On the Ratification of the Treaty between the Republic of Kazakhstan and the Republic of Lithuania on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters and the Protocol to the Treaty between the Republic of Kazakhstan and the Republic of Lithuania on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters

Home / RLA / On the Ratification of the Treaty between the Republic of Kazakhstan and the Republic of Lithuania on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters and the Protocol to the Treaty between the Republic of Kazakhstan and the Republic of Lithuania on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters

On the Ratification of the Treaty between the Republic of Kazakhstan and the Republic of Lithuania on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters and the Protocol to the Treaty between the Republic of Kazakhstan and the Republic of Lithuania on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters

The Law of the Republic of Kazakhstan dated November 9, 1998 No. 292.

To ratify the Treaty between the Republic of Kazakhstan and the Republic of Lithuania on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed in Vilnius on August 9, 1994, and the Protocol to the Treaty between the Republic of Kazakhstan and the Republic of Lithuania on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed in Almaty on March 7, 1997 of the year.

President

Republic of Kazakhstan

Agreement* between the Republic of Kazakhstan and the Republic of Lithuania on Legal Assistance and Legal relations in Civil, Family and Criminal Matters

*(Entered into force on April 8, 1999 - J. "Diplomatic Courier",

special issue No. 2, September 2000, p. 173)

The Republic of Kazakhstan and the Republic of Lithuania (hereinafter referred to as the "Contracting Parties"),

based on the principles of the Agreement between the Republic of Kazakhstan and the Republic of Lithuania on Mutual Understanding and Cooperation,

Attaching great importance to the development of cooperation in the field of legal assistance in civil, family and criminal matters,

We have agreed on the following:

Part One General provisions

Article 1 Legal protection

1. Citizens of one Contracting Party shall enjoy in the territory of the other Contracting Party, in respect of their personal and property rights, the same legal protection as citizens of that Contracting Party.

This also applies to legal entities that are established in accordance with the legislation of one of the Contracting Parties.

2. Citizens of one Contracting Party have the right to apply freely and without hindrance to the courts, the prosecutor's office, notary offices (hereinafter referred to as "judicial institutions") and other institutions of the other Contracting Party, whose competence includes civil, family and criminal cases, may appear in them, initiate petitions, file lawsuits and carry out other actions. on the same terms as our own citizens.

Article 2 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 whose competence includes the cases referred to in paragraph 1.

3. Other institutions responsible for the cases referred to in paragraph 1 shall send requests for legal assistance through judicial institutions.

Article 3 Scope of legal assistance

Legal assistance covers the performance of all procedural actions provided for by the legislation of the requested Contracting Party, in particular, the interrogation of the parties, the accused and defendants, witnesses, experts, conducting examinations, judicial examination, transfer of material evidence, initiation and transfer of criminal prosecution and extradition of persons who have committed crimes, recognition and enforcement of judgments in civil cases, service and forwarding documents, providing information on the criminal record of the accused at the request of the other Party.

Article 4 Procedure of communication

When providing legal assistance, the institutions of the Contracting Parties communicate with each other through the central authorities. The Contracting Parties shall immediately notify each other through diplomatic channels of the designated central authorities, their functions and contact details.

The footnote. Article 4 – as amended by the Law of the Republic of Kazakhstan dated 04/01/2024 No. 69-VIII.

Article 5 Language

1. Requests for legal assistance shall be made in the language of the requesting Contracting Party and accompanied by certified copies of the translation into the language of the other Contracting Party or Russian.

2. The translation is certified by an official translator, or a notary, or an official of the requesting organization, or a diplomatic mission, or a consular institution of the requesting Contracting Party.

Article 6 Registration of documents

Documents sent by justice institutions and other institutions in order to provide legal assistance must be signed and stamped with the state emblem.

Article 7 Form of application for legal assistance

Requests for legal assistance must specify:

1) the name of the requesting institution;

2) the name of the requested institution;

3) the name of the case in which legal assistance is requested;

4) the names and surnames of the parties, the accused, the defendants, the convicted, the victims, their nationality, occupation and permanent residence, date and place of birth or place of residence, addresses and names of legal entities;

5) the names and addresses of their authorized representatives;

6) the content of the petition, and in criminal cases also a description of the actual circumstances of the crime committed and its legal qualification.

Article 8 Execution procedure

1. When executing a request for legal assistance, the judicial institution to which the request is addressed applies the legislation of its State. However, at the request of the institution from which the application originates, it may apply the procedural rules of the Contracting Party from which the application originates, since they do not contradict the legislation of its State.

