The agreement on cooperation of the Prosecutor General's Offices (prosecutor's offices) of the State Parties of the Commonwealth of Independent States in the field of protection of the rights and legitimate interests of minors

of May 25, 2006

The Prosecutor General's Offices (prosecutor's offices) of the Azerbaijan Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, Ukraine which are hereinafter referred to as by the Parties

proceeding from the aspiration to provide compliance with law, directed to protection of the rights, freedoms and legitimate interests of minors,

being concerned by scales and tendencies of rise in crime against minors, especially in its organized forms,

aiming to provide effective counteraction to violations of the rights and legitimate interests of minors,

being guided by the conventional principles and rules of international law in the field of protection of human rights and freedoms,

in view of regulations of the Convention of the United Nations on the child's rights of November 20, 1989, the Optional Protocol to the Convention on the Rights of the Child concerning trade in children, child prostitution and child pornography of May 25, 2000, the United Nations Convention Against Transnational Organized Crime of November 15, 2000 and supplementing it the Protocol on the prevention and suppression of human trafficking, especially with women and children and punishment for it of November 15, 2000,

being guided by fundamental documents of the Commonwealth of Independent States,

wishing to render each other broader assistance and to increase efficiency of cooperation in the field,

agreed as follows:

Article 1

1. The parties, being guided by the national legal system, the international obligations of the State Parties of the Commonwealth of Independent States and this agreement, within the competence perform cooperation for the purpose of protection of the rights and legitimate interests of minors, development of the approved strategy and joint efforts in this sphere.

2. This agreement does not raise the questions of rendering legal assistance on criminal cases and issues.

Article 2

The parties perform within this agreement cooperation, in particular in the following forms:

1. Exchange of statistical, scientific and methodical and other information in the field of protection of the rights and legitimate interests of minors, including about:

to practice of work of bodies of prosecutor's office in the field of protection of the rights and legitimate interests of minors;

to practice of legislative and other normative legal regulation of the rights and legitimate interests of minors;

minor citizens of the State Parties of the Commonwealth of Independent States which left the states of their origin or permanent residence in defiance of requirements of the legislation on entrance and departure of citizens;

minor citizens of the State Parties of the Commonwealth of Independent States which illegally are staying in the territory of the state of one of the Parties and not having legal representatives;

the crimes of transnational nature committed concerning minors.

2. Development and acceptance of agreed measures for the purpose of increase in efficiency of public prosecutor's response to violations of the law about the rights and legitimate interests of minors.

Article 3

1. The parties exchange experience of the organization and implementation of public prosecutor's activities in the field of protection of the rights and legitimate interests of minors, including preparation of scientific and methodical recommendations, holding seminars, nauchnopraktichesky conferences.

2. The parties perform cooperation in the field of preparation and advanced training of staff of bodies of prosecutor's office.

Article 4

The parties by agreement conduct joint scientific research in the field of protection of the rights and legitimate interests of minors.

Article 5

1. The parties in case of accomplishment of this agreement perform cooperation through the central, territorial and (or) specialized authorities authorized on implementation of the direct intercourses.

2. The parties determine the bodies authorized on implementation of the direct intercourses (further - competent authorities) what notify depositary in 30-days time from signature date of the Agreement by the direction of the corresponding list on. In the same time of the Party notify depositary of this agreement on modification and amendments in the lists.

Article 6

1. The cooperation within this agreement is performed based on requests of the concerned party about rendering assistance or at the initiative of the Party assuming that such assistance is of interest to other Party.

2. The inquiry is sent for rendering assistance in writing, including with use of technical means of transfer of the text or e-mail. In case of doubt in authenticity or content of request additional confirmation can be requested.

3. The request about rendering assistance shall contain:

a) the name of the body requesting assistance and required body;

b) statement of merits of case (material);

c) purpose and reasons for request;

d) description of content of required assistance;

e) any other information which can be useful to proper execution of request.

4. The request about rendering assistance transferred or confirmed in writing is signed by the head of the requesting competent authority or its deputy and makes sure official stamp of this body.

Article 7

1. The competent authority of the required Party takes all necessary measures for ensuring timely and complete execution of request.

The requesting Party without delay is notified on the circumstances interfering execution of request or significantly detaining its execution.

2. The competent authority of the required Party has the right to request the additional information, necessary, in his opinion, for proper execution of request.

3. In case of execution of request the legislation of the state of the required Party is applied.

4. Performed by request it can be fully or partially refused if the competent authority of the required Party believes that execution of request can entail violation of the rights and legitimate interests of the minor or prevent criminal prosecution or other actions for identification, the prevention or control of offenses performed in the territory of its state. In that case it can postpone execution of request or connect its execution with observance of the conditions determined as necessary after consultations with the requesting Party. If the requesting Party agrees to rendering assistance to it on the offered terms, then it shall comply with these conditions.

5. The competent authority of the required Party in perhaps short terms informs competent authority of the requesting Party on results of execution of request.

6. If the competent authority of the requesting Party determines that need performed by request disappeared, then it without delay notifies on it competent authority of the required Party.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info