On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Readmission and the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Readmission
The Law of the Republic of Kazakhstan dated August 2, 2015 No. 344-V SAM
To ratify The Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Readmission and the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Readmission, signed in Astana on June 7, 2012.
President of the Republic of Kazakhstan N. NAZARBAYEV
AGREEMENT between the Government of the Republic of Kazakhstan and By the Government of the Russian Federation on readmission
Entered into force on September 25, 2015 - Bulletin of International Treaties of the Republic of Kazakhstan 2015, No. 5, art. 52
The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties, guided by the desire to develop good-neighborly, partnership relations between their States and cooperation between them in various fields, including in the field of combating illegal migration and cross-border organized crime, being convinced that the implementation of principles and norms agreed upon by the Parties, defining the procedure for the return, reception and transfer of persons, It is an important component of regulating migration processes, as well as contributing to the fight against illegal migration and organized crime, respecting the sovereign right of each of the States of the Parties, in accordance with its legislation, to establish responsibility for illegal migration on its territory or through its territory. foreign citizens and stateless persons, emphasizing that this Agreement does not detract from the rights of, obligations and responsibilities of the States Parties under international law, including the norms of international law, as set out, in particular, in the Universal Declaration of Human Rights of December 10, 1948, in the Convention relating to the Status of Refugees of July 28, 1951, and The Protocol relating to the Status of Refugees of January 31, 1967, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of December 10, 1984, and the International Covenant on Civil and Political Rights of December 16, 1966, have agreed as follows:
Article 1 Definitions
The terms used in this Agreement mean the following: "readmission" means the transfer by the competent authorities of the State of the requesting Party and the reception by the competent authorities of the State of the requested Party, in accordance with the procedure, conditions and for the purposes provided for in this Agreement, of persons who have entered or are in the territory of the State of the requesting Party in violation of the legislation of that State on the entry, exit and stay of foreign citizens and stateless persons; "requesting Party" - the central competent authority of the State of the Party that sends a request for readmission or transit; "requested Party" - the central competent authority of the State of the Party to which the request for readmission or transit is sent; "third-country nationals" - persons who do not have the citizenship of the States of the Parties and belong to the nationality of a State that is not a party of this Agreement; "stateless persons" - persons who are not citizens of the States of the Parties and do not have evidence of belonging to the citizenship of a third state, with the exception of persons who have lost the citizenship of the State of one Party after entering the territory of the State of the other Party, to whom paragraph 1 of Article 2 of this Agreement applies; "competent authorities" - authorities of the States of the Parties, participating in the implementation of this Agreement; "central competent authority" - the authority of the state of each of the Parties, which is entrusted with the main tasks for the implementation of this Agreement; "state border checkpoint" - a checkpoint across the State border of the Republic of Kazakhstan or the Russian Federation, established in accordance with the legislation of the state of each of the Parties and international treaties for crossing their land borders, in including at international airports; "personal data" - any information related to a specific individual or determined on the basis of such information; "Executive Protocol" - an Executive Protocol on the procedure for implementing this Agreement; "transit" - the passage of a citizen of a third state or a stateless person through the territory of the requested Party en route from the requesting Party to the destination State.
Article 2 Readmission of citizens of the States of the Parties
1. The competent authorities of the State of the requested Party shall receive, at the request of the central competent authority of the State of the requesting Party, persons who have entered or are in the territory of the State of the requesting Party in violation of the legislation of that State on the entry, exit and stay of foreign citizens and stateless persons, if it is established that they are citizens of the State of the requested Party or have lost their citizenship after entering the territory of the requesting State and have not acquired the citizenship of another State. 2. If necessary, the competent authority of the State of the requested Party shall issue to the transferred person a document necessary for his entry into the territory of that State, the validity period of which is 30 calendar days from the date of its issuance. 3. The list of documents on the basis of which it is determined whether a person has the nationality of the State of the requested Party is defined in The executive protocol. The Parties shall exchange samples of such documents through diplomatic channels within 30 calendar days from the date of entry into force of this Agreement and the Executive Protocol. Subsequently, each Party shall notify the other Party through diplomatic channels of any changes to such documents. 4. If none of the documents provided for in paragraph 3 of this Article can be submitted, the competent authorities of the States of the Parties shall agree to conduct an interview with the person subject to readmission in the territory of the requesting State in order to obtain information about his nationality. The interview procedure is carried out in accordance with the Executive Protocol. 5. The competent authorities of the requesting State shall take back the person transferred by them within 30 calendar days from the date of his transfer, if it is established that there are no grounds for his readmission provided for in paragraph 1 of this article. In this case, the central competent authority of the State of the requested Party shall transmit to the central competent authority of the State of the requesting Party the materials at its disposal concerning this person. 6. If the person referred to in paragraph 1 of this Article has a valid document certifying the identity of a citizen of the requested State, a request for readmission is not required. The transfer of such persons is carried out in accordance with article 9 of the Executive Protocol.
