On the ratification of the Convention on International Access to Justice

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The Law of the Republic of Kazakhstan dated December 9, 2014 No. 262-V SAM

 To ratify the Convention on International Access to Justice, signed in The Hague on October 25, 1980.

President

Republic of Kazakhstan

N. NAZARBAYEV

CONVENTION ON INTERNATIONAL ACCESS TO JUSTICE

(Concluded on October 25, 1980)

The signatory States, wishing to facilitate international access to justice, decided to conclude a Convention for this purpose and reached an agreement on the following provisions:

CHAPTER 1 - LEGAL ASSISTANCE

Article 1

Citizens of each of the Contracting States, as well as persons habitually residing in their territory, should have the right to legal assistance in civil and commercial courts in each Contracting State under the same conditions as citizens and persons habitually residing in that State.

Persons who do not fall within the first paragraph, but who previously habitually resided in the Contracting State in whose court the case is to be tried or has been initiated, should nevertheless be entitled to legal assistance provided for in the first paragraph if the grounds for the claim arose from their former habitual residence in that State.

In States where legal aid is provided in administrative, social or tax matters, the provisions of this article should apply to cases brought before courts or tribunals competent in such matters.

Article 2

Article 1 should apply to legal advice, provided that the applicant is located in the State where the advice is sought.

Article 3

Each Contracting State must designate Central Authorities to receive requests for legal assistance sent on the basis of this Convention and to take measures and actions on them.

Federal States and States that have more than one legal system may appoint several Central Authorities. If the Central Authority to which the request has been submitted is not competent to consider it, it must be transferred to another Central Authority of that Contracting State, which has such competence.

Article 4

Each Contracting State must designate one or more authorities for the purpose of transmitting requests for legal assistance to the appropriate Central Authority in the Requested State.

Requests for legal assistance drawn up in accordance with the form attached to this Convention shall be transmitted without the intervention of other authorities.

Nothing in this article prevents requests from being transmitted through diplomatic channels.

Article 5

If the person requesting legal assistance is not located in the Requested State, he may transmit his request to the transmitting authority in the Contracting State in which he has his habitual residence, without prejudice to the possibility of transmitting his request to the competent authority in the Requested State.

The request must comply with the form attached to this Convention and be accompanied by all necessary documents, without prejudice to the right of the Requested State to request additional information or documents, if necessary.

Any Contracting State may declare that their receiving Central Authority may accept requests received through other channels or by other means.

Article 6

The transmitting authority should assist the person requesting legal assistance in ensuring that the request is accompanied by all the information and documents that, to his knowledge, are necessary for the consideration of the request. The transmitting authority must ensure that the formal requirements are met.

If, in the opinion of the transmitting Authority, the request is unfounded, it may refuse to transmit it.

He must provide assistance to the person who requests legal assistance and receive a free translation of documents in cases where such assistance is appropriate.

It must respond to requests for additional information from the receiving Central Authority in the Requested State.

Article 7

The request, the documents sent to substantiate it, and any correspondence for further information must be written in the official or one of the official languages of the Requested State or must be accompanied by a translation into one of these languages.

However, if it is not possible to obtain a translation into the language of the Requested State in the Requesting State, the latter may accept documents in English or French, or documents with a translation into one of these languages.

Correspondence received from the receiving Central Authority may be written in the official language or in one of the official languages of the Requested State, or in English or French. However, when the request sent by the transmitting Authority is in English or French, or has a translation into one of these languages, communications from the receiving Central Authority must also be in one of these languages.

The costs of the transfer incurred in connection with the implementation of the preceding paragraphs will be attributed to the Requesting State. The costs of transfers made in the Requested State will not be reimbursed to that State.

Article 8

The receiving Central Authority decides on the request or takes the necessary measures to be decided by the competent authorities in the Requested State.

The receiving Central Authority should transmit requests for additional information to the transmitting authority and inform it of any difficulties encountered in reviewing the request and of the decision taken.

