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

of June 2, 1993

The government of the Russian Federation and the Government of the Republic of Latvia, hereinafter referred to as "Parties",

being guided by the principles containing in the main documents of the UN on human rights, provisions of the Helsinki Final act, and also documents of the Organization for Security and Co-operation in Europe

proceeding from the aspiration to regulate processes of resettlement of persons,

considering their voluntary desire, and also to determine cross liabilities and responsibility of the parties by assistance to immigrants,

agreed as follows:

Part of 1 Determination and scope of application

Article 1

This agreement extends to persons moving from the Russian Federation to the Republic of Latvia and from the Republic of Latvia to the Russian Federation.

Article 2

The terms used in this agreement are understood as follows:

"Immigrant" is the person who is voluntarily leaving the state of the permanent residence and moving to the permanent residence on the territory of other state.

Person which is voluntarily moving from the Russian Federation on the homeland to the Republic of Latvia - the state of the nationality or ethnic origin, is repatriate.

Under the term "members of the family of the immigrant" the spouses (spouse), the parents, children and also living together with the immigrant and conducting general economy other relatives, disabled dependents are recognized.

"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 migrant workers and seamen;

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

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

e) 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.

Article 4

Permission to moving is provided to immigrants by the state of entrance according to international legal regulations and the national legal system.

Part 2 Rights and obligations of immigrants and members of their families

Article 5

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

a) about content and the text of this agreement;

b) about resettlement conditions;

c) about the rights and obligations which they shall observe in the state elected for permanent residence;

d) about conditions of receipt of paid activities, possibility of education, professional training, retraining, career guidance, and also other conditions of accommodation (climatic, domestic, welfare and others) in the state elected for permanent residence.

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 domestic legislation of the state of departure by its national property;

b) sell or dispose of the property which is their personal property and export the received money in the declared procedure;

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

Personal and real estate cannot be alienated by the authorities of the state of departure based on the fact that his owner is the person who is constantly living outside the state or not being the citizen of the state of departure.

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.

In case of sale or transfer of the house, giving, garden lodge or other structure to other physical person or legal entity the property right passes in full to the new owner.

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

The Russian side will assist in privatization of housing from the state and municipal housing stock to the immigrants who got permission to moving.

The Latvian Side grants to immigrants right to sell of the occupied housing, and also the right to employment of living space and recommends to self-government institutions to organize auctions for sale of the specified housing. At the same time part of the realized sum, but no more than 10% of initial cost remains at the disposal of organizers of auction, other amount is transferred to the order to immigrants without taxation. The original cost is determined by participants of auction. Immigrants have the right to dispose of the living space and other methods which are not contradicting the legislation of the Republic of Latvia.

The parties do not interfere with the exchange of housing between immigrants made according to the procedure established by the national legal system.

In case of impossibility of realization of housing by the above-stated methods of the Party consider it expedient to create special migratory fund by means of which the immigrant can realize the living space.

Article 8

Ownership, use and the order of the property which is in property of immigrants is performed by them in full.

If the national legal system provides other, this agreement regulations are effective.

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

The 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.


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