On approval of the agreement between the Republic of Kazakhstan and the Republic of Azerbaijan on the transfer of persons sentenced to imprisonment for further serving of sentences

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Law of the Republic of Kazakhstan dated December 30, 1999 No. 34-II

To approve the agreement between the Republic of Kazakhstan and the Republic of Azerbaijan on the transfer of persons sentenced to imprisonment for further serving their sentences, concluded in Almaty on June 10, 1997.

President Of The Republic Of Kazakhstan

Agreement between the Republic of Kazakhstan and the Republic of Azerbaijan on the transfer of persons sentenced to imprisonment for further serving of sentences

(Bulletin of international treaties of the Republic of Kazakhstan, 2001, No. 4, Article 32) (entered into force on May 7, 1999 - "Bulletin of diplomacy", Special Issue No. 2, September 2000, page 92)

The Republic of Kazakhstan and the Republic of Azerbaijan, hereinafter referred to as the "contracting parties", - based on the principles of state sovereignty, equal legal and mutual respect - based on the norms of international law and wishing to develop interstate cooperation in the field of criminal proceedings, - taking into account that the serving of sentences of convicted persons in the states of which they are citizens is more effective for the purpose of punishment and contributes to the involvement of the offender in normal public life, - following the principles of morality and respect for Human Rights, the following agreement was reached:

Article 1

To achieve the objectives of this Agreement, the following terms mean: 1. "sentencing state" - the conciliatory Party whose court has issued a sentence of deprivation of Liberty; 2. "sentencing state" - the conciliatory party to which a person who is its citizen is transferred, convicted to serve a sentence of imprisonment; 3. "convict" - a person sentenced to imprisonment for crimes committed by the court of one of the conciliatory parties; 4. "close relatives "-persons with close relatives (mother, father, husband, wife, children, native brothers and sisters, grandchildren, grandparents, adoptive parents, adoptive parents); 5." competent authorities "-bodies of the contracting parties executing decisions on the transfer of convicted persons; 6." central authorities " - state bodies that make decisions on the transfer of persons sentenced to imprisonment for the upcoming serving of sentences in accordance with the national legislation of the Contracting Parties.  Warning. Article 1 as amended by the law of the Republic of Kazakhstan dated 26.12.2013 No. 155 - V.

Article 2

On the issues of this Agreement, the competent authorities of the contracting parties communicate through the central authorities.

Article 3

In accordance with the terms of this Agreement, the Contracting Parties undertake, at the request of each other, to transfer to the executing state a defendant serving a sentence in places of deprivation of liberty for crimes committed in the territory of the sentencing state and who is a citizen of the next contracting party for serving his sentence.

Article 4

1. The defendant is transferred in accordance with this agreement only in the following cases: 1) if the defendant is a citizen of the state executing the sentence; 2) if the sentence has entered into legal force; 3) if at the time of the requested time the defendant still has to serve a sentence of at least 12 months; 4) if the defendant agrees to the transfer or, taking into account his age, health or mental state, ; 5) an act for which a sentence has been committed is a crime under the law of the state executing the sentence; 6) compensation for material damage caused in connection with the crime; 7) if the sentencing state and the states executing the sentence agree to hand over the convicted person. 2.the possibility of transfer and its legal consequences must be explained to the convicted person and his legal representative by an official in the body of the Department of the Penal correction system of the sentencing state. 3. In exceptional cases, the contracting parties may conclude an agreement on the transfer of the defendant, even if the term of serving the sentence remains less than 12 months, and the material damage caused in connection with the crime is not fully compensated.

Article 5

The defendant shall not be handed over in the following cases: 1) if the Contracting Party, of which the defendant is a citizen, is unable to fulfill the punishment due to the expiration of the term of criminal prosecution under the law of this Contracting Party; 2) if the requesting Contracting Party has not fully fulfilled the parties to Article 8 of this Agreement.

Article 6

The Contracting Parties undertake the following obligations: 1) to inform in writing through the central authorities that the person of the opposing Contracting Party has been sentenced to imprisonment, as well as where he is; 2) to give explanations to the convicts, their legal representatives and close relatives, to the state of which they are citizens, to apply to the competent authorities of any Contracting Parties

Article 7

The transfer of the defendant to serve the sentence is carried out on the proposal of the contracting party, whose court sentenced him, if the Contracting Party, of which the defendant is a citizen, agrees to accept the court sentence in order to execute it in compliance with the terms of this Agreement.

Article 8

1. A request for the transfer of a defendant shall be drawn up in writing, which shall include information about the defendant's identity (surname, first name, patronymic, year, month, birthday, Place of birth) and to which the competent authority of the sentencing State shall attach: 1) a document confirming the defendant's nationality; 2) a document certifying the defendant's identity. on the basis of which the convicted person was convicted of the text of the articles of the law; 3) a written statement by the defendant about his consent to surrender, or his next of kin or legal representative in the cases provided for in paragraph 1 of Article 4 of this Agreement.;  4) copies of the court's verdict and the decision of higher judicial authorities on the case, documents on the entry into force of the sentence; 5) documents on the term of the sentence served and the term of the sentence to be served again; 6) a document on its execution if an additional penalty is established; 7) information on material damage and the order of its repayment; 8) copies of other documents may be registered by mutual agreement of the competent authorities.  2.all these documents must be signed and certified with a coat of arms seal.