2. If the judicial institution to which the request is addressed is not competent to execute it, it shall forward the request to the competent judicial institution and notify the institution from which the request originates.

3. In case of receipt of the relevant petition, the judicial institution to which the petition is addressed shall notify the institution from which the petition originates of the time and place of execution of the petition.

4. After completing the application, the judicial institution to which the application is addressed sends the documents to the institution from which the application originates; in the event that legal assistance could not be provided, it returns the application and notifies of the circumstances that prevent its execution.

Article 9 Procedure for handing over documents

1. The requested institution shall deliver documents in accordance with the rules in force in its State, if the documents being served are drawn up in its language or provided with a certified translation. In cases where the documents are not written in the language of the requested Contracting Party or are not provided with a translation, they are handed over to the recipient if he agrees to accept them voluntarily.

2. The exact address of the recipient and the name of the document to be served must be indicated in the request for delivery. If the address indicated in the request for delivery turns out to be incomplete or inaccurate, the requested institution, in accordance with its legislation, takes measures to establish the exact address.

Article 10 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 indicate the time and place of delivery, as well as the person to whom the document was delivered.

Article 11The submission of documents and the interrogation of citizens through diplomatic missions or consular offices

The Contracting Parties have the right to hand over documents and interrogate their own citizens through their diplomatic missions or consular offices. However, no coercive measures may be applied.

Article 12 Summoning a witness or expert abroad

1. If, during the preliminary investigation or judicial review in the territory of one Contracting Party, it becomes necessary for the personal appearance of a witness, victim, civil plaintiff and defendant, their representatives or an expert located in the territory of the other Contracting Party, then you should contact the relevant authority of that Party with an order to serve a summons.

2. The summons may not contain a sanction in case of non-appearance of the person being summoned.

3. Persons referred to in the first paragraph of this Article, who, regardless of their nationality, have been summoned to the relevant authority of another Contracting Party, may not be held criminally or administratively liable, detained or punished in the territory of that Party in connection with any act committed before crossing its state border.. Such persons may also not be held criminally or administratively liable, detained or punished in connection with their testimony or expert opinions or with an act that is the subject of the proceedings.

4. This privilege is not enjoyed by a witness or expert if he does not leave the territory of the requesting Contracting Party within 15 days from the date of notification that his presence is not necessary. This period does not include the time during which the witness or expert could not leave the territory of the requesting Contracting Party due to circumstances beyond his control.

5. Witnesses and experts who have appeared on a call to the territory of another Contracting Party have the right to be reimbursed by the authority that summoned them for expenses related to travel and stay abroad, as well as for compensation for unpaid wages for days of absence from work; experts, in addition, have the right to remuneration for conducting an expert examination. The summons must specify which types of payments the summoned persons are entitled to; upon their request, the Contracting Party from which the summons originates pays an advance to cover the relevant costs.

Article 13 Validity of documents

1. Documents that have been drawn up or attested in the territory of one of the Contracting Parties by a court or an official (permanent translator, expert, etc.) 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 other certificate.

2. Documents that are considered official in the territory of one Contracting Party shall also enjoy the evidentiary value of official documents in the territory of the other Contracting Party.

Article 14 Expenses related to the provision of legal assistance

1. The Contracting Party to which the application is addressed will not claim reimbursement of the costs of providing legal assistance. The Contracting Parties themselves shall bear all costs incurred in providing legal assistance on their territory.

2. The institution of justice to which the petition is addressed will notify the institution from which it originates of the amount of expenses. If the institution from which the application originates collects these costs from the person who is obliged to reimburse them, the collected amounts will be transferred to the benefit of the Contracting Party that collected them.

Article 15 Provision of information

The Ministry of Justice and the Prosecutor General's Office of the Republic of Kazakhstan and the Ministry of Justice and the Prosecutor General's Office of the Republic of Lithuania provide each other, upon request, with information on legislation in force or in force in their Countries and on issues of its application by judicial institutions.

Article 16 Free legal protection

Citizens of one Contracting Party in the courts and other institutions of the other Contracting Party are provided with free legal assistance and free legal proceedings on the same grounds and with the same benefits as their own citizens.

Article 17

Forwarding of civil status certificates

status and other documents

The Contracting Parties undertake to send to each other, upon request, in a diplomatic manner, without translation and free of charge, certificates of civil registration and other documents (on education, on work, etc.) that relate to the personal rights and property interests of citizens of the other Contracting Party.

