If, due to circumstances beyond its control, one of the Contracting Parties is unable to transfer or accept the person to be extradited, it shall immediately notify the other Contracting Party accordingly. The requested and requesting Contracting Parties shall jointly determine the new deadline for transfer, and the provisions of paragraph 3 of this Article shall apply.  

  Article 68 Postponement of extradition or temporary transfer  

     1. If the person whose extradition is required is prosecuted 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.        2. If the delay in extradition or transfer provided for in paragraph 1 of this Article may lead to the expiration of the statute of limitations or cause serious damage to the investigation of the person whose extradition is required, the requested Contracting Party may, instead of postponing, transfer the requested person to the requesting Contracting Party for a time in accordance with conditions determined jointly by the requested and requesting Contracting Parties..        3. A person who has been temporarily extradited must be returned after the criminal case for which he was extradited has been carried out, but no later than three months later.  

  Article 69 Concurrent extradition requests  

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

  Article 70 Special rule  

     1. A person extradited in accordance with this Treaty shall not be subject to criminal prosecution, sentencing, or any restriction of personal freedom in the territory of the requesting Contracting Party for any crime committed by him prior to transfer, other than the crime for which he was extradited, unless he consents to do so. of the requested Contracting Party.        2. The provision of paragraph 1 of this article shall not apply if the extradited person had the opportunity to leave the territory of the requesting Contracting Party and did not do so within one month 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 Contracting Party, having previously left it.  

  Article 71 Re-extradition  

     If the extradited person returns to the territory of the requested Contracting Party before his final release in the territory of the requesting Contracting 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 Articles 60, 62 of this Treaty.  

  Article 72 Transfer of ownership  

     1. To the extent permitted by the legislation of the requested Contracting Party, and taking into account the rights of third parties, which are duly respected, all property found in the requested State that was acquired as a result of an extraditable offence or that may be required as evidence in a criminal case shall be transferred upon request of the requesting Contracting Party. Parties, if extradition is permitted.        2. The above-mentioned property, if requested by the requesting Contracting Party, may be transferred to that Contracting Party, even if for some reason the extradition of the person about whom an agreement has been reached cannot be carried out.        3. If the requested Contracting Party needs the said property as evidence in a criminal case, its transfer may be postponed until the end of the proceedings.        4. If the said property is subject to seizure or confiscation in the territory of the requested Contracting Party, that Contracting Party may detain it or transfer it temporarily.        5. If the legislation of the requested Contracting Party or the interests of protecting the rights of third Parties require this, any property transferred in this way shall be returned to the requested Contracting Party free of charge at the end of the court proceedings, if required by that Contracting Party.  

  Article 73 Transit transportation  

1. If a person is to be extradited to one Contracting Party from a third State through the territory of another Contracting Party, the Contracting Party that receives this person shall request permission from the other Contracting Party for the transit transportation of this person through its territory. This provision does not apply in the case of using air transport when there is no plan to land on the territory of another Contracting Party.        2. Upon receipt of such a request, which contains relevant information, the requested Contracting Party shall consider the request in accordance with the procedures provided for by its legislation and grant the request as soon as possible, unless it harms its fundamental interests. The competent judicial institutions of the Contracting Parties shall agree on the method, route and other conditions of transit in each individual case.        3. During transit, the transit State ensures the legal possibility of detaining the person being transported and provides the necessary assistance to representatives of the other Contracting Party accompanying the person being transported.        4. In the event of an unplanned landing of an aircraft, the Contracting Party over whose territory the flight is being conducted may, at the request of representatives of the other Contracting Party accompanying the person being transported, detain that person for 48 hours until receiving a request for transit transportation submitted in accordance with paragraph 1 of this Article. Such a request can be transmitted by technical means of text transmission, including telegraph, telex, fax, and e-mail.        5. The costs associated with transit transportation shall be borne by the requesting Contracting Party.  

  Article 74 Notification of the results of criminal proceedings  

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

  Part II Implementation of criminal prosecution  

  Article 75 Possibility of criminal prosecution  

     1. Each of the Contracting Parties may request the other Contracting Party to carry out criminal prosecution against a person suspected of committing a crime in accordance with the legislation of the requested Contracting Party, when there are no conditions allowing the extradition of this person, or if the interests of the administration of justice require it.        2. Each of the Contracting Parties may, at the request of the other Contracting Party, carry out criminal prosecution against its own citizens or other persons permanently residing in its territory when these persons are suspected of committing a crime in accordance with the legislation of the requested Contracting Party, if there are no conditions allowing the extradition of the person.  