Article 3 Readmission of third-country nationals and stateless persons
1. The competent authorities of the State of the requested Party accept, at the request of the central competent authority of the State of the requesting Party, a citizen of a third State or a stateless person who are in the territory of the State of the requesting Party in violation of the legislation of that State on entry, exit and stay of foreign citizens and stateless persons, if evidence is provided that such a person: has entered the territory of the requesting Party's State directly from the territory of the requested Party's State in violation of the legislation of the requesting Party's State on the entry, exit and stay of foreign citizens and stateless persons; at the time of sending the readmission request, has legitimate grounds for residence or stay in the territory of the requested Party's State. 2. The readmission obligation provided for in paragraph 1 of this article does not apply if a citizen of a third State or a stateless person: arrived lawfully on the territory of the requesting Party's State on a visa-free basis in accordance with an international treaty to which the requesting Party's State is a party; immediately before arriving on the territory of the requesting Party's State, he was exclusively in the transit zone of the international airport on the territory of the requested Party's State. 3. If a citizen of a third State or a stateless person does not have an identity document and there is no possibility of issuing such a document by the competent authority of the State of nationality or permanent residence of this person, then after receiving a positive response to the readmission request, the requesting Party shall issue to such person the document necessary for entry into the territory of the requested Party, the time limit which is valid for at least 30 calendar days from the date of its issuance. The Parties shall exchange samples of such documents through diplomatic channels within 30 calendar days from the date of entry into force of this Agreement. Subsequently, each Party shall notify the other Party through diplomatic channels of any changes to such documents. 4. The list of documents indicating the existence of grounds for the readmission of third-country nationals and stateless persons is defined in The executive protocol. The Parties shall exchange samples of such documents through diplomatic channels within 30 calendar days from the date of entry into force of this Agreement and the Executive Protocol. Subsequently, each Party shall notify the other Party through diplomatic channels of any changes to such documents. 5. The competent authorities of the requesting State shall take back the person transferred by them within 30 calendar days from the date of his transfer, if it is established that there are no grounds for his readmission provided for in paragraph 1 of this Article. In this case, the central competent authority of the State of the requested Party shall transmit to the central competent authority of the State of the requesting Party the materials at its disposal concerning this person. 6. If the person referred to in paragraph 1 of this Article has a valid residence permit issued by the authorized authorities of the requested Party's State, a readmission request is not required. The transfer of such persons is carried out in accordance with article 9 of the Executive Protocol.
Article 4 Time limits for sending and reviewing requests for readmission
1. A request for readmission in respect of a citizen of a third State or a stateless person shall be sent by the central competent authority of the State of the requesting Party directly to the central competent authority of the State of the requested Party within a period not exceeding 180 calendar days from the date of establishing the fact of illegal entry or illegal stay of this person in the territory of the State of the requesting Party and (or) establishing his identity. 2. The central competent authority of the State of the requested Party shall, within 30 calendar days from the date of receipt of the request for the readmission of a person, consent to admission or a reasoned refusal to admit him, if the competent authorities of the State of the requested Party have established the absence of the conditions necessary for the transfer of this person provided for in paragraph 1 of Article 2 and paragraph 1 of Article 3 of this Agreement. If there are circumstances of a legal or factual nature that prevent a timely response to a readmission request, the response time based on a reasoned request from the central competent authority of the requested Party's State is extended to 60 calendar days.