Article 18 Refusal of legal aid

Legal assistance is not provided if its provision may prejudice the sovereignty or security or contradicts the legislation of the requested Contracting Party.

Part two Special provisions Section 1 Legal assistance and legal relations in civil and family matters

Article 19 Exemption from court costs

Citizens of one Contracting Party are granted exemption from paying court costs in the territory of the other Contracting Party on the same grounds and to the same extent as citizens of that State.

Article 20 Issuance of documents on personal, family and property status

1. A document on the personal, family and property status required to obtain a permit for exemption from payment of court costs is issued by the competent authority of the Contracting Party in whose territory the applicant has his residence or domicile.

2. If the applicant does not have his place of residence or domicile in the territory of the Contracting Parties, a document issued or certified by the diplomatic mission or consular institution of his State is sufficient.

3. The court making a decision on the application for exemption from payment of court costs may request the body that issued the document for additional clarification.

Article 21 Jurisdiction of the courts

1. Unless this Agreement provides otherwise, the courts of each of the Contracting Parties are competent to consider civil and family cases if the defendant has his place of residence in its territory. They are competent in claims against legal entities if there is a management body, representative office or branch of the legal entity in the territory of this Party.

2. The courts of the Contracting Parties also consider cases in other cases, if there is a written agreement of the parties to this effect. In the presence of such an agreement, the court shall terminate the proceedings on the defendant's application, if such a statement is made before submitting objections on the merits of the claim. The exclusive jurisdiction of the courts cannot be changed by agreement of the parties.

3. If proceedings are initiated between the same parties on the same subject and on the same grounds in the courts of both Contracting Parties competent in accordance with this Treaty, the court that initiated the case later shall terminate the proceedings.

Article 22 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 status of a legal entity is determined by the law of the Contracting Party in whose territory it is established.

Article 23 Deprivation of legal capacity

1. Upon deprivation of legal capacity, the legislation of the Contracting Party of which the person who is to be recognized as legally incompetent is applied.

2. If an institution of one of the Contracting Parties determines that there are grounds for the deprivation of legal capacity of a citizen of the other Contracting Party whose domicile or residence is located in the territory of that Contracting Party, it shall notify the relevant institution of the other Contracting Party accordingly. If the institution notified in this way declares that it grants the right to perform further actions to the institution of the person's place of residence or residence, or does not speak out within three months, the institution of the person's place of residence or residence may conduct proceedings to deprive him of legal capacity in accordance with the laws of its State, if the reason for the deprivation of legal capacity is also provided for by the laws of that Contracting Party. The Party of which this person is a national. The decision on the deprivation of legal capacity must be sent to the relevant institution of the other Contracting Party.

3. The provisions of paragraphs 1 and 2 of this article shall also apply to the cancellation of the deprivation of legal capacity.

4. In urgent cases, the institution of residence or domicile of a person who is subject to deprivation of legal capacity and is a citizen of another Contracting Party may itself take the necessary measures to protect that person or his property. The orders adopted in connection with these measures should be sent to the appropriate institution of the Contracting Party of which the person is a national, these orders are subject to cancellation, if this Contracting Party decides otherwise.

Article 24 Recognition of missing persons, declaration of deceased and establishment of the fact of death

1. The institutions of the Contracting Party of which the person was a national at the time when, according to the latest information, he was alive are competent in cases of recognition as missing and declaring dead or establishing the fact of death.

2. Institutions of one Contracting Party may recognize a citizen of the other Contracting Party as missing or deceased, as well as establish the fact of his death at the request of persons residing in its territory, if their rights and interests are based on the legislation of that Contracting Party.

3. In the cases provided for in paragraphs 1 and 2 of this Article, the institutions of the Contracting Parties shall apply the legislation of their State.

Article 25 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. In addition, the requirements of the legislation of the Contracting Party in whose territory the marriage is concluded with respect to obstacles to marriage 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 26 Personal and property 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 permanent 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 permanent residence.

4. If the persons referred to in paragraph 3 of this Article did not have permanent residence in the territories of the Contracting Parties, the legislation of the Contracting Party whose institution is considering the case shall apply.

Article 27 Annulment of marriage and annulment of marriage

1. In cases of divorce, the legislation of the Contracting Party of which the spouses were citizens at the time of filing the application is applied. If the spouses have their place of residence in the territory of another Contracting Party, the institutions of that Contracting Party are also competent.

2. If, at the time of filing the application for divorce, 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, the competent institutions of both Contracting Parties. At the same time, they apply the legislation of their state.

