On the signing of the Agreement between the Republic of Kazakhstan and the Italian Republic on the provision of Legal assistance in Civil Matters
Decree of the President of the Republic of Kazakhstan dated November 3, 2010 No. 1094
I DECREE: 1. To approve the attached draft Agreement between the Republic of Kazakhstan and the Italian Republic on the provision of legal assistance in civil matters. 2. To authorize the Minister of Justice of the Republic of Kazakhstan, Rashid Toleutayevich Tusupbekov, to sign on behalf of the Republic of Kazakhstan an Agreement between the Republic of Kazakhstan and the Italian Republic on the provision of legal assistance in civil matters, authorizing amendments and additions that are not of a fundamental nature. 3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan N. Nazarbayev
APPROVED By Decree of the President of the Republic of Kazakhstan dated November 3, 2010 No. 1094
Project
Agreements between the Republic of Kazakhstan and the Italian Republic on the provision of legal assistance in civil matters
The Republic of Kazakhstan and the Italian Republic, hereinafter referred to as the "Parties", guided by a common desire to strengthen equal legal protection of property and personal non-property rights and legally protected interests of citizens of the Republic of Kazakhstan and the Italian Republic, confirming the desire to combine efforts to further develop legal cooperation in civil matters, based on generally accepted norms and principles of international law, agreed on as follows:
Section I General provisions
Article 1 General condition
The provisions of this Agreement apply to civil cases, including cases in the field of commercial law, family and labor law.
Article 2 Legal assistance
1. Citizens of the Parties and other persons lawfully residing in the territories of the Parties (hereinafter collectively referred to as residents) shall enjoy in the territory of the other Party the same legal protection that each Party provides to its own citizens to protect their property and personal non-property rights and legally protected interests. 2. Residents of each Party have the right to freely apply to the courts, prosecutor's office, judicial authorities and other institutions of the other Party, whose competence includes civil cases (hereinafter referred to as judicial institutions), may act in them, initiate petitions, file lawsuits and carry out other procedural actions on the same terms as residents of this other Party..
Article 3 Exemption from CAUTIO JUDICATUM SOLVI
Residents of one of the Parties who initiate legal proceedings through the justice institutions of the other Party or participate in it as third parties are not bound by the obligation of CAUTIO JUDICATUM SOLVI (payment of an amount as security for court costs) in relation to court costs, because of their foreign citizenship or due to the fact that they do not permanently reside. on the territory of this other Side.
Article 4 Exemption from taxes, duties and court costs
1. Exemption from taxes and duties in connection with the implementation of procedural actions under this Agreement is granted to residents of one Party in the territory of the other Party on the same terms as their own citizens of the other Party. 2. The relevant documents (certificates) confirming the right of a resident of one Party to receive such exemptions are issued by the competent institutions of the Resident's Party.
Article 5juridic persons
The provisions relating to citizens of each Party shall also apply to legal entities and other organizations with legal capacity that have been established, have headquarters or branches and carry out permanent activities in the territory of the other Party in accordance with its legislation.
Article 6 Exemption from legalization
1. For the purposes of applying this Agreement, acts, documents and translations in originals or copies are exempt from any form of legalization, but must be signed and stamped by the competent institution of the Party from which they originate. 2. Originals or relevant copies of certificates, documents and translations that are made and certified by the competent authority, within its competence in the prescribed form and sealed in the territory of one of the Parties, are accepted without any additional special recognition in the territory of the other Party.
Section II Legal assistance
Article 7 Subject of legal aid
Each of the Parties, in accordance with the provisions of this Agreement, on the basis of requests for legal assistance sent through authorized bodies, shall take measures to: a) assist the other Party by performing procedural actions provided for by its legislation, in particular by drafting, forwarding and serving documents, notices and questioning the parties in a civil case, collection and forwarding of evidence, receipt and forwarding of expert opinions, as well as enforcement of judicial acts; (b) Providing the other Party with information concerning legislation and the practice of its application by authorized bodies, as well as other information necessary for judicial proceedings; (c) providing the other Party or its residents with copies of civil registration certificates and extracts from them, including those necessary for judicial proceedings, in compliance with the restrictions provided for by the legislation of the requested Party.
Article 8 Refusal to provide legal assistance
The provision of legal assistance may be refused in whole or in part if the provision of such legal assistance may prejudice the sovereignty or national security or contradict the legislation of the requested Party. In the event of a decision to refuse to provide legal assistance, the requesting Party shall be immediately notified in writing of the reasons for the refusal.
Article 9 Authorized bodies of the Parties
1. For the purposes of this Agreement, the authorized bodies of the Parties are: on the Kazakh Side - the Ministry of Justice of the Republic of Kazakhstan; on the Italian Side - the Ministry of Justice of the Italian Republic. 2. When changing the name or transferring the functions of the above-mentioned authorized bodies to other bodies, the Parties shall promptly notify each other through diplomatic channels.
Article 10 Languages
Requests for legal assistance and the acts and documents attached to them shall be sent in the language of the requesting Party, accompanied by their official translation into the language of the requested Party or into English. 2. In respect of the Republic of Kazakhstan, the language of the requested Party is Kazakh and/or Russian.