Article 5 Terms of transfer and reception of persons
1. The transfer of persons in respect of whom the requested Party has agreed to readmission is carried out within 30 calendar days from the date of receipt of such consent by the requesting Party, unless otherwise agreed by the central competent authorities of the States of the Parties in each specific case. 2. The period specified in paragraph 1 of this Article may be extended if the persons mentioned therein cannot be transferred to the competent authorities of the State of the requested Party due to circumstances objectively impeding the transfer, and a corresponding written notification is sent. 3. If it is impossible to transfer a person in respect of whom the requested Party has agreed to readmission, the central competent authority of the State of the requesting Party shall immediately send a corresponding written notification to the central competent authority of the State of the requested Party.
Article 6 Transit
1. The central competent authority of the State of the requested Party, at the request of the central competent authority of the State of the requesting Party, permits the transit of third-country nationals and stateless persons transferred by readmission to third countries through the territory of the State of the requested Party, if the central competent authority of the State of the requesting Party guarantees that the persons referred to in this paragraph will be granted unhindered entry into the territory of the third State No matter what, whether it is a transit State or a destination State. 2. The transit of the persons referred to in paragraph 1 of this Article may be carried out accompanied by employees of the competent authorities of the requesting State. 3. A request for transit of persons referred to in paragraph 1 of this Article shall be sent by the central competent authority of the State of the requesting Party in advance, but not later than 15 calendar days before the expected date of entry of the person into the territory of the State of the requested Party for the purpose of transit, unless the central competent authorities of the States of the Parties agree otherwise in each specific case. 4. The central competent authority of the State of the requested Party shall, within 7 calendar days from the date of receipt of the request for transit of the persons referred to in paragraph 1 of this Article, give consent to transit or a reasoned refusal to transit. 5. In carrying out the transit of persons referred to in paragraph 1 of this Article, the competent authorities of the State of the requested Party, at the request of the competent authorities of the State of the requesting Party, shall provide possible assistance. 6. The central competent authority of the State of the requested Party may refuse the transit of the persons referred to in paragraph 1 of this Article if: There is a risk that in the State of destination or in the State of transit, a citizen of a third country or a stateless person will be subjected to torture, inhuman or degrading treatment or punishment, the death penalty or persecution on the basis of race, religion, nationality, as well as belonging to a particular social group or political beliefs.; The presence of such persons in the territory of the requested Party's State is undesirable, including for reasons of national security, public order or public health. 7. The competent authorities of the State of the requested Party, despite the issued transit permit, may return the persons referred to in paragraph 1 of this Article to the competent authorities of the State of the requesting Party if, after their entry into the territory of the State of the requested Party, the circumstances provided for in paragraph 6 of this Article are established with respect to them, as well as if unhindered entry into the territory of the requested Party destination or transit States can no longer be considered guaranteed. 8. On the basis of reciprocity, the Parties shall take measures to limit the transit of third-country nationals and stateless persons who may be returned directly to their States of nationality or their States of permanent residence. 9. The Parties carry out transit of third-country nationals and stateless persons mainly by air.
Article 7 Protection of personal data
1. Personal data that the competent authorities of the States of the Parties exchange or transfer to each other in connection with the implementation of the provisions of this Agreement are subject to protection in the State of each of the Parties in accordance with its legislation and international treaties to which the States of the Parties are parties. 2. The competent authorities of the States of the Parties shall exchange personal data only for the purposes of this Agreement and ensure their confidentiality.
Article 8 Expenses
1. The costs associated with the readmission and possible escort of the persons referred to in paragraph 1 of Article 2 and paragraph 1 of Article 3 of this Agreement to the checkpoint across the state border of the requested Party's State shall be borne by the requesting Party if the costs cannot be paid by the said persons independently or by third parties. 2. The costs associated with the transit and possible escort of the persons referred to in paragraph 1 of Article 6 of this Agreement, as well as their possible return, shall be borne by the requesting Party if the costs cannot be paid by the said persons themselves or by third parties. 3. The costs associated with the transfer of the persons referred to in paragraph 5 of Article 2 and paragraph 5 of Article 3 of this Agreement and their possible escort to the checkpoint across the state border of the requesting Party's State shall be borne by the Party whose actions or omissions led to the transfer of the person whose grounds for readmission were absent.
