Convention on legal assistance and legal relations on civil, family and criminal cases
The State Parties of the Commonwealth of Independent States, the participants of this Convention who further are referred to as with Contracting Parties
proceeding from the aspiration to provide to citizens of each of Contracting Parties and other persons living on its territories, reliable legal protection of their personal, property and non-property rights in the territories of all Contracting Parties
attaching importance to development of cooperation in the field of rendering justice of legal assistance by organizations on civil, family and criminal cases,
agreed as follows:
Provision of legal assistance
1. Citizens of each of Contracting Parties, and also other persons living in its territory use in the territories of all other Contracting Parties the same legal protection of their personal, property and non-property rights, as well as own citizens of this Contracting Party.
2. Citizens of each of Contracting Parties, and also other persons living in its territory have the right freely and freely to turn to the courts, prosecutor's office, law-enforcement bodies, security service and other organizations of other Contracting Parties within which competence civil, family and criminal cases are (further the justices which are referred to as with organizations) can act in them, submit petitions, make claims and perform other legal proceedings on the same conditions, as citizens of this Contracting Party.
3. The term "civil cases" used in this Convention includes also the cases concerning resolution of economic disputes.
4. Provisions of this Convention are applied also to legal entities.
1. Citizens of each of Contracting Parties and other persons living in its territory are exempted from payment and compensation of the judicial and notarial fees and costs, and also own citizens use free legal aid in the territories of other Contracting Parties on the same conditions, as.
2. The privileges provided in Item 1 of this Article extend to all legal proceedings performed on civil, family and criminal cases including execution of the decision or sentence.
Submission of the document on marital and property status
1. Privileges, stipulated in Article the 2nd this Convention, are provided based on the document on marital and property status of person initiating the petition. This document is issued by competent organization of the Contracting Party in the territory of which the applicant has residence or residence.
2. If the applicant has no in the territory of the Contracting Party of residence or residence, then it is enough to submit the document issued by the relevant diplomatic representation or consular establishment of the Contracting Party which citizen he is.
3. The organization passing the decision according to the petition for provision of privileges can request from the organization which issued the document the additional made or necessary explanations.
1. Organizations of justice of Contracting Parties afford mutual legal assistance on civil, family and criminal cases according to provisions of this Convention.
2. Organizations of justice of Contracting Parties give legal assistance and to other organizations of Contracting Parties on the cases specified in Item 1 of this Article.
3. The legal assistance is given based on orders and others, the appeals provided by this Convention sent by organizations of justice of the requesting Contracting Party to organizations of justice of the required Contracting Party.
1. When rendering legal assistance competent organizations of justice of Contracting Parties communicate with each other through the central, territorial and other authorities if only this Convention does not establish other procedure for the intercourses. Contracting parties determine the list of the central, territorial and other authorities authorized on implementation of the direct intercourses what notify depositary at the time of delivery of instruments of ratification or documents on accession on.
Contracting Parties notify depositary on changes in the list of the central, territorial and other authorities.
2. The intercourses concerning execution of orders about carrying out the legal proceedings and search actions requiring the sanction of the prosecutor (court) are performed through bodies of prosecutor's office.
Contracting parties afford mutual legal assistance by accomplishment of legal and other proceedings, stipulated by the legislation the required Contracting Party, in particular, of creation, transfers and deliveries to the addressee of documents, productions of surveys, searches, dredging, transfers of physical evidences, conducting examinations, interrogation of the parties, the third parties, suspects, persons accused, victims, witnesses, civil claimants, civil defendants, their representatives, legal representatives of persons accused, experts, presentations for identification, including with use of video conference, video and other technical means, search of persons, implementation of investigation and search operations within the investigated criminal case, criminal prosecution, issue of persons for attraction them to criminal liability or enforcement of the sentence, search and arrest (withdrawal) of the money and property received in the criminal way and also the income from criminal activities, search of property and money of civil defendants for execution of decisions in civil cases, commercial and other economic disputes, recognitions and execution of executive texts, judgments on civil cases and sentences.
Contracting parties can afford mutual legal assistance and in other forms and types, proceeding from specific circumstances, interests of justice and society in general and according to the domestic legislation of Contracting Parties.
1. In the order about rendering legal assistance shall be specified:
a) name of organization of justice of the required Contracting Party;
b) the name of organization of justice of the requesting Contracting Party;
c) the name and file number on which the legal assistance is requested;
d) data on physical person: surname, name, middle name, birth date and birth place, residence, nationality, kind of activity; about the legal entity: name, legal address or location, bank details and fiscal codes;
e) in the presence of representatives of persons specified in the subitem "g", their surnames, names, middle names and addresses;
e) need of ensuring confidentiality of receipt of the order and the data received during its execution;
g) contents of the order, and also other data necessary for its execution.
2. In the order about delivery of the document the exact address of the receiver and the name of the handed document shall be also specified.
3. The order shall be signed by person in whose production there is case, and is sealed official organizations of justice of the requesting Contracting Party. In the order also contact telephone numbers and other communication channels are specified.
4. Drawn up according to requirements of Items 1 - 3 these Articles the order about rendering legal assistance goes to organization of justice of the required Contracting Party the head of organization of justice of the requesting Contracting Party with observance of provisions of article 5 of this Convention.
5. In cases, being urgent, the order about legal assistance which is drawn up according to the rules established by this Article can be directed on fax connection, and also with use of other means of communication. At the same time the original of the order shall be directed by mail or the courier.
1. In case of execution of the order about rendering legal assistance the organization of justice of the required Contracting Party applies the legislation of the Contracting Party. At the request of organization of justice of the requesting Contracting Party it can apply procedural rules of the requesting Contracting Party if they do not contradict the legislation of the required Contracting Party. At the same time the requesting Contracting Party shall provide the text of the procedural law.
2. If the organization of justice of the required Contracting Party is not competent to perform the order, then it sends it to 5-day time to competent organization of justice and notifies on it organization of justice of the requesting Contracting Party.
3. At the request of organization of justice of the requesting Contracting Party the organization of justice of the required Contracting Party timely reports to it about time and the place of execution of the order the representatives authorized by it could with the consent of organization of justice of the required Contracting Party and according to its legislation to be present at execution of the order, and also if it does not contradict the legislation of the required Contracting Party, to take part in accomplishment of legal proceedings and search actions.
4. If the exact address of person specified in the order is unknown, the organization of justice of the required Contracting Party takes necessary measures for establishment of its exact address (location).
5. After accomplishment of the order the organization of justice of the required Contracting Party sends the received documents, objects and materials to organization of justice of the requesting Contracting Party if other is not provided by this Convention. If the legal assistance could not be given, the organization of justice of the requesting Contracting Party is notified on circumstances which interfere with execution of the order.
Challenge of the victims, civil claimants, civil defendants, their representatives, witnesses, experts and other persons
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