Agreement of the State Parties of the Commonwealth of Independent States on interstate search of persons

of December 10, 2010

The State Parties of the Commonwealth of Independent States which are hereinafter referred to as with the Parties

understanding need of acceptance of effective measures for protection of legitimate rights and freedoms of man and citizen,

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

based on provisions of international treaties which participants are the Parties,

expressing aspiration to creation of effective mechanisms of cooperation in interstate search of persons,

agreed as follows:

Article 1

For the purposes of this Agreement the following terms are used:

a) competent authorities of the Parties - the bodies authorized according to the national legal system of the Parties to enter the intercourses concerning interstate search of persons and to make decisions on the announcement (termination) of interstate search and/or to perform it;

b) interstate search of persons - complex of the operational search, search, information and analytical and other actions directed on:

detection, detention and detention for the purpose of issue or the implementation of criminal prosecution of persons disappearing from bodies of inquiry, investigation or court and evading from serving of criminal penalty;

establishment of the location of persons evading from execution of decision of the courts in claims;

establishment of the location of persons, missing persons or lost communication with relatives;

identification of the person not capable to report about itself adjusting data;

identification of the person on unknown corpse,

and also provision of information on all categories of the searched and identified persons who are outside the state initiator of search, but in the territories of the Parties;

c) person disappearing from body of inquiry, the investigation or судалицо concerning whom there is decision of body of inquiry, investigation or court on the announcement in search;

d) person evading from execution of sentence on criminal case or the judgments in the claim - the person condemned for crime execution or obliged by the judgment to obligation fulfillment, disappearing for the purpose of evasion from execution of sentence on criminal case or the judgments which location is unknown, concerning which there is judgment about the announcement in search or other legal decisions;

e) person, missing - person concerning whom in competent authority the statement or the message on disappearance arrived;

e) person which lost communication with relatives - the person which owing to the different reasons is not maintaining any relations with relatives and not reporting data on the location concerning which in competent authority the statement for search arrived;

g) person not capable to report about itself adjusting data - person who owing to disease, age or other condition is not capable to report to competent authority the data allowing to identify his personality with reliability.

Article 2

1. The parties according to this agreement, other international treaties and the national legal system perform cooperation in interstate search of persons through the competent authorities.

2. The list of competent authorities is determined by each Party and transferred to depositary in case of delivery to storage of the notification on accomplishment of the interstate procedures necessary for the introduction of this Agreement to force.

Each of the Parties in writing notifies in a month depositary on changes in the list of competent authorities.

Article 3

1. Competent authorities of the Parties perform cooperation in the following forms:

a) execution of requests about holding actions for interstate search of persons;

b) exchange of operational, search, operational and help, criminalistic and other information about the searched persons;

c) planning and implementation of the coordinated investigation and search operations;

d) the direction of agents of the parties in coordination with their competent authorities in official journeys for coordination of actions when conducting investigation and search operations;

e) rendering assistance to the staff of competent authorities of the Parties during their stay in official journeys;

e) work experience exchange, holding joint meetings, conferences and seminars;

g) rendering assistance in preparation, retraining and advanced training of personnel;

h) exchange of legislative and other regulatory legal acts, methodical recommendations;

i) participation in forming and maintaining centralized information array of interstate search of persons.

2. Competent authorities of the Parties can perform cooperation in other mutually acceptable forms.

Article 4

Competent authorities of the Parties perform interstate search of persons:

a) disappearing from bodies of inquiry, investigation or court and evading from serving of criminal penalty;

b) the decisions of the courts evading from execution in claims;

c) missing persons;

d) lost communication with relatives,

and also in case of identification of the person not capable to report about itself adjusting data, and on unknown corpse.

Article 5

1. The organization of interstate search of persons is performed by means of the requests provided by this Agreement and other appeals sent by competent authorities of the requesting Party to competent authorities of the required Party.

Information can be provided to other Party without request if reasons to believe are had that it is of interest to this Party.

2. The inquiry is sent in writing on the official form of competent authority of the requesting Party, signed by the head of this body and makes sure official stamp.

The request can be transferred in immediate cases:

a) shifrotelegrammam;

b) in electronic form on the high-level network of data transmission;

c) with use of other technical means of transfer of the text;

d) orally with the subsequent obligatory written confirmation in time no later than three days.

3. In request are specified:

a) names of competent authorities of the requesting and requested Parties;

b) number, date and basis of institution of search case;

c) purpose and reasons for request;

d) if necessary - the description of special procedure for execution of request and reasons for this need;

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

The competent authority of the required Party has the right to request the additional data necessary for proper execution of request.

4. Execution of request can be postponed or can be refused its execution if the competent authority of the required Party believes that execution of request can cause damage to sovereignty, to safety, public order or other essential interests of its state or contradicts the national legal system or the international obligations of the required Party.

5. Performed by request or delay of its execution the competent authority of the required Party notifies competent authority of the requesting Party with indication of cause of failure or delay on refusal.

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