Article 9 Executive Protocol
The Parties will conclude an Executive Protocol, which contains rules concerning: competent authorities and the distribution of powers between them; the content and procedure for sending a request for readmission or transit; conducting interviews; procedures for readmission or transit; conditions for the transfer of escorted persons, including in the case of transit of third-country nationals and stateless persons; the procedure for mutual settlements related to the implementation of this Agreement.
Article 10 Suspension and resumption of the Agreement
1. Each Party may, for reasons related to the protection of national security, ensuring public order or protecting public health, partially or completely suspend the application of this Agreement. 2. One Party shall notify the other Party in writing through diplomatic channels of the suspension or resumption of the application of this Agreement no later than 72 hours prior to the start of the implementation of such a decision.
Article 11 Principles of cooperation
1. All disputes arising in the relations between the Parties and related to the implementation or interpretation of this Agreement are resolved through consultations and negotiations between them. 2. By mutual agreement, the competent authorities of the States of the Parties may hold working meetings and expert consultations on issues related to the implementation of this Agreement.
Article 12 Relation to other international treaties
1. This Agreement does not affect the rights and obligations of each of the Parties arising from other international treaties to which its State is a party. 2. Nothing in this Agreement prevents the return of a person on the basis of other formal or informal arrangements.
Article 13 Final provisions
1. Subject to paragraph 2 of this Article, this Agreement shall enter into force upon the expiration of 30 calendar days from the date of receipt through diplomatic channels of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force. 2. The provisions of Article 3 of this Agreement shall begin to apply after 3 years from the date of entry into force of this Agreement. During this 3-year period, these provisions apply only to citizens of those third countries and to stateless persons from those third countries with which the Republic of Kazakhstan and the Russian Federation have concluded international readmission agreements. 3. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it and formalized by the relevant protocol. 4. This Agreement is concluded for an indefinite period, and its validity is terminated upon the expiration of 60 calendar days from the date of receipt by one Party through diplomatic channels of a written notification by the other Party of its intention to terminate it. 5. In case of termination of this Agreement, the Parties will settle the obligations that arose during its validity period.
Done in Astana on June 7, 2012, in two copies, each in the Kazakh and Russian languages, both texts having the same legal force.
In case of disagreement in the interpretation of this Agreement, the Parties shall use the text in Russian.
For the Government For the Government of the Republic of Kazakhstan Of the Russian Federation
Executive Protocol on the procedure for the implementation of the Agreement between The Government of the Republic of Kazakhstan and the Government of the Russian Federation on readmission
The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties, expressing their mutual desire to resolve issues related to the implementation of The Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Readmission dated June 7, 2012 (hereinafter referred to as the Agreement), agreed as follows:
Article 1 Competent authorities
1. The competent authorities responsible for the implementation of the provisions of the Agreement are: from the Republic of Kazakhstan: The central competent authority is the Ministry of Internal Affairs of the Republic of Kazakhstan; the competent authorities are the Ministry of Foreign Affairs of the Republic of Kazakhstan and the National Security Committee of the Republic of Kazakhstan; from the Russian Federation: The central competent authority is the Federal Migration Service; the competent authorities are the Ministry of Foreign Affairs of the Russian Federation and the Federal Security Service of the Russian Federation. 2. The Parties shall immediately inform each other through diplomatic channels about changes in the competent authorities referred to in paragraph 1 of this Article. 3. In order to implement the provisions of the Agreement and this Executive Protocol, the central competent authorities of the States of the Parties shall interact directly with each other. 4. In order to implement this Executive Protocol, the central competent authorities of the States of the Parties shall inform each other in writing through diplomatic channels of their contact details within 30 calendar days from the date of its entry into force. 5. The central competent authorities of the States of the Parties shall immediately inform each other in writing about changes in their contact details.