  Article 76 Request for criminal prosecution and necessary documents  

     1. A request for criminal prosecution must be sent in writing and must contain: a) the name of the requesting judicial institution and the requested judicial institution competent to conduct an investigation or trial; b) a description of the act in connection with which the request for the transfer of criminal proceedings is being sent, including specific indications of the place and time of the crime committed; c) a statement of the results investigations substantiating suspicions of a crime;        d) sufficiently accurate information about the identity, nationality and place of residence of the suspect; e) information about the amount of damage caused by the crime.        2. The request for criminal prosecution must be accompanied by: a) the text of the provisions of the law of the requesting Contracting Party, on the basis of which the act is recognized as a crime, as well as, if necessary, the texts of other legislative norms relevant to the investigation.;        b) statements by victims in criminal cases initiated on the complaint of the victim, and statements for compensation for harm; c) any information that makes it possible to identify the suspect, including a description of his appearance, photographs and other images.        3. Each of the documents in the file must be certified with the stamp of the competent judicial institution of the requesting Contracting Party.        4. The request and the documents attached to it shall be executed in accordance with the provisions of article 17 of this Treaty.  

  Article 77 Attestation and authentication  

     With the exception of cases provided for by national legislation and this Treaty, unless the Contracting Parties have agreed otherwise, the documents attached to the request for criminal prosecution, as well as documents and other materials submitted in response to the request, do not require attestation or authentication.  

  Article 78 Notification of a request  

     The requested Contracting Party is obliged to notify the requesting Contracting Party of the final decision. At the request of the requesting Contracting Party, a copy of the final decision is sent.  

  Article 79 Grounds for granting a request  

     A request for criminal prosecution may be granted only if the act in connection with which the request is being sent would be considered a crime as if it had been committed in the territory of the requested Contracting Party.  

  Article 80 Grounds for refusal  

     1. If the requested Contracting Party refuses to accept the request for criminal prosecution, it shall inform the requesting Contracting Party of the reasons for the refusal.        2. A request for criminal prosecution may be refused if: (a) the suspected person is not a national of the requested Contracting Party or that Contracting Party is not a State in whose territory that person permanently resides.;        b) the crime in connection with which the request is being sent is not an extraditable crime.  

  Article 81 Impossibility of criminal prosecution  

     A request for criminal prosecution is not carried out if a sentence has been passed on the territory of the requested Contracting Party against the person whose prosecution is required, which has entered into legal force or another final decision on the case, and the requesting Contracting Party is notified. In this case, the judicial institutions of the requesting Contracting Party may not initiate criminal proceedings, and the proceedings initiated by them are subject to termination.  

  Article 82 The position of the suspect  

     A suspected person, a legal representative or close relatives of a suspect may declare to either of the Contracting Parties their interest in transferring criminal proceedings, except in cases where this suspected person is hiding from justice or obstructing his administration in any other way.  

  Article 83 Rights of the victim  

     When transferring legal proceedings, the requesting and requested Contracting Parties shall ensure that the rights of a person who is a victim of a crime, in particular his right to compensation for damage, are not violated as a result of the transfer. If the civil claim has not been satisfied before the transfer of the proceedings, the requested Contracting Party shall grant permission to file a claim in the transferred proceedings. In case of death of the victim, this provision applies to his dependents.  

  Article 84 Consequences of the transfer of legal proceedings for the requesting Contracting Party  

     Upon acceptance by the requested Contracting Party of a request for criminal prosecution of a suspected person, the requesting Contracting Party shall suspend criminal prosecution, except for the necessary investigation, including the provision of legal assistance to the requested Contracting Party, until the requested Contracting Party notifies the requesting Contracting Party of the final decision in the case. Upon notification, the requesting Contracting Party shall terminate the criminal prosecution in connection with the same offence.  

  Article 85 Consequences of the transfer of legal proceedings for the requested Contracting Party  

     1. Legal proceedings transferred by agreement shall be governed by the legislation of the requested Contracting Party. Upon indictment of a suspect, in accordance with its legislation, the judicial institution of the requested Contracting Party makes the necessary amendments concerning specific elements of the corpus delicti. The penalty imposed in that State should not be more severe than that provided for by the legislation of the requesting Contracting Party.        2. Any action in connection with judicial proceedings or procedural requirements performed in the territory of the requesting Contracting Party in accordance with its legislation, insofar as such action is compatible with the legislation of the requested Contracting Party, has the same legal effect in the territory of the requested Contracting Party as it would have if it had been performed in that State or by the judicial institutions of that State. states.        3. The requested Contracting Party shall notify the requesting Contracting Party of the decision taken as a result of the judicial proceedings on the request for criminal prosecution. For this purpose, a copy of any final decision is provided upon her request.  