3. In cases of recognition of marriage as invalid, the legislation of the Contracting Party is applied, which, in accordance with Article 25, was applied at the time of marriage. In this case, the competence of the courts is determined respectively on the basis of paragraphs 1 and 2 of this article.

Legal relations between parents and children

Article 28

Cases on establishing and challenging paternity and on establishing the birth of a child from a given marriage are resolved in accordance with the legislation of the Contracting Party of which the child is a national by birth.

Article 29

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.

Article 30

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.

Article 31

The courts of the Contracting Party, whose laws are to be applied in these cases, are competent to make decisions on the legal relations referred to in articles 28-30.

If the plaintiff and the defendant reside in the territory of one Contracting Party, the courts of that Contracting Party are also competent to rule on the legal relationship between them, in compliance with the provisions of articles 28 and 30.

Adoption

Article 32

1. In case of adoption, the legislation of the Contracting Party of which the adoptee is a national is applied.

2. If a child is adopted by spouses, one of whom is a citizen of one Contracting Party and the other a citizen of the other Contracting Party, the adoption must comply with the requirements of legislation in force on the territory of both Contracting Parties.

3. If the child is a citizen of one Contracting Party and the adoptive parent is a citizen of another Contracting Party, the child's consent must be obtained upon adoption or its cancellation, if required by law of the Contracting Party of which he is a citizen, his legal representative and the competent state authority of that Contracting Party.

Article 33

The institution of the Contracting Party of which the adoptee is a national is competent to make decisions on adoption, and in the case provided for in paragraph 2 of Article 32, the institution of the Contracting Party in whose territory the spouses have or had their last joint residence or domicile is competent.

Guardianship and trusteeship

Article 34

1. The guardianship and guardianship authority of the Contracting Party of which the person under guardianship or the person under guardianship is a national is competent to make decisions on guardianship and guardianship over citizens of the Contracting Parties, unless the Contract provides otherwise. In this case, the legislation of this Contracting Party is applied.

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 guardianship authority appointed the guardian or trustee.

Article 35

1. If guardianship or guardianship measures are necessary in the interests of the person under guardianship or a person under guardianship whose place of residence or residence or property is located in the territory of another Contracting Party, the guardianship and guardianship authority of that Contracting Party must immediately notify the competent guardianship authority of the Contracting Party in accordance with paragraph 1 of Article 34.

2. In urgent cases, the guardianship and guardianship authority of the other Contracting Party may take the necessary measures itself, but it must immediately notify the competent guardianship and guardianship authority in accordance with paragraph 1 of Article 34 of the preliminary measures taken. The measures taken remain in force unless this body decides otherwise.

Article 36

1. The competent guardianship and guardianship authority, in accordance with paragraph 1 of Article 34, has the right to transfer guardianship or guardianship to the appropriate authorities of the other Contracting Party if the place of residence or residence or property of the person under guardianship or custody is located in that State. The transfer is valid only if the requested authority agrees to accept custody or guardianship and notifies the requesting authority about it.

2. The body which, in accordance with paragraph 1 of this article, has accepted guardianship or trusteeship, exercises them in accordance with the legislation of its State. However, he/she does not have the right to make a decision on issues related to the personal status of a person under guardianship or guardianship, but may grant permission for marriage, which is necessary under the legislation of the Contracting Party of which this person is a national.

Property legal relations

Article 37 The right of ownership

1. Ownership of immovable property is determined by the legislation of the Contracting Party in whose territory it 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 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. 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 the agreement.

Article 38 Form of 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 39 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 citizens of the same Contracting Party, the legislation of the Contracting Party to whose court the application is filed shall apply.

3. 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 to rule on the cases referred to in paragraphs 1 and 2 of this Article. The victim may also file a claim with the court of the Contracting Party in whose territory the defendant resides.

Inheritance

Article 40 The principle of equality in rights

Citizens of one Contracting Party shall have equal rights to citizens of the other Contracting Party residing in its territory with respect to the ability to make or revoke a will for property located in the territory of the other Contracting Party or for the rights to be exercised there, as well as with respect to the ability to acquire property or rights by inheritance. The property or rights are transferred to them on the same terms as are established for the own citizens of the Contracting Party residing in its territory.

Article 41 The right of inheritance

1. The right to inherit movable property is regulated by the legislation of the Contracting Party in whose territory the testator had his last permanent residence.

2. The right to inherit immovable property is regulated by the legislation of the Contracting Party in whose territory the property is located.