Article 2 Proof of citizenship
1. The citizenship of the Republic of Kazakhstan is confirmed by the following documents: passport of a citizen of the Republic of Kazakhstan; identity card of a citizen of the Republic of Kazakhstan; residence permit for a foreigner in the Republic of Kazakhstan; certificate of a stateless person; diplomatic passport of the Republic of Kazakhstan; official passport of the Republic of Kazakhstan; refugee certificate; seafarer's passport; foreign passport; return certificate; birth certificate of a child (if there is an entry in the passport of one of the parents). 2. The citizenship of the Russian Federation is confirmed by the following documents: passport of a citizen of the Russian Federation; passport of a citizen of the Russian Federation, certifying the identity of a citizen of the Russian Federation outside the territory of the Russian Federation; diplomatic passport; service passport; a diplomatic passport, a service passport, a passport of a citizen of the Russian Federation certifying the identity of a citizen of the Russian Federation outside the Russian Federation, a passport of a citizen of the Russian Federation with information about children entered in them, certified by the signature of an official and the appropriate seal of the competent authority, to confirm, among other things, the citizenship of the Russian Federation of the children; a seafarer's passport (seaman's identity card); identity card (military ID card) a serviceman with a certificate of citizenship of the Russian Federation; a certificate of entry (return) to the Russian Federation; a birth certificate with an insert on the citizenship of the Russian Federation; a birth certificate with information about the Russian citizenship of the parents, one of the parents or a single parent; a birth certificate with a mark confirming the citizenship of the Russian Federation. 3. There are grounds to believe that a person has the citizenship of the Republic of Kazakhstan, if any: the documents specified in paragraph 1 of this Article, the validity of which has expired; copies or duplicates of the documents specified in paragraph 1 of this article; an application in the form provided for in Annex 1 to this Executive Protocol, filled in by the person subject to readmission; written explanations from witnesses legally taken by the relevant competent authorities; written explanations from government officials; positive results of an interview with the person subject to readmission. 4. There are grounds to believe that a person has the citizenship of the Russian Federation, if any: documents specified in paragraph 2 of this article, the validity of which has expired; copies or duplicates of documents specified in paragraph 2 of this article; passport of a citizen of the USSR with a certificate of citizenship of the Russian Federation; passport of a citizen of the USSR with a stamp on registration at the place of residence in the territory of the Russian Federation on February 6, 1992 inclusive; documents other than those specified in paragraph 2 of this Article issued by the relevant state bodies of the Russian Federation; an application in the form set out in annex 1 to this Executive Protocol, filled in by the person subject to readmission; written explanations from witnesses legally taken by the relevant competent authorities; written explanations from government officials; positive results of an interview with a person who to be readmitted.
Article 3 Evidence of the existence of grounds for the readmission of third-country nationals and stateless persons
1. The following documents serve as proof of the existence of grounds for the readmission of third-country nationals and stateless persons: an entry (exit) mark of the relevant authorized bodies of the States of the Parties in any form of an identity document and entitling them to cross the state border; an entry (exit) mark of the authorized bodies of the States Of the Parties in a forged or forged document; valid residence permit in the territory of the requested Party's State; a valid refugee certificate issued by the State of the requested Party; a valid refugee travel document issued by the State of the requested Party; an identity document of a citizen of a third Country or a stateless person, with a mark granting the right to reside in the State of the requested Party. 2. The documents referred to in paragraph 1 of this Article shall be recognized by the Parties without additional formalities. 3. The following documents serve as indirect evidence of the existence of grounds for the readmission of third-country nationals and stateless persons: a residence permit in the territory of the requested State, a refugee certificate and a refugee travel document, which expired no more than 180 calendar days ago; a visa issued by the competent authorities of the requesting State in the territory of the requested State, the validity period of which is expired; written explanations from government officials; written explanations of the person subject to readmission, taken legally; written explanations of witnesses. 4. The documents referred to in paragraph 3 of this Article shall be recognized as grounds for the readmission of third-country nationals and stateless persons, unless the requested Party evidentially refutes them.
Article 4 Other documents
1. If, in the opinion of the requesting Party, other documents not provided for in articles 2 and 3 of this Executive Protocol may be essential for determining the nationality of the person to be readmitted, or for establishing the grounds for the readmission of third-country nationals and stateless persons, such documents may also be attached to the readmission request. 2. The issue of the possibility of taking into account the documents referred to in paragraph 1 of this Article when considering a readmission request is decided by the central competent authority of the requested Party's State.