  Article 86 Mitigating and aggravating circumstances  

In carrying out criminal prosecution, including judicial proceedings, each of the Contracting Parties shall take into account circumstances mitigating and aggravating liability provided for by the legislation of the Contracting Parties, regardless of which Contracting Party they originated in.  

  Article 87 Interim measures  

     When the requesting Contracting Party announces its intention to send a request for criminal prosecution, the requested Contracting Party, upon receipt of a special request sent for this purpose by the requesting Contracting Party, may apply all temporary measures, including pre-trial detention, that could be applied in accordance with the legislation of the requested Contracting Party, if the crime, in connection with to whom the request for criminal prosecution was sent, it was committed on its territory.  

  Part III Special provisions on legal assistance and legal relations in criminal matters  

  Article 88 Transfer of persons in custody to give evidence or assist in the investigation  

     1. The Contracting Parties may, in accordance with their legislation and with the consent of persons in custody, temporarily transfer them to each other for testimony or assistance in conducting an investigation, if requested.        2. The transfer of persons provided for in paragraph 1 of this Article may be carried out for a period agreed upon jointly by the Contracting Parties, but not more than one month, and in exceptional cases - not more than two months.        3. If, in accordance with the legislation of the requested Contracting Party, the transferred person must be held in custody, the requesting Contracting Party shall hold that person in custody and return him to the requested Contracting Party after the completion of the judicial proceedings in connection with which the request for his transfer was submitted, subject to the time limits provided for in paragraph 2 of this Article, or even earlier if there is no need for his further stay in the territory of the requesting Contracting Party.  

  Article 89 Time limits for the temporary transfer of a person whose extradition is required  

     1. The time limits for the temporary transfer of a person whose extradition is required in accordance with Article 68 of this Treaty shall be determined jointly by the Contracting Parties, based on the interests of the administration of justice and taking into account the maximum periods of detention permitted by the legislation of the Contracting Parties.        2. In the cases provided for in article 68 of this Treaty and paragraph 1 of this article, the time limits for the detention of a person who is being extradited must be taken into account separately for each criminal case, in accordance with the legislation of the requesting and requested Contracting Parties, respectively.  

  Article 90 Search and seizure  

     The requested Contracting Party, to the extent permitted by its legislation, executes requests for the search, seizure and transfer to the requesting Contracting Party of objects and documents for use as evidence in a criminal case, subject to the conditions provided for in Article 72 of this Treaty.  

  Article 91 Proceeds of crime  

     The Contracting Parties shall assist each other in the detection, seizure and confiscation of proceeds of crime. For the purposes of this Agreement, "proceeds of crime" means any property suspected or established by a court, obtained or sold directly or indirectly as a result of the commission of a crime or representing the value of property or other benefits obtained as a result of the commission of a crime.  

  Article 92 Provision of assistance related to proceeds of crime  

     1. The requesting Contracting Party, when sending a request for assistance to the requested Contracting Party regarding proceeds of crime, shall notify the reasons why it considers that such proceeds may be located within the jurisdiction of the requested Contracting Party.        2. Upon receiving the request sent in accordance with paragraph 1 of this Article, the requested Contracting Party shall take the necessary measures to establish whether any proceeds of crime are located within its jurisdiction and notify the requesting Contracting Party of the results of the investigation.        3. If any proceeds of crime are located within the jurisdiction of the requested Contracting Party, it shall take the necessary measures to locate assets, investigate financial transactions, and obtain other information or evidence that may help ensure the seizure of proceeds of crime.        4. In the event of the discovery of alleged proceeds of crime, the requested Contracting Party, upon request, shall take measures permitted by its legislation in order to prevent any transactions, transfer or use of these proceeds of the alleged crime until the court of the requesting Contracting Party makes a final decision regarding these proceeds.        5. Within the limits established by the legislation of the requested Contracting Party, it shall enforce or authorize the execution of the final decision of the requesting Contracting Party on the seizure or confiscation of proceeds of crime, or take other appropriate measures to obtain these proceeds in accordance with the request of the requesting Contracting Party.        6. When applying this article, the Contracting Parties shall ensure respect for the rights of bona fide third parties, and the transfer of proceeds of crime shall be carried out in compliance with the conditions provided for in Article 72 of this Treaty.    

