Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

The contract between the Kyrgyz Republic and the Republic of Tajikistan on rendering mutual legal assistance on civil, family and criminal cases

of May 6, 1998

The Kyrgyz Republic and the Republic of Tajikistan which are hereinafter referred to as with Contracting Parties

being guided by the universally recognized norms of international law,

proceeding from the aspiration to provide equal legal protection of personal and property rights of citizens of both Contracting Parties,

attaching importance to development of legal cooperation in civil, family and criminal cases, agreed as follows:

CHAPTER I. GENERAL PROVISIONS

Article 1. Legal protection

1. Citizens of one of Contracting Parties, and also other persons who are constantly living in its territory use in the territory of other Contracting Party concerning the personal and property rights the same legal protection, 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 address to judicial authorities, courts, prosecutor's office, law-enforcement bodies and other organizations of other Contracting Party within which competence civil, family and criminal cases are (further the referred to as "organizations of justice") can act in them, initiate petitions, make claims and perform other legal proceedings on the same conditions, as citizens of this Contracting Party.

3. Provisions of Items 1 and 2 of Article 1 of this Agreement are applied respectively to legal entities and the educations equated to them founded in the territories of Contracting Parties according to their legislation.

Article 2. Remission and cost recovery

1. Citizens of each Contracting Party, and also other persons who are constantly living in its territory are exempted in the territory of the Contracting Party from payment and compensation of the judicial and notarial fees and costs, and also own citizens of this Contracting Party use free legal aid on the same conditions and in the same amount, as.

2. The privileges provided in Item 1 of this Article extend to all legal proceedings performed on specific case including execution of the decision.

Article 3. Provision of documents on personal, marital and property status

1. Privileges, stipulated in Article 2 this Agreements, are provided based on documents on personal, marital and property status of person initiating the petition for privileges. These documents are issued by competent organizations of the Contracting Party in the territory of which has residence or residence of this person.

2. If person initiating the petition has no in the territory of Contracting Parties of residence or residence, then documents, stipulated in Item 1 this Article, can be issued to it by the relevant diplomatic representation or consular establishment of the Contracting Party which citizen he is.

3. The organization of justice passing the decision according to the petition for provision of privileges can request in case of need from the organization which issued documents additional data or necessary explanation.

CHAPTER II. LEGAL ASSISTANCE

Article 4. Rendering legal assistance

1. Organizations of justice of Contracting Parties afford mutual legal assistance on civil, family and criminal cases according to provisions of this agreement.

2. Organizations of justice give legal assistance and to other organizations on the cases specified in Item 1 of this Article.

Article 5. Amount of legal assistance

Organizations of justice of Contracting Parties give each other legal assistance by accomplishment of legal and other proceedings, stipulated by the legislation the required Contracting Party, including:

a) creation and transfers of documents, provisions of originals or verified copies of the relevant documents and materials, including bank, financial, legal and business documents;

b) carrying out search, dredging and withdrawal of objects and documents, seizure of property, transfer and issue of physical evidences;

c) carrying out survey and survey;

d) examination productions;

e) interrogation of the parties, victims, persons accused, witnesses, experts;

e) search of persons accused of making of offenses, and also persons, missing persons, issues of persons accused of making of offenses and also for enforcement of the sentence;

g) initiation of criminal prosecution;

h) provisions of court documents;

i) recognitions and execution of judgments on civil and family cases, sentences on criminal cases, regarding the civil action, executive texts;

j) by delivery of documents.

Article 6. Procedure for the intercourses

1. When rendering justice of Contracting Parties to legal assistance of organization communicate with each other through the competent authorities.

2. Treat competent authorities:

from the Kyrgyz Republic - the Ministry of Justice of the Kyrgyz Republic, the Prosecutor General's Office of the Kyrgyz Republic, Judicial Department of the Kyrgyz Republic and the Ministry of Internal Affairs of the Kyrgyz Republic;

from the Republic of Tajikistan - the Ministry of Justice of the Republic of Tajikistan, the Prosecutor General's Office of the Republic of Tajikistan, the Ministry of Internal Affairs of the Republic of Tajikistan.

Article 7. Content of request for rendering legal assistance

1. The request for rendering legal assistance shall contain:

a) the name of the requesting organization of justice and the name of required organization of justice;

b) the name of case according to which the legal assistance, statement of the purpose of request and the description of the required help is requested;

c) names and surnames of the parties, the victims, witnesses, suspects, persons accused, defendants or convicts, data on their residence or residence, nationality, occupation, for legal entities their name and the location;

d) in the presence of representatives of persons specified in the subitem "v" and their names, surnames and addresses;

e) the reasons of application and the detailed description of the specific procedure which accomplishment is required;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

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

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.