Article 42 Extortionate property

If, according to the legislation of the Contracting Parties, the inherited property becomes the property of the State as extortionate (inherited by the State according to the law), then the movable property is transferred to the State of which the inheritor was a citizen at the time of death, and the immovable property becomes the property of the State in whose territory it is located.

Article 43 Form of will

The form of the will is determined by the legislation of the Contracting Party of which the testator was a citizen at the time of making the will. However, it is sufficient that the legislation of the Contracting Party in whose territory the will was drawn up is respected. This provision also applies to the cancellation of a will.

Article 44 Inheritance proceedings

1. The proceedings on inheritance of movable property, with the exception of the cases provided for in paragraph 2 of this Article, shall be conducted by the institutions of the Contracting Party in whose territory the heir had his last permanent residence.

2. If all movable inherited property is located in the territory of a Contracting Party where the heir did not have his last permanent residence, then at the request of the heir or the beneficiary, if all the heirs agree, the inheritance proceedings are conducted by the institutions of that Contracting Party.

3. The proceedings on the inheritance of immovable property are conducted by the institutions of the Contracting Party in whose territory this property is located.

4. The provisions of this article shall apply accordingly to inheritance disputes.

Article 45 Inheritance protection measures

1. The authorities of one Contracting Party shall take, in accordance with their legislation, measures necessary to protect the inherited property located on its territory left by a citizen of the other Contracting Party.

2. The authorities responsible for taking measures to protect the inheritance, after the death of a citizen of the other Contracting Party, are obliged to immediately notify the consular post of that Contracting Party of the death of the testator and the persons who have claimed their inheritance rights, of the circumstances known to them concerning the persons entitled to the inheritance, and of their place of residence, of the existence of a will, about the size and value of the inheritance, as well as about what measures have been taken to protect the inheritance.

3. At the request of the diplomatic mission or consular institution, the hereditary movable property and documents of the deceased are transferred to him.

Article 46

A diplomatic mission or consular institution of one Contracting Party has the right to represent the interests of citizens of that Party on inheritance issues before the authorities of the other Contracting Party without a special power of attorney if these citizens are unable to defend their rights and interests in a timely manner due to absence or other valid reasons and have not appointed an authorized representative.

Article 47

If a citizen of one Contracting Party has died while traveling in the territory of the other Contracting Party, where he did not have permanent residence, the money and belongings with him will be transferred without any formalities to the diplomatic mission or consular institution of the Contracting Party of which the deceased was a citizen.

Article 48 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 matters shall order the transfer of the inheritance property to a diplomatic or consular institution.

3. This property may be transferred to heirs if:

1) all claims of the testator's creditors filed within the time period established by the legislation of the Contracting Party where the inheritance property is located have been paid or secured;

2) all inheritance-related fees have been paid or secured;

3) 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.

Recognition and enforcement of decisions

Article 49 Recognition and enforcement of decisions in civil and family cases, as well as in criminal cases regarding compensation for damages

The Contracting Parties mutually recognize and enforce the decisions of the institutions of justice in civil and family matters that have entered into force, as well as sentences regarding compensation for damage caused by a crime.

On the territory of the Contracting Parties, decisions of guardianship and guardianship authorities, registry offices and other institutions for civil and family affairs that do not require execution by their nature are also recognized without special proceedings.

Consideration of petitions for permission to execute decisions

Article 50

1. Consideration of applications for authorization of execution falls within the competence of the courts of the Contracting Party in whose territory the execution is to be carried out.

2. An application for permission to execute is submitted to the court, which rendered a decision on the case in the first instance. A petition filed with the court that ruled on the case in the first instance is forwarded to the court competent to rule on the petition.

3. The details of the application shall be determined by the legislation of the Contracting Party in whose territory the execution is to be carried out.

4. The application shall be accompanied by a certified translation in accordance with paragraph 2 of Article 5 of this Agreement.

Article 51

The application for permission to perform must be accompanied by:

1) a copy of the decision certified by the court;

2) an official document on the entry into force of the decision, if this does not follow from the text of the decision itself.;

3) a document from which it follows that the defendant, who did not take part in the trial, was served with a notice of summons at least once in a timely and appropriate manner.;

4) certified translations of the documents specified in paragraphs 1, 2 and 3 of this Article.

Article 52

If the court has doubts when granting permission for execution, it may request explanations from the person who filed the application for execution of the decision, as well as interview the debtor on the merits of the application and, if necessary, request clarification from the court that issued the decision.

