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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;

j) "the judgment (sentence)" - the judgment about assignment of punishment, not connected with imprisonment, and (or) application of measure of criminal and legal nature.

The article 3 Address Right with the petition for transfer of execution of the punishment

1. Any convict to whom this Convention can be applied is informed by the State of assignment of punishment on contents of this Convention, and also on consequence in law of transfer of execution of the punishment.

2. The convict or his legal representative can address with the petition for transfer of execution of the punishment the State of assignment of punishment or the State of execution of the punishment.

3. The competent authority of the Contracting Party to which the petition for transfer of execution of the punishment arrived, reports about the made decision (about the address with request about transfer of execution of the punishment or about refusal) in writing to the convict who addressed with the petition for transfer or his legal representative. The decision on refusal shall be motivated.

Article 4 Requests and answers

1. The competent authority of the Contracting Party based on the petition of the convict or his legal representative makes inquiry about transfer of execution of the punishment to competent authority of other Contracting Party.

The request about transfer of execution of the punishment can proceed both from the State of assignment of punishment, and from the State of execution of the punishment.

2. Request about transfer of execution of the punishment and the answer to it are constituted in writing and are transmitted through competent authorities.

The documents transferred by the competent authorities of Contracting Parties in accordance with the terms provided by this Convention do not need legalization if they will be assured by the competent authority of the Contracting Party which sent inquiry.

These documents can be sent by fax, e-mail or other similar type of communication on condition of obligatory submission of their originals to perhaps short time.

3. The competent authority of the Contracting Party to which the inquiry is sent for transfer of execution of the punishment in perhaps short time notifies the competent authority of the Contracting Party which sent inquiry on the decision made on it with indication of the reasons in case of refusal in transfer of execution of the punishment.

4. The competent authority of the State of assignment of punishment in case of receipt of the petition for transfer of execution of the punishment applies to the request addressed to competent authority of the State of execution of the punishment:

a) the information about the identity of the convict (surname, name, middle name (if is available), birth date and birth place, the residence and whenever possible registration address);

b) documents testimonial of nationality of the convict;

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