Article 9

When a person requesting legal assistance resides outside a Contracting State, he may transmit his request through consular channels, without prejudice to resorting to other means at his disposal to transmit his request to the competent authority in the Requested State.

Any Contracting State may declare that its receiving Central Authority will accept requests transmitted through other channels or by other means.

Article 10

All documents submitted in accordance with this chapter must be exempt from legalization and other similar formalities.

Article 11

No fees may be charged for the transfer, reception or decision-making of requests for legal assistance under this chapter.

Article 12

Requests for legal assistance should be dealt with promptly.

Article 13

 If legal aid has been provided in accordance with Article 1, the service of documents in another Contracting State as part of the legal aid action does not provide grounds for reimbursement of costs, regardless of the method of service. The same applies to court orders and social reports, with the exception of fees paid to experts and translators.

 If a person has received legal assistance in accordance with article 1 in connection with proceedings in a Contracting State and a decision has been rendered in the course of those proceedings, he or she is entitled, without any further consideration of his or her case, to receive legal assistance in any other Contracting State in which he or she requests recognition or enforcement of that decision.

CHAPTER II - SECURING COURT COSTS AND ENFORCEABILITY OF DECISIONS ON THE RECOVERY OF COURT COSTS

Article 14

No security or deposit of any kind should be required solely on the basis of foreign nationality or the fact that these persons do not have permanent residence or do not reside in the State in which the proceedings are initiated by persons (including legal entities) who have their habitual residence in a Contracting State and who are plaintiffs or third parties involved in the proceedings in courts or tribunals of another Contracting State.

The same rule should apply to any payments required from plaintiffs or third parties to secure court costs.

Article 15

 A decision on payment of court costs and expenses made in one of the Contracting States in respect of any person who is exempt from the obligation to make the security or deposit or payments referred to in article 14 or in the law of the State in which the proceedings were initiated, will be enforced at the request of the person in whose favor the decision was rendered, free of charge in in any other Contracting State.

Article 16

 Each Contracting State must designate one or more transmitting authorities for the purpose of transmitting to the appropriate Central Authority of the requested State requests for the enforcement of decisions in respect of which article 15 applies.

Each Contracting State must designate a Central Authority to receive such requests and take the necessary measures to ensure that a final decision is made on them.

A federal State and a State that has more than one legal system may appoint more than one Central Authority. If the Central Authority to which the request has been submitted is not competent to consider it, it must transmit the request to the Central Authority of the requested State, which is competent.

Requests provided for in this article must be transmitted without the intervention of any other authorities, without prejudice to the possibility of their transmission through diplomatic channels.

Nothing in this article prevents the person in whose favor the decision has been rendered from submitting it for execution directly, except in cases where the requested State has stated that it will not accept requests made in this way.

Article 17

Each request provided for in article 15 must be accompanied by:

a) a certified copy of the part of the decision on the case, which contains the names and details of the parties, and the decision on payment of expenses or expenses;

(b) Any documents that are necessary to confirm that the decision is no longer subject to the usual forms of review in the State of origin and that it is enforceable there.;

(c) A certified translation of all the above-mentioned documents into the language of the requested State, if they are not written in that language.

A decision on a request is made without a hearing, and the competent authority in the requested State is limited to establishing that the required documents have been submitted. At the request of the person requesting legal assistance, the authority determines the cost of identification and translation, which is considered as costs and expenses of the proceedings.

Legalization and similar formalities are not required.

The right to appeal against the decision of the competent authority exists only if it is provided for by the law of the requested State.

CHAPTER III - COPIES OF DECISIONS AND RECORDS

Article 18

Citizens of any of the Contracting States and persons habitually residing in any Contracting State may receive in any other Contracting State, on equal terms and conditions, copies or extracts from official registration acts and decisions concerning civil or commercial matters, and may, if necessary, legalize such documents.

