PROTOCOL

of October 11, 2017

About procedure for transfer of the drugs, psychotropic substances and their precursors, firearms, its main parts, ammunition, explosives and destructive devices which are physical evidences on criminal cases

The State Parties of the this Protocol which further are referred to as with the Parties

realizing that drug trafficking, psychotropic substances and their precursors (further – drugs), firearms, its main parts, ammunition, explosives and destructive devices (further – weapon) poses serious threat of homeland security of the Parties, to health and welfare of their people,

in view of the Single convention on drugs of 1961 with the amendments made to it according to the Protocol of 1972, the Convention on psychotropic substances of February 21, 1971, the Convention of the United Nations on fight against illicit trafficking in drugs and psychotropic substances of December 20, 1988, the Agreement on cooperation of the State Parties of the Commonwealth of Independent States in fight against drug trafficking, psychotropic substances and precursors of November 30, 2000, the United Nations Convention Against Transnational Organized Crime of November 15, 2000 and also the Convention on legal assistance and legal relations on civil, family and criminal cases of January 22, 1993 and the Convention on legal assistance and legal relations on civil, family and criminal cases of October 7, 2002,

expressing intention to deepen cooperation in disclosure and investigation of the crimes connected with drug trafficking and weapon

recognizing that effective interaction between the Parties on criminal cases about drug trafficking and weapon will promote the prevention of such crimes and fight against them,

aiming at establishment of procedure for transfer of the drugs and weapon which are physical evidences on criminal cases

being guided by the conventional principles and rules of international law,

agreed as follows:

Article 1

In the this Protocol the following terms are used:

physical evidences – the drugs, psychotropic substances and their precursors, firearms, its main parts, ammunition, explosives and destructive devices which are physical evidences on criminal cases;

request – request (petition) for transfer of physical evidences on criminal cases;

competent authorities of the Parties – the state bodies of the Parties performing powers on realization of the this Protocol within the competence according to the national legal system of the Parties.

Article 2

Within the this Protocol of the Party cooperate in questions of transfer of physical evidences.

Article 3

1. The cooperation within the this Protocol is performed based on requests of competent authorities of the Parties.

2. Competent authorities of the Parties direct, receive requests, will organize their operational and proper execution.

Article 4

1. The parties shall transmit on demand through the competent authorities each other physical evidences for use them in criminal procedure of the requesting Party.

2. Transfer of physical evidences by competent authority of the required Party at the request of competent authority of the requesting Party can be delayed before the termination in the required Party of criminal proceeding or introduction in legal force of the court verdict (judgment) on criminal case in which they are those.

Article 5

1. The list of competent authorities is determined by each Party and transferred to depositary in case of delivery of the notification on accomplishment of the interstate procedures necessary for the introduction of the this Protocol to force.

2. Each of the Parties within 30 days in writing notifies depositary on changes of the list of competent authorities.

Article 6

The physical evidences obtained from competent authority of the required Party within the this Protocol have in the requesting Party the same legal force as though they were received in the territory of the requesting Party according to requirements of its national legal system.

Article 7

1. Performed by request it can be refused fully or partially if the required Party believes that its execution can cause damage to state interests or contradicts its national legal system.

2. In case of decision making about refusal performed by request the competent authority of the requesting Party in writing is notified on it with indication of causes of failure no later than 30 days from the date of receipt of request.

Article 8

1. The request is constituted in writing, signed by the official of competent authority of the requesting Party and makes sure official stamp of competent authority of the requesting Party. The request shall contain the following data:

a) the name and the location of competent authority of the Party from which the request proceeds;

b) the name and the location of competent authority of the Party to which the inquiry is sent;

c) number of criminal case and nature of request;

d) data on suspects or persons accused, including data on date and the place of their birth, nationality, occupation, the residence or the place of stay, and for legal entities – their name and the location;

e) data on the actual circumstances of the committed crime, its qualifications by the legislation of the requesting Party and the text of the applied law provision, and if necessary – data on the extent of the harm done by this crime and desirable completion date of request;

e) the list and the description of the physical evidences requested for transfer, their evidential value in the course of investigation of crime;

g) the information about representatives of competent authority of the Party which needs to transfer physical evidences, their complete names, middle names (in the presence), surnames, positions.

2. If the required Party considers that the data specified in request are not enough for its execution, it can request the additional information.

3. The requesting Party is notified on results of execution of request in writing.

4. In cases, being urgent, the inquiry can be sent by fax connection, and also with use of other means of communication. At the same time the original of request shall be directed by mail or the courier.

Direct transfer of physical evidences is performed after receipt of the original of request.

5. The competent authority of the required Party without delay notifies competent authority of the requesting Party on the circumstances interfering execution of request or detaining its execution in the time specified in request.

6. If execution of request is not included into competence of the body which received request, it no later than three working days from the date of receipt of request gives request to other body of the state, competent to perform it, and without delay notifies on it competent authority of the requesting Party.

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