Article 9

The sentencing state, a person who has given his consent to surrender in accordance with subparagraph 4 of Paragraph 1 of Article 4 of this Agreement, shall ensure that he does so voluntarily and with full understanding of the legal consequences of the agreement.

Article 10

1.the decision on the received request for consent or refusal to transfer shall be made by the Contracting Parties no later than one month from the date of receipt of the documents specified in Paragraph 1 of Article 8 of this Agreement. The decision made is declared in writing to the contracting parties requesting it and to the person being requested or to the person writing the application for surrender.  2.the decision to refuse to transfer the convicted person must be reasoned.

Article 11

The place and procedure for transferring the convicted person is approved by the bodies of the Contracting Parties carrying out the punishment.

Article 12

In addition to the costs incurred on the territory of the state that issued the sentence, all costs associated with the transfer of convicts are borne by the state that carries out the sentence.

Article 13

1.a convicted person shall be served the established punishment on the basis of the sentencing court of the sentencing state.  2.the state carrying out the sentence shall ensure the continuation of serving the sentence in accordance with its laws, without complicating the situation of the convicted person. Issues of the other Contracting Party related to the implementation of the sentence are determined by the laws of each of the Contracting Parties.  3.the competent court of the state executing the sentence shall, on the basis of the sentence issued, make a decision on its recognition and execution. 4. If, according to the laws of the State carrying out the sentence, the maximum term of imprisonment for a certain act is less than the period established by the sentence, the court of the state carrying out the sentence establishes the maximum term of imprisonment, as provided for by the laws of this state. 5.if the sentence is related to two or more acts and one or more of them are not considered a crime in the State carrying out the sentence, the court of that state determines what part of the punishment is applied to the Act subject to the crime. 6. The decision on the execution of an additional penalty, if the laws of that state impose a penalty for such an act, is made by the court of the state executing the sentence.

Article 14

Pardon or amnesty for a convicted person who has been handed over shall be applied in accordance with the laws of the State carrying out the sentence.

Article 15

Only the issuing state has the right to consider the validity of the sentence, depending on the convicted person handed over.

Article 16

1.in case of reconsideration of a sentence, the issuing state sends a certified copy of the court decision to terminate or change the sentence to the executing state. 2. If, after the transfer of a convicted person to serve a sentence, the sentence is violated in the state of sentencing and a new investigation or judicial review is provided, a copy of the decision on this, materials of the criminal case and other materials based on the results of conducting necessary cases, which are possible in the absence of the convicted person, all materials on criminal cases are translated into Russian and sent to the state carrying out the sentence for criminal prosecution under the laws of this state. 3. In case of termination of a criminal case based on the results of an additional investigation on the grounds of acquittal, or if the court issues an acquittal, the damage caused to a person unreasonably brought to criminal responsibility is returned by the sentencing state. 4.after the transfer of a convicted person to serve a sentence, if the sentence is violated by the issuing state, a copy of the decision on this and other necessary documents shall be sent to the Competent Authority of the executing State. The court of the state executing the sentence shall decide on the execution of this decision in accordance with the procedure provided for in Article 13 of this Agreement.

Article 17

1.the legal consequences of the conviction, which depend on the person transferred to the state carrying out the sentence for serving the sentence, also depend on the persons convicted in the territory of this state for committing such an act.  2.a person transferred to execute a sentence issued by a court of the other Contracting Party may not be brought to criminal liability again in connection with the same act in which the sentence entered into legal force in the territory of the state carrying out the sentence.

Article 18

1. Each Contracting Party may, in accordance with its legislation, grant an application for transit transportation of a convicted person on its territory if the other Contracting Party makes such an application and that Contracting Party agrees with a third State to transfer such a person to or from its territory.  2. The costs associated with the transit transportation of a convicted person shall be borne by the Contracting Party that applied for such transportation.

Article 19

The issues arising from the application of this Treaty shall be resolved by the central authorities of the Contracting Parties.

Article 20

1.when executing this Agreement, the contracting parties use their state language or Russian.  2.certified translations in Russian are additionally attached to the documents of the contracting parties prepared in the state languages.

Article 21

The provisions of this treaty do not infringe on the rights and obligations arising from the participation of the Contracting Parties in other international treaties.

Article 22

This agreement also applies to persons convicted by the courts of the contracting parties prior to the entry into force of this Agreement.

Article 23

1.this Agreement shall be subject to ratification and shall enter into force 30 days after the exchange of ratification certificates by the Contracting Parties. 2.the contract is concluded for an indefinite period.  3.this Agreement shall cease to operate after six months from the date of receipt by one of the Contracting Parties of the written statement of the next Contracting Party on termination of the agreement.

On June 10, 1997, in Almaty, in two copies, each in Kazakh, Azerbaijani and Russian, all texts are equally valid.

The text of this agreement in the event of disagreements during the discussion, the Contracting Party relies on the text written in Russian.

The Republic of Kazakhstan for the Republic of Azerbaijan

President

Republic of Kazakhstan

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