The order of execution of decisions

Article 53

The procedure for execution is regulated by the legislation of the Contracting Party in whose territory the execution is to be carried out.

Article 54

With respect to court costs related to enforcement, the legislation of the Contracting Party in whose territory the decision is to be enforced shall apply.

Article 55 Refusal to recognize and enforce judicial decisions

The recognition of a court decision or the authorization of execution may be refused in the following cases::

1) if the person who initiated the petition or the defendant in the case did not participate in the process due to the fact that he or his authorized person was not promptly and properly served with a summons to court.;

2) if, in the same legal dispute between the same parties, in the territory of the Contracting Party where the decision is to be recognized and enforced, a decision that has entered into force has already been rendered earlier, or if proceedings in this case were previously initiated by the institution of this Contracting Party.;

3) if, in accordance with the provisions of this Treaty, and in cases not provided for by this Treaty, 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 institutions.

Article 56

The provisions of articles 49-55 of this Treaty on judicial decisions shall also apply to settlement agreements approved by the court.

Article 57 Removal of belongings and transfer of sums of money

The provisions of this Agreement on the execution of decisions shall not affect the legislation of the Contracting Parties on the transfer of monetary amounts and on the export of items acquired as a result of execution.

Section II Legal assistance in criminal matters Implementation of criminal prosecution

Article 58 Obligation to institute criminal prosecution

1. Each Contracting Party, at the request of the other Contracting Party, shall institute or adopt, in accordance with its legislation, criminal proceedings against its citizens suspected of committing crimes in the territory of the other Contracting Party.

2. Applications for criminal prosecution filed by victims in accordance with the laws of one Contracting Party to its competent institutions in due time are valid in the territory of the other Contracting Party.

Article 59 Request for initiation or transfer of criminal prosecution

1. A request to initiate or take over criminal prosecution must be made in writing and contain:

1) the name of the requesting institution;

2) a description of the act in connection with which a request has been sent to initiate or take over criminal prosecution;

3) a more precise indication of the time and place of the act is possible;

4) the text of the law of the requesting Contracting Party, on the basis of which the act is recognized as a crime;

5) the surname and first name of the suspect, information about his nationality, place of residence or stay and other information about his identity, as well as, if possible, a description of the appearance of this person, his photograph and fingerprints;

6) statements by the victim in a criminal case initiated at the request of the victim, and for compensation for material damage, if any;

7) available information on the amount of material damage caused.

The request shall be accompanied by the materials of the preliminary investigation and evidence available to the requesting Contracting Party. When transferring items that are instruments of a crime or have traces of a crime, or other items obtained by criminal means, the provision of paragraph 3 of article 72 should be taken into account.

2. If, at the time of sending a request to institute or take over criminal prosecution, in accordance with paragraph 1 of Article 58, a person is being held in custody in the territory of the Contracting Party that sends the request to initiate such prosecution, he or she shall be transferred to the territory of the other Contracting Party. The transfer of a person in custody on the territory of the other Party is authorized by the official overseeing the investigation of the case. The transfer of such a person is carried out in accordance with paragraph 1 of Article 70 of this Treaty.

Extradition

Article 60 Extraditable offences

1. The Contracting Parties undertake, in accordance with the provisions of this Treaty, upon request, to extradite to each other persons located on their territory for criminal prosecution or for the execution of a sentence.

2. Extradition is carried out for acts that, in accordance with the legislation of both Contracting Parties, are crimes, and for which a penalty of imprisonment for a term of more than one year or other more severe punishment is provided. Extradition for the execution of a sentence is carried out in the case of a conviction to imprisonment for a term exceeding six months or other more severe punishment.

Article 61 Refusal of extradition

The issue does not take place if:

(1) The person in respect of whom an extradition request has been made is a national of the requested Contracting Party or a person who has been granted the right of asylum in that State;

2) criminal prosecution in accordance with the legislation of both Contracting Parties is initiated only on the complaint of the victim.;

3) at the time of receipt of the request, criminal prosecution may not be initiated in accordance with the legislation of the requested Contracting Party, or the sentence may not be carried out due to the expiration of the statute of limitations or for other legitimate reasons.;

4) in respect of the person whose extradition has been requested, a sentence or a decision to terminate the proceedings has been passed in the territory of the requested Contracting Party for the same crime, which has entered into legal force.

Extradition may be refused if the offence for which extradition is requested has been committed in the territory of the requested Contracting Party.

In case of refusal of extradition, the requested Party shall inform the requesting Party of the grounds for refusal.