  Article 93 Controlled deliveries  

     1. The Contracting Parties shall take, within the framework of their legislation and their capabilities, the necessary measures providing for the proper use of the method of controlled supply of prohibited items, means or substances on the basis of mutually acceptable arrangements, including agreements and arrangements with any third party, in order to identify persons involved in the illicit trafficking of items, means or substances prohibited for treatment, and their criminal prosecution.        2. Decisions on the use of the controlled delivery method are made by the competent authorities of the Contracting Parties in each individual case, with due regard to the degree of possible danger to human life and health, the environment, rights and legally protected interests, and may, if necessary, take into account financial agreements and mutual understanding regarding jurisdiction reached by the Contracting Parties.        3. Illegal shipments of items, means or substances prohibited for circulation, controlled deliveries of which are carried out in accordance with the agreements reached, including with the participation of any third party, may be used for further transportation with preservation or seizure, or full or partial replacement of such items, means or substances, taking into account the degree of their possible danger. for the life and health of people and the environment.  

  Article 94 Procedure for the consideration of cases within the jurisdiction of the courts of the requested and requesting Contracting Parties  

      When persons or a group of persons are accused of committing several crimes, the cases of which are within the jurisdiction of the courts of the requested and requesting Contracting Parties, the court of the Contracting Party in whose territory the preliminary investigation has been completed is competent to consider them. In this case, the cases are considered according to the rules of the judicial procedure of this Contracting Party.    

  Article 95 Notification of convictions and information on criminal record  

     1. The Contracting Parties undertake to inform each other about the final convictions handed down by their courts against citizens of the other Contracting Party, at the same time sending the available photographs and fingerprints of the convicted persons.        2. Upon request, the Contracting Parties will provide each other with information on the criminal record of persons previously convicted by their courts, if these persons are being prosecuted in the territory of the requesting Contracting Party.  

  Article 96 Confidentiality  

     If requested to do so: a) the requested Contracting Party shall take the necessary measures to keep secret the request for assistance, the content of the request and supporting documents, as well as the fact of providing such assistance. If this request cannot be granted without violating confidentiality, the requested Contracting Party shall inform the requesting Contracting Party, which shall subsequently determine whether, nevertheless, to request that the request be granted.;        b) the requesting Contracting Party shall keep secret the certificates and information provided by the requested Contracting Party, except in cases where these certificates and information are required for the investigation and judicial proceedings specified in the request.  

  Article 97 Restriction on use  

      The requesting Contracting Party, without the consent of the requested Contracting Party, shall not use or transmit information or evidence provided by the requested Contracting Party for investigations or judicial proceedings other than those specified in the request for assistance. However, in the event of a change in the charge, the provided material may be used to the extent that the crime, according to the charge, constitutes such a crime, in respect of which mutual assistance may be provided in accordance with this Agreement.  

Article 98 Protection of witnesses, victims and other participants in criminal proceedings  

      The Contracting Parties, if necessary, shall take measures provided for by their legislation to protect witnesses, victims and other participants in criminal proceedings in cases of crimes in which they are conducting a joint investigation, as well as when considering such cases in courts, when the interests of justice require it.  

  Article 99 Expenses related to transportation  

     The costs associated with transportation during the temporary transfer of persons in custody to testify or assist in the investigation provided for in Article 88 of this Treaty, including the costs of transit transportation of these persons through the territory of third States, shall be borne by the requesting Contracting Party.  

  Article 100 Search for missing persons  

     1. The Contracting Parties shall, upon request, search for missing persons if there are grounds to believe that such persons may be present in the territory of the requested Contracting Party.        2. A request for missing persons shall be drawn up in accordance with the provisions of articles 7 and 17 of this Treaty and shall contain as complete a description as possible of the identity of the person sought, along with any other information that may help establish his whereabouts.        3. The request for a missing person's search must be accompanied, if any, by photographs or other graphic images, dental records, fingerprints of the wanted person, as well as other documents or copies thereof that may be required.  

  Article 101 The presence of representatives of the Contracting Parties when providing legal assistance in criminal matters  

     Representatives of the institutions of justice of one of the Contracting Parties may, with the consent of the other Contracting Party, be present at the execution of requests for legal assistance in criminal matters by the institutions of justice of this Contracting Party.  