Article 5 Interview
1. The primary responsibility for conducting an interview at the request of the central competent authority of the requesting Party's State in accordance with paragraph 4 of Article 2 of the Agreement with the person referred to in paragraph 1 of Article 2 of the Agreement is assigned to the representative of the central competent authority of the requested Party's State in the requesting Party's State. 2. In the absence of a representative of the central competent authority of the State of the requested Party referred to in paragraph 1 of this article, the interview shall be conducted by an employee of the diplomatic mission or consular institution of the State of the requested Party in the State of the requesting Party. 3. The interview must be conducted within a period not exceeding 14 calendar days from the date of receipt by a representative of the central competent authority of the State of the requested Party located in the territory of the State of the requesting Party, or (in the case provided for in paragraph 2 of this Article) by the diplomatic mission or consular institution of the State of the requested Party in the State of the requesting Party of a request for an interview made in accordance with in accordance with Annex 2 to this Executive Protocol. 4. The date, time and place of the interview are agreed upon by the competent authorities of the States of the Parties on a case-by-case basis.
Article 6 Content and procedure for sending a readmission request, as well as the procedure for sending a response to it
1. A request for readmission, drawn up in accordance with Annex 3 to this Executive Protocol, shall be sent by the central competent authority of the State of the requesting Party to the central competent authority of the State of the requested Party by mail or courier. 2. The request for the readmission of nationals of the States of the Parties shall be accompanied by the documents at the disposal of the requesting Party provided for in Articles 2 and 4 of this Executive Protocol, the presence of which confirms or gives reason to assume that the person subject to readmission has the nationality of the State of the requested Party. 3. The request for the readmission of third-country nationals and stateless persons shall be accompanied by the documents at the disposal of the requesting Party specified in Articles 3 and 4 of this Executive Protocol, the presence of which confirms or gives reason to assume that there are grounds for the readmission of these persons. 4 If necessary, the central competent authority of the requesting State shall indicate in paragraph "B" of the readmission request additional information on the particular danger and health status of the person to be readmitted. 5. The response to the readmission request is sent to the central competent authority of the requesting Party's State by the central competent authority of the requested Party's State in writing by mail or courier and, if necessary, additionally by technical means of transmitting information within the time limits established by paragraph 2 of Article 4 of the Agreement.
Article 7 The procedure for sending and responding to a transit request
1. A transit request drawn up in accordance with Annex 4 to this Executive Protocol shall be sent by the central competent authority of the State of the requesting Party to the central competent authority of the State of the requested Party by mail or courier within the time limits established by paragraph 3 of Article 6 of the Agreement. 2. If necessary, the central competent authority of the requesting State shall indicate in paragraph "B" of the transit request additional information on the particular danger and health condition of the person being transited. 3. The response to the transit request is sent to the central competent authority of the requesting Party's State by the central competent authority of the requested Party's State in writing by mail or courier and, if necessary, additionally by means of technical means of transmitting information within the time limits established by paragraph 4 of Article 6 of the Agreement.
Article 8 Escort of a person subject to readmission or transit
1. If it is necessary to readmit or transit an escorted person, the central competent authority of the State of the requesting Party shall inform the central competent authority of the State of the requested Party of the names, surnames and positions of the accompanying persons, the type, number, date of issue and validity of their passports, as well as the estimated duration of their stay in the territory of the State of the requested Party. 2. Accompanying persons are obliged to comply with the legislation of the requested Party's State during their stay in its territory. 3. Accompanying persons must be in civilian clothes, as well as have valid passports and documents indicating an agreed agreement regarding readmission or transit. 4. Accompanying persons may not carry weapons and other items that are restricted or withdrawn from circulation in the territory of the requested Party's State. 5. The competent authorities of the States of the Parties shall cooperate with each other on all issues related to ensuring the stay of accompanying persons in the territory of the State of the requested Party. In this case, the competent authorities of the State of the requested Party, if necessary, provide possible assistance to accompanying persons.
Article 9 Readmission or transit procedure
1. Readmission or transit of persons is carried out at all checkpoints across the state border of the States of the Parties. 2. The date and time of readmission or transit, as well as the checkpoints used for them across the state border of the States of the Parties, are determined by mutual agreement of the competent authorities of the States of the Parties in each specific case. 3. The central competent authority of the requesting Party's State shall notify the central competent authority of the requested Party of the conditions of such transfer no later than 5 working days prior to the planned date of transfer of the person to be readmitted. The central competent authority of the requested Party's State shall notify the central competent authority of the requesting Party's State of the acceptability of the conditions of transfer no later than 4 working days after the date of receipt of such information. 4. If the terms of transfer proposed by the central competent authority of the requesting State are unacceptable to the central competent authority of the requested State, other terms of transfer must be agreed upon as soon as possible.