Article 62 Postponement of extradition

If the person against whom extradition is requested has been prosecuted or is serving a sentence for another crime in the territory of the requested Contracting Party, extradition may be postponed until the end of the criminal prosecution, serving the sentence or being released on any lawful basis.

A postponement may be granted to a person in respect of whom the issue of granting the right of asylum is being considered.

Article 63 Temporary extradition

If the postponement of extradition provided for in article 62 may lead to the expiration of the statute of limitations for criminal prosecution or seriously complicate the investigation of a crime, temporary extradition may be granted upon a reasoned request, provided that the extradited person is immediately returned after the procedural actions for which he was extradited, but no later than three months from the date of extradition..

Article 64 Extradition at the request of several States

If requests for the extradition of the same person have been received from several States, the requested Contracting Party decides which one is to be granted, taking into account the gravity of the crime committed.

Article 65 Limits of criminal prosecution of an extradited person

1. Without the consent of the requested Contracting Party, the extradited person may not be prosecuted or punished in connection with an offence other than that which was the basis for extradition.

2. It may also not be extradited to a third State without the consent of the requested Contracting Party.

3. The consent of the requested Contracting Party is not required if the extradited person has not left the territory of the requesting Contracting Party within 15 days after the end of criminal prosecution, serving a sentence or being released on any legal basis, or if he voluntarily returned there after he left it. This period does not include the time during which the extradited person could not leave the territory of the requesting Contracting Party due to circumstances beyond his control.

Article 66 Request for extradition

1. The request for extradition must be in writing and contain:

1) the name of the requesting institution;

2) the text of the law of the requesting Contracting Party, on the basis of which the act is recognized as a crime;

3) the surname and first name of the person in respect of whom the extradition request has been sent, information about his nationality, residence or place of residence and other information about his identity, as well as, if possible, a description of the appearance of this person, his photograph and fingerprints;

4) an indication of the amount of material damage caused.

2. A certified copy of the detention order with a description of the factual circumstances of the case must be attached to the request for extradition for criminal prosecution.

The request for extradition for the execution of the sentence must be accompanied by a certified copy of the sentence with a certificate of its entry into force and the text of the criminal law on the basis of which the person was convicted. If the convicted person has already served part of the sentence, information about this is also provided.

Article 67 Detention for extradition

Upon receipt of an extradition request, the requested Contracting Party shall immediately take measures to take into custody the person against whom the extradition request has been sent, except in cases where extradition is not permitted in accordance with the provisions of this Treaty.

Article 68 Additional information

1. The requested Contracting Party may request additional information if the extradition request does not contain the necessary data specified in Article 66. The other Contracting Party must respond to this request within a period not exceeding one month; this period may be extended by 15 days if there are valid reasons.

2. If the requesting Contracting Party does not provide additional information within the prescribed period, the requested Contracting Party may release the detained person in accordance with Article 67.

Article 69 Detention pending the receipt of an extradition request

1. In urgent cases, the requested Contracting Party may, at the request of the requesting Contracting Party, take the person into custody and pending receipt of the extradition request referred to in Article 66. The application must contain a reference to the detention order or the final sentence imposed on the person in question, and an indication that the request for extradition will be sent immediately.

The application may be submitted in writing by mail, telegraph or any other means.

2. A person may also be taken into custody without receiving the request referred to in paragraph 1 of this Article if there are sufficient grounds to believe that he has committed an extraditable offence in the territory of another Contracting Party.

3. The other Contracting Party should be notified immediately of the detention in accordance with paragraphs 1 or 2, or of the reasons why the request referred to in paragraph 1 of this Article was not granted.

4. A person taken into custody, in accordance with paragraphs 1 or 2 of this Article, must be released if, within one month from the date of receipt of the notification of detention, there is no request for extradition from the other Contracting Party. This period may be extended by 15 days at the request of the requesting Contracting Party.

Article 70 Implementation of extradition

1. The requested Contracting Party shall inform the requesting Contracting Party of its decision regarding extradition, informing it of the place and time of extradition.

2. If the requesting Contracting Party does not accept the person to be extradited within 15 days after the date of extradition, that person must be released from custody. At the request of the requesting Contracting Party, the specified period may be extended, but not more than 15 days.

Article 71 Re-extradition

If the extradited person evades criminal prosecution or serving a sentence and returns to the territory of the requested Contracting Party, he may be extradited again at the request of the requesting Contracting Party. In this case, it is not necessary to attach the documents specified in article 66 to the request.