  Article 102 Armed escort of extradited persons  

     1. The Contracting Parties have agreed that, in order to ensure security during the removal from their territories of persons whose extradition or transfer is authorized and persons transferred to assist in investigations, such persons may be accompanied by armed representatives of the competent judicial institutions of the requesting Contracting Party. The requested Contracting Party shall be notified of this in advance by the other Contracting Party.        2. In the cases provided for in paragraph 1 of this Article, representatives of the competent judicial institutions of the requesting Contracting Party shall be subject to the legal status of law enforcement officers of the requested Contracting Party during the performance of their official duties. In accordance with this, they enjoy the legal protection of the host State and their own State, have personal inviolability, the right to keep and carry weapons, as well as the use of service firearms, special means in cases established by the legislation of the Contracting Parties and perform their functions in accordance with the regulations of the host State.        3. In investigating cases of crimes committed by representatives of the competent judicial institutions referred to in paragraph 2 of this Article, the Contracting Party of which they are nationals shall provide the necessary assistance and assistance to the other Contracting Party. The criminal prosecution of persons who have committed a crime in such cases may, upon request, be transferred to the Contracting Party of which they are nationals, in accordance with the legislation of the Contracting Parties and the provisions of this Treaty.        4. Service firearms, ammunition for them, special equipment and personal protective equipment of representatives of competent judicial institutions in the cases provided for in paragraph 1 of this Article, are allowed to enter the territory of the requested Contracting Party on special lists (passes), the form and content of which must be agreed by both Contracting Parties, and are subject to mandatory export back. The export of weapons, ammunition, special equipment and personal protective equipment is carried out on the basis of the aforementioned lists (passes) certified by the customs authorities upon entry of representatives of competent judicial institutions into the territory of the requested Contracting Party.        5. The provisions of this Article shall apply to cases of transit through the territories of the Contracting Parties of persons extradited to the Contracting Parties by third States. In the case provided for in paragraph 4 of Article 73 of this Treaty, the presence of firearms, ammunition, special equipment and personal protective equipment by representatives of the Contracting Party accompanying the person being transported shall be reported in the request for transit transportation submitted in accordance with paragraphs 1 and 4 of Article 73 of this Treaty. Prior to receiving such a request, weapons, ammunition, special equipment and personal protective equipment must be deposited with the competent institutions of the requested Contracting Party, while the conditions for their storage are specified.  

  Article 103 Procedure for communication on assistance in criminal matters  

     The relations on extradition and criminal prosecution are carried out by the General Prosecutors (prosecutors) Of the Contracting Parties.        Communication on the execution of procedural and other actions requiring the approval of the prosecutor (court) is carried out by the prosecutor's office in accordance with the procedure established by the General prosecutors (prosecutors) Of the Contracting Parties.  

  Section V Final provisions  

    Article 104 Issues of application of this Treaty  

     1. The issues arising from the application of this Agreement shall be resolved by the competent judicial institutions by mutual agreement. If necessary, a joint commission may be formed from representatives of the relevant government agencies of the Contracting Parties in order to resolve the differences that have arisen.        2. The central bodies of the justice institutions of the Contracting Parties may conclude interdepartmental agreements on the implementation of the provisions of this Treaty.  

  Article 105 Relation to other international treaties  

     This Treaty does not affect the provisions of other international treaties to which the Contracting Parties are parties.  

  Article 106 Introduction of additions and amendments  

     Additions and amendments may be made to this Agreement by mutual agreement of both Contracting Parties, which enter into force in accordance with the conditions provided for in Article 107 of this Agreement.  

  Article 107 Entry into force  

     This Treaty is subject to ratification and will enter into force on the thirtieth day after the date of the exchange of instruments of ratification.  

  Article 108 Period of validity  

     This Agreement will be valid for five years from the date of entry into force and its validity period is automatically extended for subsequent five-year periods, unless one of the Contracting Parties sends a written notification to the other Contracting Party of its desire to terminate it. The Agreement shall expire after six months from the date of receipt by the other Contracting Party of such notification.  

  Article 109 Action in time  

       This Agreement also applies to legal relations that arose before its entry into force.          Done in Almaty on June 2, 1997, in two original copies, each in the Kazakh, Uzbek and Russian languages, all texts being equally authentic. For the purposes of interpretation of this Agreement, the text in Russian is used.  

President    

Republic of Kazakhstan     

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