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AGREEMENT BETWEEN THE INVESTIGATIVE COMMITTEE OF THE REPUBLIC OF BELARUS AND PROSECUTOR GENERAL'S OFFICE OF THE REPUBLIC OF KAZAKHSTAN

of October 25, 2019

About cooperation

The Investigative Committee of the Republic of Belarus and the Prosecutor General's Office of the Republic of Kazakhstan which further are referred to as with the Parties

based on the Treaty of friendship and cooperation between the Republic of Belarus and the Republic of Kazakhstan of January 17, 1996,

proceeding from the mutual aspiration to develop full cooperation and interaction on the questions which are of mutual interest

attaching special significance to importance of international cooperation as one of conditions of effective counteraction of crime in its different manifestations, especially in organized and transnational forms,

aiming it is most efficient to protect rights and freedoms of man and citizen,

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

agreed as follows:

Article 1

The parties perform full cooperation and interaction according to this agreement, being effective within the competence in case of compliance with law and international treaties of the states.

Article 2

1. The parties cooperate within the competence in the following main directions:

the organization and ensuring execution of international treaties in the criminal and legal sphere which members are the states of the Parties;

exchange of information concerning fight against crime, including in its organized forms, and other types of the crimes posing the increased threat for society;

ensuring protection of rights and freedoms of man and citizen;

preparation and advanced training of personnel;

research activities for the questions which are of mutual interest.

2. This agreement does not raise the questions of issue of persons who committed crimes and rendering legal assistance on criminal cases.

Article 3

1. The cooperation of the Parties is performed in the following forms:

experience exchange of work on the organization of activities of bodies of pretrial investigation of the states of the Parties, to implementation of investigative practice;

rendering assistance when conducting checks according to statements and messages of citizens and stateless persons, and also legal entities for the committed crimes;

exchange of the legislative and other regulatory legal acts operating in the states of the Parties in spheres of law-enforcement activities, fight against crime, protection of rights and freedoms of man and citizen and also departmental editions and scientific and methodical materials;

carrying out working meetings and consultations concerning accomplishment of international treaties in the criminal and legal sphere which participants are the states of the Parties, and also on the questions which are of mutual interest including submitted for discussion at different international forums;

holding fact-finding visits and training, rendering assistance in preparation and advanced training of personnel of the Parties, including by the direction of staff of one Party in scientific and educational institutions of other Party;

carrying out joint scientific research, scientific and practical seminars and conferences, preparation of joint scientific publications;

exchange of statistical information on condition, dynamics and tendencies of crime;

exchange of educational literature and scientific publications.

2. This agreement does not interfere with the Parties in determination and development of other mutually acceptable directions and forms of cooperation and interactions in case of observance of conditions, stipulated in Article 1 this agreement.

Article 4

1. The cooperation of the Parties within this agreement is performed based on requests.

2. The request about rendering assistance is constituted in writing and shall contain:

a) the name of the requesting Party;

b) name of the required Party;

c) basis, purpose and content of request;

d) terms during which execution of request is expected;

e) other data which can be required for execution of request.

If necessary the relevant documents are attached to request.

3. The request is signed by the head of the requesting Party or person authorized by it and sealed the body requesting assistance.

Article 5

1. The required Party takes all necessary measures for ensuring bystry, perhaps more complete and high-quality execution of request.

In case of execution of request the legislation of the state of the required Party is applied.

The requesting Party without delay is notified on the circumstances interfering execution of request or significantly detaining its execution.

2. The required Party has the right to request the additional data, necessary, in her opinion, for proper execution of request.

3. The required Party in perhaps short terms informs the requesting Party on results of execution of request.

Article 6

1. Performed by request refuses fully or partially if the required Party believes that its execution can cause damage to sovereignty, to safety or other essential interests of its state or contradicts its legislation or the international obligations.

2. Before decision about refusal in rendering assistance the required Party holds consultations with the requesting Party for consideration of question of possibility of rendering assistance on conditions which the required Party will count necessary. In case of consent with the laid-down conditions the requesting Party provides their observance.

3. The requesting Party instantly is notified in writing on the reasons of complete or partial refusal performed by request.

Article 7

1. Each of the Parties takes necessary measures for the ensuring confidentiality of information and documents received from other Party within this agreement and provided on condition of maintaining confidentiality.

2. Each Party according to the legislation of its state provides such confidentiality level about which other Party asks.

3. Information and documents received from the required Party can be used for other purposes, in addition to in what they were requested, only from the prior written consent of the Party which provided them.

Article 8

1. Coordination of actions for cooperation of the Parties within this agreement is assigned to the following structural divisions of the Parties which can interact with each other directly:

from the Belarusian Side - international legal department of the Investigative Committee of the Republic of Belarus;

from the Kazakhstan Side - Department of international cooperation of the Prosecutor General's Office of the Republic of Kazakhstan.

2. In case of change of the above-stated structural divisions of the Party without delay notify on this each other.

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