The agreement on legal status of citizens of one state which is constantly living in the territory of other state
of April 28, 1998
The Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation which are hereinafter referred to as with the Parties
for the purpose of further development of friendship between them,
aiming for the benefit of the citizens at providing equal conditions of their accommodation in the territory of each of the Parties and, in this regard, wishing to provide to the citizens of one Party who are constantly living in the territory of other Party, the legal status as close as possible to legal status of citizens of this other Party
agreed as follows:
1. For the purposes of this Agreement:
a) "permanent resident" means the citizen of one Party who is constantly living in the territory of other Party based on the permission issued by this other Party;
b) "The party of nationality" means the Party which citizen is the permanent resident;
c) "The party of accommodation" means the Party in the territory of which the permanent resident constantly lives.
1. The permission recognized by the Parties certifying the status of the permanent resident according to this Agreement is the document issued by competent authorities of the Party of accommodation or the mark which is put down by competent authorities of the Party of accommodation in identity documents and nationality of the permanent resident and issued according to the legislation of the Party of nationality.
2. The parties exchange samples of the documents specified in Item 1 of this Article through diplomatic channels.
3. Departure of the permanent resident out of limits of the territory of the Party of accommodation in connection with study, work, treatment, business trip, military service and in other similar cases, does not influence its legal status determined by this Agreement.
The permanent resident keeps legal bond with the Party of nationality, uses its protection and protection.
The permanent resident shall observe the laws and other regulatory legal acts, and also respect traditions and customs of the Party of accommodation.
The permanent resident has the same rights and freedoms, and performs the same duties, as citizens of the Party of accommodation with the withdrawals established by this agreement and Constitutions of the Parties.
Restrictions in the rights or subsidiary duties which can be established for foreign citizens aside of accommodation after entry into force of this Agreement do not extend to the citizen of one Party who is constantly living in the territory of other Party.
The permanent resident does not perform aside accommodation general conscription and can be limited by the law of the Party of accommodation in implementation of the following rights:
a) choose and be elected to the highest state positions and in elected state bodies of the Party of accommodation;
b) participate in the referenda (in popular vote) held by the Party of accommodation;
c) replace positions in bodies of representative, legislative, executive and judicial authority of the Party of accommodation, and also other positions, appointment to which assumes availability of nationality of the Party of accommodation.
Restrictions which are set do not extend to the permanent resident or can be established for foreign citizens aside of accommodation, connected with conditions and procedure for entrance, accommodation and departure.
1. The documents of the state sample on the education level and (or) qualification issued to the permanent resident in educational institution of the Party of nationality are recognized in the territory of the Party of accommodation irrespective of date of their issue.
2. The documents specified in Item 1 of this Article grant the right to the permanent resident to arrive in the educational institutions located in the territory of the either party and are valid in case of employment on the specialty specified in documents.
The permanent resident participates in privatization of state-owned property in the territory of the Party of accommodation on the conditions established according to the legislation of the Party of accommodation if other is not defined by other agreement between the Parties.
1. The documents granting the right to crossing of frontiers of the Parties with the states, not being participants of this Agreement are issued by diplomatic representations or consular establishments of the Party of nationality in the territory of the Party of accommodation in coordination with relevant organs of the Party of accommodation.
2. Restrictions for departure, the stipulated by the legislation Parties of nationality and Party of accommodation extend to the permanent resident. The parties will undertake measures to non-admission of departure to the states, not being participants of this Agreement, permanent residents concerning whom the restrictions for departure set according to the legislation of the Party of nationality or the Party of accommodation are effective.
1. Capacity to act of the permanent resident is determined by the legislation of the Party of nationality.
2. Capacity to act of the permanent resident concerning civil transactions is determined by the legislation of the Party of accommodation.
3. On cases on restriction or recovery of capacity to act of the permanent resident, and also on cases on recognition of the permanent resident it is unknown absent or the announcement the dead and on cases on factual determination of death of the permanent resident, competent authorities of the Party of accommodation inform diplomatic representation or consular establishment of the Party of nationality.
1. Adoption or its cancellation, establishment or cancellation of guardianship or custody in case adoptive father, the guardian or the custodian is the permanent resident, and person concerning whom adoption or its cancellation is performed, is established or cancelled guardianship or custody, is citizen of the Party of accommodation, are regulated by the legislation of this Party.
2. In case concerning the permanent resident adoption or its cancellation is performed, guardianship and custody is established or cancelled, the legislation of the Party of nationality is applied.
This Agreement does not cause damage to provisions of the legislation of the Parties to international treaties which are signed or can be concluded between them setting the mode more favorable, than that which is provided by this Agreement.
The disputes and disagreements arising in connection with application or interpretation of this Agreement are solved by consultations or negotiations between the Parties.
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