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CONVENTION OF THE STATE PARTIES OF COMMONWEALTH OF INDEPENDENT STATES

of October 11, 2019

About transfer of execution of the punishments which are not connected with imprisonment

The State Parties of the Commonwealth of Independent States participating in this Convention, which are hereinafter referred to as by Contracting Parties

aiming at further strengthening international cooperation and expansion of mutual aid in the field of criminal justice on the basis of the principles of respect of the state sovereignty and non-interference to internal affairs of the states,

understanding that implementation of supervision (control) of convicts to whom the punishments which are not connected with imprisonment and (or) measures of criminal and legal nature, in the state which citizens they are are applied, promotes faster and their effective return to normal life in society,

considering that serving by convicts of punishments in the state which citizens they are, promotes more effective goal achievement of execution of the punishment,

being convinced that social resettlement of convicts and expansion of application of alternatives to imprisonment would be promoted by the measures providing possibility of the execution of the punishment which is not connected with imprisonment and (or) measures of criminal and legal nature in the state which citizens they are

being guided by the principle of humanity,

agreed as follows:

Article 1 Scope of application

1. This Convention governs the relations of Contracting Parties on execution of the punishments which are not connected with imprisonment and (or) application of the measures of criminal and legal nature appointed by court of the State of assignment of punishment concerning the citizen of the State of execution of the punishment.

2. Provisions of this Convention are applied to judgments (sentences) based on which the penalties which are not connected with imprisonment are imposed and (or) measures of criminal and legal nature which took legal effect are applied.

3. This Convention is not applied to the questions connected with execution of judgments on establishment of enforcement powers of medical nature, and also sentences according to which as punishment the penalty or other punishment of property nature, and also confiscation are determined.

Article 2 of Determination

For the purposes of this Convention terms mean the following:

a) "State of execution of the punishment" - The contracting Party which performs the punishment which is not connected with imprisonment concerning her citizen condemned to such punishment and (or) applies measure of criminal and legal nature based on the transferred materials;

b) "State of assignment of punishment" - The contracting Party which court makes the judgment (sentence) on assignment of punishment, not connected with imprisonment, and (or) application of measure of criminal and legal nature;

c) "legal representative" - person who according to the national legal system of the Contracting Party speaks out in defense of personal and property rights and legitimate interests of the convict;

d) "competent authority" - the body authorized by the Contracting Party on realization of provisions of this Convention;

e) "measures of criminal and legal nature" - conditional condemnation, delay of serving (execution) of the imposed penalty;

e) "the punishment which is not connected with imprisonment (punishment)" - any penalty imposed by court, except for the punishment providing isolation of the convict from society or capital punishment, penalty or other punishment of property nature;

g) "convict" - the foreign citizen condemned in the State of assignment of punishment to which the penalty which is not connected with imprisonment and (or) to which the measure of criminal and legal nature is applied is imposed;

h) "transfer of execution of the punishment" - the direction the State of assignment of punishment to the State of the execution of the punishment of materials on execution of the punishment which is not connected with imprisonment and (or) measures of criminal and legal nature;

i) "acceptance of punishment to execution" - receipt of execution of the punishment by competent authority of the State of the judgment (sentence) and decision about its execution;

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