Article 10 Language
In order to implement the provisions of the Agreement and this Executive Protocol, the documents provided for in Annexes 1, 2, 3, and 4 to this Executive Protocol shall be drawn up by the competent authorities of the States of the Parties in Russian.
Article 11 Expenses
1. Expenses incurred by the requested Party during readmission or transit shall be reimbursed in accordance with paragraphs 1 and 2 of Article 8 of the Agreement by the requesting Party in a currency acceptable to both Parties, within 30 calendar days from the date of receipt of the notification of the expenses incurred, accompanied by financial documents confirming the expenses incurred. 2. The costs incurred by one Party in transferring the persons referred to in paragraph 5 of Article 2 and paragraph 5 of Article 3 of the Agreement shall be reimbursed in accordance with paragraph 3 of Article 8 of the Agreement by the other Party in a currency acceptable to both Parties within 30 calendar days from the date of receipt of notification of the
expenses with the attachment of financial documents confirming the expenses incurred.
Article 12 of the Annex
Annexes 1, 2, 3, and 4 to this Executive Protocol are an integral part of it.
Article 13 Final provisions
1. This Executive Protocol shall enter into force and terminate simultaneously with the Agreement. 2. Amendments and additions may be made to this Executive Protocol by mutual agreement of the Parties.
Done in Astana on June 7, 2012, in two copies, each in the Kazakh and Russian languages, both texts having the same legal force. In case of disagreement in the interpretation of this Executive Protocol, the Parties shall use the text in Russian.
For the Government For the Government of the Republic of Kazakhstan Of the Russian Federation
Appendix 1 to the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of Of the Russian Federation on readmission dated August 2, 2015 No. 344-V
THE APPLICATION of the person subject to readmission in accordance with the Agreement between By the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the readmission of "___" _____20__ G.
1. Full name (surname underline) ___________________________ 2. Maiden name ____________________________________________ 3. Date and place of birth ______________________________________ 4. Identity document __________________________ 5. Citizenship ________________________________________________ 6. Information about close relatives residing in the territory of the requested Party's State ___________________________________ _____________________________________________________________________ 7. The address of the place of residence in the territory of the requested Party's State _______________________________________________ 8. Date of entry to the territory of the requesting Party's State _____________________________________________________________________ 9. The method of entry into the territory of the requesting State The parties _____________________________________________________________ 10. Purpose of entry into the territory of the requesting State _____________________________________________________________________ 11. Other information _____________________________________________________________________ _____________________________________________________________________
Personal signature " " ________________ 20__ G.
The place where the application was drawn up ____________________________________________
Signature of the representative of the central authority of the requested Party's State ____________________________
Appendix 2 to the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of Of the Russian Federation on readmission dated August 2, 2015 No. 344-V
Coat of arms of the requesting State
_________________________________________ ______________________ ( Name of the central office (place and date) _________________________________________ authority of the requesting Party's State)
Number _______________________________ To whom ________________________________ ( name of the authority in accordance with paragraph 3 of Article 5 of the Executive Protocol)
Request for an interview in accordance with article 5 of the Executive Protocol on the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Readmission from "__" _________________ 20__ G.
A. Personal data:
1. Full name (underline last name) _______________________ ___________________________________________________________ 2. Maiden name ________________________________________ ___________________________________________________________ 3. Date and place of birth __________________________________
Photo
4. Gender and appearance description (height, eye color, distinguishing features, etc.) ________________________________________________________________ 5. It is also known as (former names, other names used by the person by whom he is known, or pseudonyms) __________________________ 6. Citizenship and language _______________________________________________ 7. Marital status _______________________________________________
married (married)
single
divorced
widower (widow) The spouse's name (if married, married) and his location _____________________________________________________________________ _____________________________________________________________________ The names and ages of the children (if any) and their location _____________________________________________________________________ _____________________________________________________________________ 8. Last location in the requesting Party's State _____________________________________________________________________ 9. Last address in the State of the requested Party _____________________________________________________________________ 10. Information about travel routes _______________________________ _____________________________________________________________________ 11. Health status ______________________________________________ 12. Documents available to the person: __________________________________ _____________________________ ( type of document) (date and place of issue) __________________________________ _____________________________ ( the authority that issued the document) (expiration date)
B. Note _____________________________________________________________________ _____________________________________________________________________
Location of the interview ______________________________________
Signature of the representative of the central authority of the requested State Sides _____________________________________________________________
M.P.
