Agreement between the Government of the Russian Federation and Government of the Republic of Kazakhstan on regulation of process of resettlement and protection of the rights of immigrants

of July 6, 1998

The government of the Russian Federation and the Government of the Republic of Kazakhstan which are hereinafter referred to as with the Parties

being guided by the principles containing in the main documents of the UN on human rights

based on provisions of the Treaty of friendship, cooperation and mutual aid between the Russian Federation and the Republic of Kazakhstan of May 25, 1992,

proceeding from the aspiration to pursue the approved migration policy,

agreed as follows:

Article 1

This agreement extends to the citizens of the Russian Federation moving from the Republic of Kazakhstan to the Russian Federation and the citizens of the Republic of Kazakhstan moving from the Russian Federation to the Republic of Kazakhstan.

Application of this agreement to each particular person is single.

The parties recognize inadmissible any compulsion of persons to resettlement.

Article 2

The concepts used in this agreement have the following value:

"immigrant" - the citizen of the state of one of the Parties who is voluntarily leaving the territory of the state of the permanent residence and moving to the permanent residence on the territory of the state of the nationality;

"members of the family of the immigrant" - the spouses (spouse), the parents, minor children and also living together with the immigrant and conducting general economy other relatives, disabled dependents moving together with it;

"the state of departure" - the state of former permanent residence;

"the state of entrance" - the state of new permanent residence.

Article 3

This agreement is not applied to:

a) to refugees;

b) to the persons condemned for making of crimes and who are in places of detention;

c) to persons whose departure infringes on interests of safety of the state of permanent residence, before cancellation of the circumstances interfering departure;

d) to persons whose departure is postponed until execution of property obligations by them with which interests of the Parties, state, cooperative, public or other organizations and organizations, individuals are connected;

e) to persons which are temporarily in the territory of the state in connection with study, private and business travels;

e) to migrant workers;

g) to the military personnel who is on active duty and members of their families.

Article 4

Persons moving from the Russian Federation to the Republic of Kazakhstan and from the Republic of Kazakhstan to the Russian Federation based on this agreement receive in accordance with the established procedure the document confirming the status of the immigrant.

The form of such document is determined by state bodies of the Parties (further hereinafter are referred to as - authorized bodies), to which coordination of works on resettlement and control of observance of this agreement is assigned.

Article 5

Immigrants and members of their families have the right to free and free obtaining from migratory services of the states of the Parties of information:

a) about contents of this agreement;

b) about resettlement conditions;

c) about the rights and obligations of immigrants in the state of entrance.

Article 6

Immigrants and members of their families have the right:

a) export from the state of departure all personal estate declared before departure which is in their personal property taking into account the restrictions relating to export of the cultural values recognized according to the legislation of the state of departure by its national property, and also relating to objects which export is prohibited by the legislation of the state of departure;

b) sell or dispose of the property which is their personal property and export from the state of departure, and also import into the state of entrance the received money in the declared procedure in any currency and any number;

c) transfer the money deposits and assets placed in bank institutions of the state of departure to bank institutions of the state of entrance;

d) leave in the territory of the state of departure the personal and real estate belonging to them on the property rights, money deposits and assets, to perform right of possession, uses and orders in their relation.

Article 7

The parties are recognized for immigrants - the members of housing, building, country, garage and construction cooperatives, garden and gardening partnership or other cooperative who completely brought the share for the apartment, the dacha, the garden house, garage, other room or structure provided to them in use, the property right to this property.

Immigrants are granted the right ahead of schedule to pay share for the property provided in use and to draw up the property right to this property.

Article 8

Civil disputes concerning the property which is in the territory of the state of departure and being property of the immigrant between immigrants, members of their families, on the one hand, and interested persons, on the other hand, are solved judicially on the territories of this state according to its legislation.

Competent authorities of the state of entrance recognize the decisions of the courts of the state of departure which took legal effect on the specified disputes, including for the purposes of execution in the territory of the state of entrance.

Article 9

The parties provide in the territory of the state protection of immigrants and members of their families from any actions in the form of violence, threats and intimidation, and also other actions on the basis of sex, races, language, religion and beliefs, political or different views, national, ethnic or social origin, economic, property and marital status both from the state officials, and from individuals, groups, public associations and other organizations.

Article 10

The parties provide on mutual basis release of immigrants and members of their families from import restrictions and export of the personal property (except for the objects prohibited to export by the law of the state of departure, and the objects prohibited to import by the law of the state of entrance), customs duties, taxes and the charges connected with it.

The exported money and the transferred money deposits and assets are exempted from charges and duties, except for those which represent service fee on transfer.

Article 11

The state of departure renders assistance to immigrants and members of their families in sale or other form of the order by housing and other property which is in their property.

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