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The contract between the Republic of Tajikistan and Ukraine on transfer of convicts to imprisonment for further serving sentence

of April 2, 2004

The Republic of Tajikistan and Ukraine which are referred to as further "Contracting parties" proceeding from the principles of the state sovereignty, equality and mutual respect, based on rules of international law and wishing to develop interstate cooperation in the field of the criminal law,

considering that serving condemned punishments in the state which citizens they are, promotes more effective goal achievement of execution of the punishment, return of offenders to normal life in society,

being guided by the principles of humanity and respect of human rights, agreed as follows:

Article 1. Determination of terms

1. For goal achievement of this Agreement stated below terms mean:

1) "state of adjudgement" - The contracting Party which court pronounces sentence about condemnation of person to custodial sanction;

2) "state of execution of sentence" - The contracting Party which is given for further serving sentence the person condemned to imprisonment and who is her citizen;

3) "convict" - person condemned by court of one of Contracting Parties for crime execution to custodial sanction;

4) "close relatives" - mother, the father, the husband, the wife, children, brothers and sisters, grandsons, the grandfather and the grandma, the adoptive parents adopted;

5) "legal representatives" - recognized as those according to the procedure, established by the legislation of each of Contracting Parties;

6) "the central bodies" - the bodies of Contracting Parties making decisions on transfer of sentenced persons: for the Republic of Tajikistan: General - prosecutor's office of the Republic of Tajikistan, for Ukraine: Ministry of Justice of Ukraine;

7) "competent authorities" - the bodies of Contracting Parties performing decisions on transfer of convicts;

2. Execution of this Agreement is performed through the central bodies of Contracting Parties.

3. Concerning execution of this Agreement competent authorities of Contracting Parties communicate with each other at the request of the central bodies.

Article 2. General principles

1. Shall transfer contracting parties according to terms of this agreement at the request of each other convicts who serve sentence in places of detention for making of crimes in the territory of the state of adjudgement and have nationality of other Contracting Party, for serving sentence in the state of execution of sentence.

2. The contracting party which citizen is the convict can address the Contracting Party which court pronounces sentence, with request to consider question of possibility of transfer of the convict.

3. The contracting party which court pronounced sentence can address the Contracting Party which citizen is the convict, with request to consider question of possibility of transfer of the convict.

Article 3. Basis for initiation of the procedure of transfer of the convict

Serves as the basis for initiation of the procedure of transfer of the convict to the Contracting Party which citizen he is the statement of this person, his close relatives or his legal representative sent to the central body of the state of adjudgement or the state of execution of sentence.

Article 4. The decision according to the statement for transfer

1. The decision on the arrived request on consent or refusal in transfer is accepted by the central body of the Contracting Party no later than monthly term from the date of receipt of the documents listed in Item 1 of Article 8 of this Agreement. About the made decision in writing it is reported to person concerning whom the inquiry, and to person who filed petition for transfer is sent if that is available.

2. The decision on refusal in transfer of the convict shall be motivated.

Article 5. Conditions of transfer of the convict

1. The condemned person can be transferred according to this Agreement in the presence of the following conditions:

1) if this person is citizen of the state of execution of sentence;

2) if the sentence took legal effect;

3) if at the time of receipt of request about transfer the convict serve still sentence for at least six months;

4) if the condemned person or, in view of its age agrees to transfer, the physical or mental condition, the legal representative of the condemned person considers it necessary;

5) if action or failure to act in connection with which the sentence was pronounced is crime according to the legislation of the state of execution of sentence;

6) if the material damage caused by crime is indemnified;

7) if the state of adjudgement and the state of execution of sentence agree to transfer of the condemned person.

2. Officials of competent authorities of the state of adjudgement shall explain to the convict and his legal representative if that is available, about possibility of transfer and its consequence in law.

3. In exceptional cases Contracting Parties can agree to transfer of the condemned person even if it is necessary to serve sentence less than six months or the material damage caused by crime is compensated not in full.

Article 6. Conditions under which transfer of the convict is not made

Transfer of the convict is not made if:

1) the conditions listed in Article 5 of this Agreement are not complied;

2) punishment cannot be performed by the Contracting Party which citizen is the convict, owing to lapse of time of criminal prosecution by the legislation of this Contracting Party;

3) for act in connection with which the sentence in the state of adjudgement is decided in the territory of the state of execution of sentence it was already punished or was justified or exempted from punishment, or criminal case was dismissed legally;

4) the requesting Contracting Party properly does not fulfill requirements of Article 8 of this Agreement.

Article 7. Submission of information

Contracting parties undertake obligations:

1) through the central bodies in writing to inform each other on condemnation to imprisonment of citizens of other Contracting Party, and also on their location;

To explain 2) and to really provide to convicts, their legal representatives or close relatives opportunity to address to the central bodies of any of Contracting Parties with the statement for transfer to the state which citizens are convicts.

Article 8. Request about transfer of the convict and necessary documents

1. The request about transfer of the convict is constituted by the central body in writing.

2. For consideration of question of transfer the state of adjudgement provides the following documents and information:

1) information about the identity of the convict (surname, name, middle name, birth date and birth place);

2) the document confirming nationality of the convict;

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