CHAPTER IV - DETENTION OF PERSONS AND GUARANTEES OF INVIOLABILITY

Article 19

Arrest and detention as an enforcement measure or simply as an interim measure shall not be applied in civil and commercial matters against citizens of a Contracting State or persons habitually residing in a Contracting State, provided that they cannot be applied against persons who are citizens of the State that carried out the detention or arrest. Any fact that may be invoked by a person habitually residing in such a State in order to obtain release from arrest or detention may be invoked with the same consequences by any citizen of a Contracting State or a person habitually residing in a Contracting State, even if that fact occurred abroad.

Article 20

A person who is a national of or habitually resides in a Contracting State and is summoned to a court or tribunal in another Contracting State to act as a witness or expert at a court hearing in that State may not be subjected to prosecution or detention or any other restrictions on his personal freedom in the territory of that State for any the act or conduct preceding his arrival in that State.

The immunity referred to in the previous paragraph begins to flow seven days before the date on which the hearing of witnesses and experts is scheduled, and ends seven days after the date on which the witnesses and experts were informed by the judicial authorities that their presence was no longer necessary and had the opportunity to leave the territory, but did not her, or, if they left the territory, returned voluntarily.

CHAPTER V - GENERAL PROVISIONS

Article 21

 Without prejudice to the provisions of article 22, nothing in this Convention may be considered as limiting any rights in respect of matters governed by this Convention that may be granted to a person under the law of any Contracting State or under any other convention to which he is or will be a party.

Article 22

 Between the parties to this Convention who are also parties to one or both of the Conventions on Civil Procedure signed in The Hague on July 17, 1905 and March 1, 1954, this Convention will replace articles 17-24 of the 1905 Convention or articles 17-26 of the 1954 Convention, even if a reservation is made provided for in paragraph "c" of the second paragraph. Article 28 of this Convention.

Article 23

The Supplementary Agreements between the Parties to the Conventions of 1905 and 1954 shall be considered as applicable to this Convention to the extent that they are compatible with it, unless the parties agree otherwise.

Article 24

A Contracting State may, by declaration, identify the language or languages other than those referred to in articles 7 and 17 in which documents sent to the Central Authority may be compiled or translated.

Article 25

 A Contracting State in which there is more than one official language and which cannot, for reasons arising from domestic law for its territory, accept as a whole the documents referred to in articles 7 and 17 drawn up in one of these languages, must, by application, determine the language in which such documents are to be drawn up or translated. for transfer to a certain part of their territory.

Article 26

If a Contracting State has two or more territorial units in which different legal systems apply to the cases dealt with by this Convention, the Contracting State may, at the time of signature, ratification, acceptance, approval or accession, declare that this Convention may apply to all of its territorial units and not only to one or more of them. they may change this statement by submitting another statement at any time.

Any such declaration must be sent to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and must clearly identify the territorial units to which the Convention applies.

Article 27

If a Contracting State has a system of government according to which executive, legislative and judicial powers are distributed among the central and other organs of that State, the signature, ratification, acceptance, approval or accession of the State to this Convention or declarations made by it in accordance with article 26 shall not affect the separation of powers within the State.

Article 28

Any Contracting State may, at the time of signature, ratification, acceptance, approval or accession, make a reservation in its right to exclude the application of article 1 in respect of persons who are not nationals of a Contracting State but have their habitual residence in a Contracting State other than the State making the reservation, or who previously had their habitual residence in a State reserving such a right, if There is no reciprocity regime between the reserving State and the State of which the persons are nationals., who ask for legal assistance.

Any Contracting State may, at the time of signature, ratification, approval, acceptance or accession, make a reservation on the right to exclude:

a) the use of English or French, or both languages, in accordance with the second paragraph of Article 7;

(b) Application of the second paragraph of article 13;

(d) Application of article 20.

When the State made a reservation:

(e) According to paragraph (a) of the second paragraph of this article, which excludes the use of French and English, any other affected State may apply the same rule to the reserving State.;

(f) According to paragraph (b) of the second paragraph, any other State may refuse to apply the second paragraph of article 13 to persons who are nationals or have their habitual residence in the reserving State;

(g) According to paragraph (c) of this article, any other Contracting State may refuse to apply chapter II to persons who are nationals or have their habitual residence in the reserving State.