Article 72 Transfer of items

1. The Contracting Party requested for extradition shall transfer to the requesting Party items that are instruments of a crime involving the extradition of a person in accordance with article 60 of the Treaty, as well as items bearing traces of a crime or obtained by criminal means. These items are also transferred in the event that the extradition of a person due to his death or for other reasons cannot take place.

2. The requested Contracting Party may temporarily delay the transfer of the items referred to in paragraph 1 of this Article if they are necessary for it to conduct another criminal case.

3. The rights of third parties to the items transferred to the requesting Contracting Party remain in force. After the end of the proceedings, these items must be returned to the Contracting Party that transferred them.

Article 73 Transit transportation

1. Each of the Contracting Parties, at the request of the other Contracting Party, authorizes the transportation of persons extradited to the other Contracting Party by a third State within its territory. The Contracting Parties are not obliged to allow the transportation of persons whose extradition is not permitted in accordance with the provisions of this Treaty.

2. The request for transportation authorization is processed and sent in the same manner as the request for extradition.

3. The competent authorities of the Contracting Parties shall agree on the method, route and other conditions of transit in each individual case.

4. The costs associated with transit transportation shall be borne by the requesting Contracting Party.

Article 74the presence of representatives of the Contracting Parties when providing legal assistance in criminal matters

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

Article 75 Criminal record information

Upon request, the Contracting Parties shall provide each other with information on the criminal record of persons if these persons are prosecuted in the territory of the requesting Contracting Party.

Article 76information on the results of criminal prosecution

The Contracting Parties shall inform each other of the results of the criminal prosecution of the person against whom the request for criminal prosecution was sent, as well as the extradited person. Upon request, a copy of the final judgment or other final decision will be sent.

Article 77information on sentences

The Contracting Parties will annually inform each other about the sentences that have entered into force, handed down by the courts of one Contracting Party against citizens of the other Contracting Party.

Part Three Final provisions

Article 78 Entry into force of the Treaty

This Treaty is subject to ratification and will enter into force 30 days after the exchange of instruments of ratification.

Article 79 Term of the Agreement

1. This Agreement shall be valid for five years from the date of its entry into force.

2. The Agreement shall remain in force for subsequent five-year periods, unless one of the Contracting Parties denounces it by notifying the other Contracting Party six months before the expiration date of this Agreement.

Done in Vilnius on August 9, 1994, in two copies, each in the Kazakh and Lithuanian languages, both texts being equally authentic.

Each Contracting Party shall have an official translation of the text in Russian along with a copy of this Agreement. In cases of disagreement on the content of the text of this Agreement, the Contracting Parties will be guided by the text in Russian.

Protocol* to the Agreement between the Republic of Kazakhstan and the Republic of Lithuania on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters

*(Entered into force on April 8, 1999 - J. "Diplomatic Courier",

special issue No. 2, September 2000, p. 173)

The Republic of Kazakhstan and the Republic of Lithuania, realizing the importance of legal protection of the rights and interests of citizens, agreed:

to make the following amendments and additions to the Agreement on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters dated August 9, 1994 (hereinafter referred to as the Agreement):

I. Article 42 should be worded as follows:

"If, according to the legislation of the Contracting Parties, the inherited property becomes the property of the State as extortionate (inherited by the State according to the law), then the movable property is transferred to the State of which the testator is a citizen at the time of death, and the immovable property becomes the property of the State in whose territory it is located".

II. The first and second parts of article 44 shall be worded as follows:

"1. The proceedings on inheritance of movable property, with the exception of the cases provided for in paragraph 2 of this Article, shall be conducted by the institutions of the Contracting Party in whose territory the testator had his last permanent residence.

2. If all movable inherited property is located in the territory of a Contracting Party where the testator did not have his last permanent residence, then at the request of the heir or the beneficiary, if all heirs agree with this, the inheritance proceedings are conducted by the institutions of this Contracting Party."

III. To supplement the Agreement with article 79 as follows:

"The Contracting Parties shall consult through diplomatic channels on amendments and additions to the text of this Treaty. The agreements reached must be formalized in writing and enter into force in accordance with the procedure established by Article 80 of this Treaty.".

IV. Article 79 of the Treaty is considered to be article 80, respectively.

This Protocol is an integral part of the Treaty, is subject to ratification and enters into force 30 days after the exchange of instruments of ratification.

Done in Almaty on February 7, 1997, in two copies, each in the Kazakh and Lithuanian languages, both texts being equally authentic.

Each Contracting Party shall have an official translation of the text in Russian along with a copy of this Protocol.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases