The agreement between the Russian Federation and the Kyrgyz Republic concerning jurisdiction and mutual legal assistance on the cases connected with stay of military forming of the Russian Federation in the territory of the Kyrgyz Republic

of March 28, 1996

The Russian Federation and the Kyrgyz Republic which further are referred to as with the Parties

being guided by the Treaty of friendship, cooperation and mutual aid between the Russian Federation and the Republic of Kyrgyzstan of June 10, 1992,

developing regulations of articles 14 and 15 of the Agreement between the Russian Federation and the Kyrgyz Republic on procedure for use of the Russian military facilities in the territory of the Kyrgyz Republic and the status of the military personnel of the Armed Forces of the Russian Federation in the Kyrgyz Republic of July 5, 1993, article 23 of the Agreement between the Russian Federation and the Republic of Kyrgyzstan about the status of the Border troops of the Russian Federation which are in the territory of the Republic of Kyrgyzstan of October 9, 1992 and article 10 of the Agreement between the Russian Federation and the Kyrgyz Republic about procedure for completing and passing of military service by citizens of the Kyrgyz Republic in the Border troops of the Russian Federation which are in the territory of the Kyrgyz Republic of April 1, 1994,

proceeding from need of differentiation of jurisdiction between the Russian Federation and the Kyrgyz Republic,

agreed as follows:

Article 1

For the purposes of this agreement the applied terms mean:

"military forming" - the military units, military organizations, the companies and the organizations of the Armed Forces of the Russian Federation in the territory of the Kyrgyz Republic, and also connection, part and division of Border troops of the Russian Federation deployed in the territory of the Kyrgyz Republic;

"competent authorities":

a) for the Russian Federation - courts, bodies of prosecutor's office, and also bodies of the Federal Security Service and commanders of military units (as bodies of inquiry) in which competence there are questions regulated by this agreement;

b) for the Kyrgyz Republic - courts, bodies of prosecutor's office, law-enforcement bodies, and also bodies of the Homeland security in which competence there are questions regulated by this agreement;

"the place of dislocation" - the territory (water area) in which the military forming, separate objects or buildings transferred by the Kyrgyz Republic to use to military forming are placed;

"persons which are part of military forming" - the military personnel serving in military forming; the citizens working on hiring in military forming (further hereinafter are referred to as - civil personnel of military forming); persons sent by the Russian Side to military forming; members of families of the military personnel and civil personnel of military forming, except citizens of the Kyrgyz Republic.

Article 2

The Russian Federation extends the jurisdiction to the military crimes committed by persons which are part of military forming, places of dislocation of the military forming which are in the territory of the Kyrgyz Republic and also outside their dislocation in case of making by persons who are part of military forming, illegal acts concerning the Russian Federation or persons which are part of military forming.

In other cases jurisdiction of the Kyrgyz Side is effective, its legislation is applied and its competent authorities are effective.

Article 3

The cases falling under jurisdiction of the Russian Side are considered by its competent authorities in places of dislocation of military forming or in the territory of the Russian Federation. For these purposes in structure of military forming competent authorities of the Russian Side are created and are effective.

Article 4

Competent authorities of the Russian Federation and competent authorities of the Kyrgyz Republic without delay inform each other on all the crimes which became to them known relating to jurisdiction according to the Russian Side or the Kyrgyz Side and also carry out initial investigative actions until arrival of the representative of competent authorities of that Party to which jurisdiction specific case, treats with the subsequent transfer by it according to the inventory of all relevant materials and physical evidences.

In that case when person who committed crime is not established, competent authorities of the Parties jointly determine measures for fixing of traces of crime, establishment and detention of person suspected of its making.

Article 5

In need of accomplishment of the Kyrgyz Side of procedural, search and other actions by competent authorities in places of dislocation of military forming such operations are performed by competent authorities of the Russian Side according to the written order of competent authorities of the Kyrgyz Side if they do not contradict the legislation of the Russian Federation.

Article 6

In need of accomplishment of the Russian Side of procedural, search and other actions by competent authorities outside places of dislocation of military forming such operations are performed by competent authorities of the Kyrgyz Side according to the written order of competent authorities of the Russian Side if they do not contradict the legislation of the Kyrgyz Republic.

Article 7

Production of the Kyrgyz Side of legal proceedings by competent authorities concerning persons which are part of military forming is performed in the presence of representatives of competent authorities of the Russian Federation at their request.

In these cases the detainee, the arrested (as well as the suspect, the person accused, the defendant) has the right to use services of the lawyer including provided by the Russian Side.

Production of the Russian Side of legal proceedings by competent authorities concerning citizens of the Kyrgyz Republic is performed in the presence of representatives of competent authorities of the Kyrgyz Republic at their request.

The party which requested participation of the representatives in the legal proceedings which are carried out by other Party within three days from the moment of receipt of the address provides arrival of the representatives to the venue of the corresponding legal proceedings.

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