Other reservations are prohibited.

Any Contracting State may withdraw a reservation at any time. The withdrawal of the reservation must be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The reservation will expire on the first day of the third calendar month after notification.

Article 29

 Any Contracting State must, at the time of depositing its instrument of ratification or accession, or at a later date, inform the Ministry of Foreign Affairs of the Kingdom of the Netherlands of the designation of authorities in accordance with articles 3, 4 and 16.

It should also inform the Ministry of Foreign Affairs of the Kingdom of the Netherlands, when necessary, of the following:

a) statements, in accordance with articles 5, 9, 16, 24, 25, 26, 33;

b) any cancellations or changes to the above-mentioned appointments and applications;

Article 30

The model forms attached to this Convention may be amended by a decision of a Special Commission convened by the Secretary General of the Hague Conference, to which all Contracting States and all Member States are invited. Proposals for changes to the forms are included in the agenda of the meeting.

Amendments adopted by a majority of the Contracting States present and voting at the meeting of the Special Commission shall enter into force for all Contracting States on the first day of the seventh calendar month following the date of transmission by the Secretary General to all Contracting States.

During the period provided for in the second paragraph, any Contracting State may notify in writing the Ministry of Foreign Affairs of the Kingdom of the Netherlands of its reservation regarding the amendment. The Party that has made such a reservation should, until the reservation is withdrawn, be considered as a State that is not a party to this Convention in respect of the reservation in question.

CHAPTER VI - FINAL PROVISIONS

Article 31

The Convention will be open for signature to the member States of the Hague Conference on Private International Law during its Fourteenth session and to non-member States invited to participate in its preparation.

The Convention is subject to ratification, acceptance or approval: the instruments of ratification, acceptance or approval are deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Article 32

Any other States may accede to the Convention.

The documents of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Such accession will be effective only in the relations between the acceding State and those Contracting States that have not raised objections to its accession within twelve months after receiving the notification referred to in the second paragraph of article 36. Such an objection may also be made by Member States at the time when they ratify, accept or approve the Convention after accession. Any such objection must be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Article 33

Any State may, at the time of signature, ratification, acceptance, approval or accession, declare that this Convention will apply to all Territories or to one or more of them for whose international relations it is responsible. Such a declaration shall enter into force at the time when the Convention enters into force for that State.

Such a statement, as well as the subsequent extension of its validity, must be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Article 34

This Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to in articles 31, 32.

After that, the Convention enters into force.:

(1) for each State that has ratified, accepted, approved or acceded to it after its entry into force on the first day of the third calendar month after the deposit of its instrument of ratification, acceptance, approval or accession;

(2) for any territory or territorial unit to which the Convention has been extended in accordance with articles 26 or 33 on the first day of the third calendar month following the notification referred to in this article.

Article 35

 The Convention remains in force for five years from the date of its entry into force in accordance with the first paragraph of article 34, including for States that have ratified, accepted, approved or acceded to it after that date.

If there is no denunciation, the Convention will be automatically renewed every five years.

The notification of denunciation must be sent to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiration of the five-year period. Denunciation may be limited to certain territories or territorial units to which the Convention applies.

The denunciation is effective only in respect of the State that notified it. The Convention remains in force for other Contracting States.

Article 36

 The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the member States of the Conference and the States that have acceded in accordance with article 32 of the following:

 (1) Signatures, ratifications, acceptances and approvals referred to in article 31;

 (2) accessions and objections to accessions referred to in Article 32;

 (3) the date on which the Convention enters into force, in accordance with article 34;

 (4) the declarations referred to in articles 26 and 33;

 (5) Reservations and their withdrawal referred to in articles 28 and 30;

 (6) information sent in accordance with Article 29;

 (7) Denunciations referred to in article 35.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention.