Article 11 Expenses
The provision of legal assistance by the requested Party in compliance with the provisions of this Agreement is not a basis for claiming reimbursement of the requested Party's expenses. The Parties shall independently bear the costs associated with the implementation of this Agreement within the budget provided for by the laws of the Parties.
Article 12 Request for legal assistance
1. A request for legal assistance must contain the following information: a) the name of the requesting authorized body; b) the name of the requested authorized body; c) the subject of legal assistance (in the case of a request for legal assistance in a civil case, its name and the nature of the dispute); d) the names and surnames of the parties to the case, witnesses, information about their place of residence or domicile, nationality, occupation, for legal entities - their name and location, as well as, if representatives of these persons are present, their names, surnames and place of residence; (e) The nature and content of the requested assistance, as well as a detailed description of the specific procedure required; (f) The time frame within which the request is expected to be completed; (g) Other data that may be useful for completing the request. 2. If necessary, duly certified copies of documents or extracts from them are attached to the request. 3. The request shall be signed by an authorized official and sealed with the stamp of the requesting authorized body.
Article 13 Execution of a request for legal assistance
1. When executing a request for legal assistance, the requested Party applies its legislation. 2. At the request of the requesting Party, the procedural rules of the requesting Party may be applied, provided that they do not contradict the legislation of the requested Party. 3. If the requested Party is unable to comply with the request for legal assistance, it shall immediately notify the requesting Party of this, indicating the reasons for the impossibility of fulfilling this request. In this case, the documents received by the requested Party together with the request for legal assistance are subject to return to the requesting Party. 4. If the documents or their component parts provided by the requesting Party prove insufficient to fulfill the request for legal assistance, the requested Party may additionally request the requesting Party to provide additional information and documents. 5. If this is explicitly stated in the request for legal assistance, the requested Party shall promptly inform the requesting Party of the place and date of execution of the request. 6. The judicial authorities and the parties to the case may submit the requested acts in accordance with the legislation of their State. 7. As part of a request for legal assistance, when carrying out judicial procedural actions, the requested Party informs the requesting Party in advance of the upcoming place and time of execution of the requested procedural actions for the participation of interested persons of the requesting Party.
Article 14 Submission of documents
1. The authorized bodies of each of the Parties undertake to serve judicial and non-judicial documents to the relevant persons at their place of residence, stay and (or) location in accordance with the request for legal assistance. 2. Confirmation of the delivery of documents must be made by affixing the date of receipt and the signature of the addressee or by a written confirmation of the institution that performed the delivery, indicating the person who received the document, his position, as well as the date, place and method of delivery. 3. If the documents cannot be delivered to the address indicated in the request for legal assistance, the authorized body of the requested Party shall take the necessary measures to establish the recipient's address in accordance with the legislation of its Party. If it is impossible to establish the recipient's address, the authorized body of the requested Party notifies the authorized body of the requesting Party and returns the non-submitted documents to it.
Article 15 Execution of a request for legal assistance and delivery of documents through diplomatic missions and consular institutions
Each of the Parties may, without using coercive measures, through its diplomatic missions or consular offices accredited in the territory of the other Party, hand over documents to its residents and interview them, if this does not contradict its legislation.
Article 16 Appearance of persons for interrogation in the territory of the requesting party
1. When handing over a summons to appear to the authorized bodies of the requesting Party, coercive measures may not be applied to a person to ensure his appearance, as well as sanctions in case of his non-appearance. 2. The requesting Party shall reimburse witnesses and experts for expenses related to their travel, as well as daily subsistence allowance and other compensation in accordance with its legislation. 3. Persons who appear on the summons of the authorized body of the requesting Party and appear before them may not be held criminally, administratively liable, taken into custody or punished in the territory of this Party in connection with any act committed before crossing its state border. Such persons may also not be held criminally or administratively liable in connection with their testimony or conclusions as witnesses or experts in the case being the subject of the proceedings. 4. The persons referred to in paragraph 3 of this Article shall lose the guarantees provided for in this paragraph if they do not leave the territory of the requesting Party, although they have the opportunity to do so, after seven days from the moment when they were informed by the competent institution that there is no need for their further stay. The time period specified in this paragraph does not include the time during which these persons could not leave the territory of the requesting Party through no fault of their own.
Section III Final provisions
Article 17 Dispute resolution
Disputes concerning the interpretation and application of this Agreement shall be resolved by the Parties through negotiations and consultations through diplomatic channels.
Article 18ratification and entry into force
This Agreement is subject to ratification and enters into force on the first day of the second month following the month in which the last written notification of its ratification was received through diplomatic channels.
Article 19 Introduction of amendments and additions
1. This Agreement may be amended or supplemented by mutual agreement of the Parties through the exchange of diplomatic notes or separate protocols. 2. The above-mentioned amendments and additions shall enter into force in accordance with the procedure established by Article 18 and are an integral part of this Agreement.
Article 20 Period of validity and denunciation
This Agreement is concluded for an indefinite period. Each of the Parties may terminate this Agreement at any time, such termination shall begin on the first day of the sixth month following the month in which one of the Parties receives such notification.
Committed in the city __________ "__" __________ 20__ in two copies, each in Russian, Italian and English, all texts being equally authentic. In case of disputes regarding the interpretation of the provisions of this Agreement, the Parties will refer to the English text.
For the Republic of Kazakhstan For the Italian Republic
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
