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CONVENTION OF STATE MEMBERS OF COMMONWEALTH OF INDEPENDENT STATES

of January 22, 1993

About legal assistance and legal relations on civil, family and criminal cases

(as amended on on March 28, 1997)

State members of the Commonwealth of Independent States, the participants of this Convention who are referred to as further Contracting Parties

proceeding from the aspiration to provide to the citizens of Contracting Parties and persons living in their territories, provision in all Contracting Parties concerning personal and property rights of the same legal protection as well as own citizens,

attaching importance to development of cooperation in the field of rendering justice of legal assistance by organizations on civil, family and criminal cases,

agreed as follows:

Section I. General provisions

Part I. Legal protection

Article 1. Provision of legal protection

1. Citizens of each of Contracting Parties, and also persons living in its territory use in the territories of all other Contracting Parties concerning the personal and property rights the same legal protection, as well as own citizens of this Contracting Party.

2. Citizens of each of Contracting Parties, and also other persons living in its territory have the right freely and freely to turn to the courts, prosecutor's office, law-enforcement bodies and other organizations of other Contracting Parties within which competence civil, family and criminal cases (justice daleeuchrezhdeniya) are can act in them, submit petitions, make claims and perform other legal proceedings on the same conditions, as citizens of this Contracting Party.

3. Provisions of this Convention are applied also to the legal entities created according to the legislation of Contracting Parties.

Article 2. Duty relief and cost recoveries

1. Citizens of each of Contracting Parties and persons living in its territory are exempted from payment and compensation of the judicial and notarial fees and costs, and also own citizens use free legal aid on the same conditions, as.

2. The privileges provided in Item 1 of this Article extend to all legal proceedings performed on this case including execution of the decision.

Article 3. Submission of the document on marital and property status

1. Privileges, stipulated in Article 2, are provided based on the document on marital and property status of person initiating the petition. This document is issued by competent organization of the Contracting Party in the territory of which the applicant has residence or residence.

2. If the applicant has no in the territory of Contracting Parties of residence or residence, then it is enough to submit the document issued by the relevant diplomatic representation or consular establishment of the Contracting Party which citizen he is.

3. The organization passing the decision according to the petition for provision of privileges can request from the organization which issued the document the additional made or necessary explanations.

Part II. Legal assistance

Article 4. Rendering legal assistance

1. Organizations of justice of Contracting Parties give legal assistance on civil, family and criminal cases according to provisions of this Convention.

2. Organizations of justice give legal assistance and to other organizations on the cases specified in Item 1 of this Article.

Article 5. Procedure for the intercourses

In case of accomplishment of this Convention competent organizations of justice of Contracting Parties communicate with each other through the central, territorial and other authorities if only this Convention does not establish other procedure for the intercourses. Contracting parties determine the list of the central, territorial and other authorities authorized on implementation of the direct intercourses what notify depositary on.

Article 6. Amount of legal assistance

Contracting parties give each other legal assistance by accomplishment of legal and other proceedings, stipulated by the legislation the required Contracting Party, including: creation and transfers of documents, carrying out surveys, searches, withdrawals, transfers of physical evidences, conducting examination, interrogation of the parties, the third parties, suspects, persons accused, victims, witnesses, experts, search of persons, implementation of criminal prosecution, issue of persons for attraction them to criminal liability or enforcement of the sentence, recognitions and execution of judgments on civil cases, sentences regarding the civil action, executive texts, and also by delivery of documents.

Article 7. Content and form of the order of rendering legal assistance

1. In the order about rendering legal assistance shall be specified:

a) name of required organization;

b) the name of the requesting organization;

c) the name of case according to which the legal assistance is requested;

d) names and surnames of the parties, witnesses, suspects, persons accused, defendants, convicts or victims, their residence and residence, nationality, occupation, and on criminal cases also the place and birth date and, whenever possible, surnames and names of parents; for legal entities - their name, legal address and/or the location;

e) in the presence of representatives of persons specified in the subitem "g", their names, surnames and addresses;

e) contents of the order, and also other data necessary for its execution;

g) on criminal cases also the description and qualification of committed act and data on the extent of damage if it was caused as a result of act.

2. In the order about delivery of the document the exact address of the receiver and the name of the handed document shall be also specified.

3. The order shall be signed and sealed official the requesting organization.

Article 8. Procedure for execution

1. In case of execution of the order about rendering legal assistance the required organization applies the legislation of the country. At the request of the requesting organization it can apply also procedural rules of the requesting Contracting Party if only they do not contradict the legislation of the required Contracting Party.

2. If the required organization is not competent to perform the order, it sends it to competent organization and notifies on it the requesting organization.

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