of October 7, 2002
About cooperation of the State Parties of the Commonwealth of Independent States in questions of return of minors to the states of their permanent residence
The governments of the State Parties of the Commonwealth of Independent States which are hereinafter referred to as with the Parties
being guided by the principle of special protection of children confirmed with the Convention on the Rights of the Child accepted on November 20, 1989 General Assemblies of the UN
noting importance of combination of efforts on protection of the rights and legitimate interests of minors and showing care of their wellbeing,
considering that the cooperation in questions of return of the minors which were left without care to the states of their permanent residence will promote the prevention of offenses, both from minors, and in relation to them,
agreed as follows:
For the purposes of this agreement the following terms are used:
the minor - person who did not reach age of majority according to the legislation of the state of stay and who in connection therewith the legislation has no rights independently to determine the place of the stay;
the right of parent guardianship and custody - the right to determine the place of residence of the minor provided to physical person or legal entity according to the law, the decision of judicial or administrative authority;
specialized agencies - the organizations performing according to the national legal system temporary content and the device of the minors who made offenses or left without care;
the minor who was left without popecheniyanesovershennoletniya, left without control from parents or legal representatives, being in the situation constituting danger to his life and health or promoting making by it of offenses and other illegal acts;
the state of permanent residence - the state in which there are physical persons or legal entities performing the right of parent guardianship and custody;
the expenses connected with transportation of minors - the finance costs including:
fare of minors to specialized agency of the state of permanent residence;
fare of accompanying persons of specialized agency of the state of stay to specialized agency of the state of permanent residence, including way back;
expenses on food of minors;
payment daily and room to accompanying persons of specialized agency of the state of stay on the established regulations.
Competent authorities of the Parties based on request render each other assistance in implementation of search and return to the states of permanent residence of the minors which were left without care.
In case of establishment that the minor placed in specialized agency is searched by other state for criminal prosecution or for execution of sentence, it can be issued to this state on the bases and according to the procedure, provided by international treaties.
The minors which left the state of permanent residence without the permission of the physical persons or legal entities performing the right of parent guardianship and custody, and appeared in the territory of the state of other Party will be located in specialized agencies of the state of other Party according to the procedure and on conditions, stipulated by the legislation the states of this Party.
The parties shall create favorable and equal conditions to all minors placed in specialized agencies.
The minors placed in specialized agencies contain in them for establishment of their personality, the reasons and conditions of arrival in the state of stay and the subsequent return to the state of their permanent residence.
Competent authorities of the Parties for the benefit of identification of the minor who is in the territory of other state gratuitously will provide on demand information allowing to determine the state of its permanent residence, and also, if necessary, the documents which are required for crossing of frontier by the minor and to the accompanying his faces in transit to the state of permanent residence. The physical person or legal entity performing the right of parent guardianship and custody, and also diplomatic representation (consular establishment) of the state of permanent residence of the minor in the state of stay is informed on the location of the minor.
The minors containing in specialized agencies are given for maintenance to the persons which arrived behind them performing the right of parent guardianship and custody or the staff of specialized agencies of the state of their permanent residence based on the relevant documents.
In case of receipt of the notification on impossibility of escort of the minors containing in specialized agencies by persons specified in part one of this Article within 30 days from the moment of receipt of this notification minors shall be sent to the nearest specialized agencies of the state of permanent residence specified in appendix to this agreement accompanied by officials of specialized agency of the state of stay.
Maintenance costs of minors in specialized agencies are incurred by the Party in the territory of which state they arose.
The expenses connected with transportation of minors are born by the state of their permanent residence.
Expenses, not stipulated in Article 1 this agreement, are compensated as agreed by the parties.
The expenses incurred by Side of the state of stay during transportation of minors to the state of their permanent residence are compensated by other Party in 30-day time from the moment of provision of the relevant reporting financial records by it.
Competent authorities of the Parties render assistance to the specialized agencies and persons accompanying minors to the states of their permanent residence in case of return, transit, execution of visas and in the decision another arising with respect thereto questions.
Competent authorities of the Parties exchange work experience of specialized agencies, and also the regulations, educational and methodical literature concerning the sphere of their activities.
Each of the Parties determines the competent authorities responsible for implementation of provisions of this agreement (with indication of circle of the resolved issues), and notifies on it depositary along with submission of information on accomplishment of the interstate procedures necessary for its entry into force.
The depositary based on the notifications received from the Parties creates the List of competent authorities, sends it to all agreement parties, and also reports about all changes of this List based on the notifications received from the Parties.
The parties when implementing cooperation within this agreement use Russian.
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