Appendix 3 to the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of Of the Russian Federation on readmission dated August 2, 2015 No. 344-V
Coat of arms of the requesting State
________________________________________ ____________________ ( Name of the central competent authority (place and date) the authority ________________________________________ States of the requesting Party)
Number ______________________________________ To whom _______________________________________ ( name of the central competent authority of the requested Party's State)
Request for readmission in accordance with article 6 of the Executive Protocol on the procedure for the Implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Readmission from "__" _________ 20__ G.
A. Personal data
1. Full name (underline last name) _______________________ ___________________________________________________________ 2. Maiden name ________________________________________ ___________________________________________________________ 3. Date and place of birth __________________________________ ___________________________________________________________
Photo
4. Gender and appearance description (height, eye color, distinguishing features, etc.) ________________________________________________________________ 5. It is also known as (former names, other names used by the person by whom he is known, or pseudonyms) __________________________ 6. Citizenship and language _______________________________________________ 7. Information about issued residence permits, temporary residence permits, or ________________________________________________ 8. Marital status _______________________________________________
married (married)
single
divorced
widower (widow) The spouse's name (if married, married) and his location _____________________________________________________________________ _____________________________________________________________________ The names and ages of the children (if any) and their location _____________________________________________________________________ _____________________________________________________________________ 9. Last location in the requesting Party's State _____________________________________________________________________ 10. Last address in the requested Party's State _____________________________________________________________________ _____________________________________________________________________ 11. Information about travel routes _____________________________________________________________________ 12. Grounds for making a decision on the illegal entry or stay of a person in the territory of the requesting State _____________________________________________________________________
B. Special circumstances related to the transferred person
1. Health status (possible indications of the need for special medical care, the name of the infectious disease, etc.) _____________________________________________________________________ 2. A note about the special danger of a person (suspected of committing a crime, a tendency to aggressive behavior, etc.) _____________________________________________________________________
B. Attached evidence of nationality
1. Documents confirming citizenship: ______________________________ ________________________________ ( type of document) (date and place of issue) ______________________________ _______________________________ ( issuing authority) (expiration date)
2. Documents giving grounds to assume citizenship ______________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
G. Note _______________________________________________________________ _______________________________________________________________ _______________________________________________________________
Signature of the representative of the central authority of the requested Party's State
M.P.
Appendix 4 to the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of Of the Russian Federation on readmission dated August 2, 2015 No. 344-V
Coat of arms of the requesting State
_________________________________________ ____________________ ( Name of the central competent authority (place and date) authority of the requesting Party's State)
Number _________________________________________ To whom __________________________________________ ( name of the central competent authority of the requested Party's State)
Request for transit in accordance with article 7 of the Executive Protocol on the procedure for the Implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Readmission from "__" ___________ 20__ G.
A. Personal data
1. Full name (underline last name) _______________________ ___________________________________________________________ 2. Maiden name ________________________________________ ___________________________________________________________ 3. Date and place of birth __________________________________
Photo
4. Gender and appearance description (height, eye color, distinguishing features, etc.) ________________________________________________________________ 5. It is also known as (former names, other names used by the person by whom he is known, or pseudonyms) __________________________ 6. Citizenship and language _______________________________________________ 7. Type and number of travel document _________________________________
B. Special circumstances related to the transferred person
1. Health status (possible indications of the need for special medical care, the name of the infectious disease, etc.) _____________________________________________________________________ 2. A note about the special danger of a person (suspected of committing a crime, a tendency to aggressive behavior, etc.) _____________________________________________________________________
B. Transit operation
1. State of destination ___________________________________________ 2. Other possible transit States ____________________________ 3. Proposed place of crossing the state border, date, time _______________________________________________________________ _____________________________________________________________________ 4. Information about accompanying persons _____________________________________________________________________
G. Note
_____________________________________________________________________ The acceptance of a person is guaranteed by another State, transit and/or the destination State.
Signature of the representative of the central authority of the requested Party's State
M.P.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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