Agreement between prosecutor's office of the Russian Federation and Prosecutor General's Office of Ukraine on legal assistance and cooperation
of May 21, 1993
Prosecutor's office of the Russian Federation and the Prosecutor General's Office of Ukraine the hereinafter referred to as Parties,
- proceeding from the principle of the state sovereignty,
- based on the universally recognized norms of international law and interstate agreements,
- attaching importance to strengthening of cooperation in the field of legal relations for ensuring protection of the rights of citizens and legal entities,
- being guided by the principles of equality, mutual understanding and mutual interests,
- for the purpose of determination of conditions of cooperation in field of activity of Prosecutor's offices,
agreed as follows:
1.1. The legal assistance appears the Parties within their competence on questions:
- transfers of materials of public prosecutor's and investigative activities, including archival materials;
- initiations of legal proceedings and investigations of crimes;
- accomplishment of separate legal proceedings;
- implementation of the supervising functions connected with investigation of crimes, consideration of claims of citizens on criminal cases according to the legislation of the Country of execution of sentence;
- assistance in search of persons who committed crimes, missing persons and also in convoy of arrested and convicts;
- rehabilitations illegally convicts and repressed persons, recovery of their lost rights, compensation of material and moral damage in the procedure established by the law;
- environmental protections.
1.2. The parties find it possible to give legal assistance and on other questions of public prosecutor's activities, and also to expand other cooperation, including work experience exchange, statistical information, methodical developments, data on the current legislation and the drafted bills, in advanced training of employees of prosecutor's offices, material logistics.
2.1. In case of investigation of the crimes having interstate nature (organized crime, drug trafficking, terrorism, environmental disasters and others) heads of the Parties or persons authorized by them coordinate the performed actions.
2.2. The question of investigation of the crimes committed in the territory of both states and also of supervision of the investigation of these cases, is solved under the agreement of heads of the Parties.
2.3. Employees of bodies of prosecutor's office of both states have the right to be present at production of the investigative operations performed by the required Party at the request of the requesting Party.
2.4. Prosecutor's offices inform each other on criminal prosecution in the territory of its state of persons who committed crimes in the territory of the state of other Party.
2.5. The parties at request represent each other data on initiation of legal proceedings, and also on the sentence which took legal effect concerning citizens of the state of other Party.
2.6. The parties, proceeding from regulations of the legislation of the states on foreign economic activity and procedure for permission of economic disputes, shall check in the presence of the corresponding appeals of business entities of the state of other Party legality and justification of the decisions of the courts infringing on their interests and Arbitration Courts.
3.1. The legal assistance can be given by accomplishment of orders, inquiries or requests of one of the Parties which are sent to the relevant central organ of other Party.
3.2. Orders about rendering legal assistance, requests and requests shall be constituted in writing and contain the following necessary data:
- the name of body to which they are turned;
- the name of case or material on which they go;
- biographical particulars of persons concerning which actions, the available data on sort of their occupations, the residence or stay, in need of data on their legal representatives are made;
- contents of the order, request or request, and on criminal cases the description of circumstances of the committed crime, its legal qualification, the available proofs;
- other data necessary for accomplishment of the order, request or request.
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