DONE at The Hague on October 25, 1980, in English and French, both texts being equally authentic, in a single copy, which will be deposited in the archives of the Government of the Kingdom of the Netherlands, a certified copy of which will be sent through diplomatic channels to each Member State, to the Hague Conference on the date of its Fourteenth session on Private International Law and to each other State that participated in the preparation of this Convention at that session.

Annex to the Convention

Form for submitting a request for legal assistance

The Convention on International Access to Justice was signed in The Hague on October 25, 1980

Name and address

transmitting authority

Name and address

transmitting authority

Recipient's address

the central authority

Recipient's address

the central authority

Name and address

transmitting authority

Recipient's address

the central authority

 The undersigned transmitting authority has the honour to transmit to the receiving authority the attached request for legal assistance and the annex (information concerning the financial situation of the person requesting legal assistance) for the purposes of chapter I of the above-mentioned Convention.

Comments regarding the request and information, if necessary:

Other comments, if necessary:

Committed on the _____ date ______

 Signature and/or seal

REQUEST FOR LEGAL ASSISTANCE

Convention on International Access to Justice, signed in The Hague, October 25, 1980.

 1 Surname and address of the person requesting legal assistance

2 The court in which the proceedings have been or will be initiated (if known)

3. The subject of the proceedings and the price of the claim (if necessary)

b. If necessary, a list of documents attached as justification regarding the initiated or proposed proceedings*)

with. Name and address of the defendant *

4 Any date or time period related to the proceedings and having

legal consequences for the person who requests legal assistance

assistance that leads to accelerated execution of the request *

5 Any other necessary information *

6 Committed on ..... numbers .....

7 Signature of the person who requests

 about providing legal assistance

* Exclude it if not necessary.

Annex to the request for legal assistance

Information about a person's financial situation,

which asks for legal assistance

I Personal position

8. Name

9 Last name (maiden name)

 10 Date and place of birth

 11 Citizenship

 12 a Usual place of residence (date of commencement of residence)

b Place of previous habitual residence (date of commencement and termination of residence)

 13 Marital status (single, married, widowed, divorced, living separately)

 14 Last name, first name of spouse(s)

15 Last name, first name and dates of birth of the children who are in the care of the person who requests legal assistance

16 Other persons who are in the custody of a person who requests legal assistance

 17 Additional information regarding marital status

II. Financial circumstances.

 18 Occupation

 19 The name and address of the employer or place of work

20 Income of the person who requests legal assistance, his spouse, and persons in custody

and the salary

(including payments

of any kind) ........ ........ ........

b pensions, pensions

due to disability,

alimony, allowances,

lifetime pensions ........ ........ ........

with a manual for

unemployment ........ ........ ........

d income in addition to

basic earnings ........ ........ ........

f income from securities

and bank deposits ........ ........ .......

f income from

real estate ........ ........ ........

g other sources

income ........ ........ ........

21. Real estate of a person, the applicant, his spouse, persons who are

dependent on him

(specify the cost

and obligations) ......... ......... .............

22. Other property of the applicant, his spouse, persons who are

(assets) of a dependent person

(securities, shares,

right of claim,

bank accounts, etc.) ....... ......... .............

23. Debts and other debts of his spouse of persons who are

financially dependent on him

obligations of the person,

and the loans

(specify the nature,

the amount to be paid

and the size of the annual

or monthly

payouts) .......... .......... ..........

b alimony

(specify the monthly period

payouts) .......... .......... ..........

with the rent for the house,

including payment for

heating,

electricity, gas and

water .......... .......... ..........

d other current ones

commitments .......... .......... ..........

 24 Income tax and social benefits for the previous year

 25 Comments of the person requesting legal assistance

26 If necessary, a list of supporting documents

27 The undersigned, who is aware of the penalties prescribed by law for false information, declares that all of the above is complete and true.

28. Committed in ........./ location/ 29. ............. / date/

30. ....... / signature of the person,

which asks for the provision of

 legal assistance/

President

Republic of Kazakhstan

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