AGREEMENT

of October 16, 2015

About procedure for creation and activities of joint operational-investigations groups in the territories of the State Parties of the Commonwealth of Independent States

The State Parties of the Commonwealth of Independent States which are hereinafter referred to as with the Parties

recognizing need of enhancement of the legal base of cooperation for crime counteraction,

expressing intention to deepen cooperation in disclosure of crimes and investigation of criminal cases,

being guided by the conventional principles and rules of international law,

based on provisions of international treaties which participants are the Parties,

agreed as follows:

Article 1

The terms used in this agreement mean the following:

"the interconnected crimes" - the crimes committed by one or several persons in the territories of two or more Parties or infringing on them on interests;

"the central competent authorities of the Parties" - the state bodies authorized according to this agreement and legislation of the Parties to make decisions on creation, the termination of activities of joint operational-investigations groups and appointment of their heads;

"competent authorities of the Parties" - the bodies authorized according to the legislation of the Parties to perform preliminary inquiry and investigation and search operations, to make decisions on creation and activities investigative, operational-investigations groups;

"joint operational-investigations group" - the group created under approval of the central competent authorities of the Parties, consisting of two and more national investigative, operational-investigations groups of competent authorities of the Parties;

"the head of joint operational-investigations group" - the official designated under approval between the central competent authorities of the Parties for coordination of activities national investigative, operational-investigations groups within the powers determined by this agreement;

"the simplified order of interaction (intercourses)" - direct interaction (intercourse) of members of joint operational-investigations group with each other.

Article 2

The purpose of this agreement is regulation of questions of creation, activities and the termination of activities of joint operational-investigations groups in the territories of the Parties for disclosure and investigation of the interconnected crimes on the criminal cases which are in production of competent authorities of the Parties, integrated to need of provision of proofs or carrying out legal proceedings and (or) investigation and search operations in the territories of two and more Parties.

Article 3

1. The legal basis of creation, activities and termination of activities of joint operational-investigations groups is constituted by this agreement, other applicable international agreements which participants are the Parties, and the legislation of the Parties.

2. Joint operational-investigations groups are form of cooperation of competent authorities of the Parties in disclosure of crimes and investigation of criminal cases.

Article 4

The main objectives of joint operational-investigations groups are:

a) the approved activities of competent authorities of the Parties for disclosure of crimes and investigation of criminal cases;

b) the organization of the simplified order of interaction (intercourse);

c) creation of conditions for operational exchange of information;

d) mutual informing on the course of accomplishment of coordinated actions on disclosure of crimes and investigation of criminal cases;

e) actions planning according to the pushed versions and their check in the territories of the Parties;

e) organization of carrying out researches and examinations;

g) the solution of the questions connected with storage and transfer of physical evidences;

h) accomplishment of orders about carrying out legal proceedings and (or) investigation and search operations according to the legislation of the required Party. At the request of competent authority of the requesting Party the legislation of the requesting Party can be applied if it does not contradict the legislation and (or) the international obligations of the required Party;

i) coordination and interaction when carrying out legal proceedings and (or) investigation and search operations in the territories of the Parties.

Article 5

1. The offer on creation of joint operational-investigations group is drawn up by inquiry which is sent to the central competent authority of the required Party by the central competent authority of the requesting Party. The request shall contain the following data:

a) name of the central competent authority of the required Party;

b) the name of the central competent authority of the requesting Party;

c) number of the competent authority of the requesting Party of criminal case which is in production about crime, disclosure and (or) investigations of which requires creation of joint operational-investigations group, the description and qualification of the committed crime by the legislation of the requesting Party and the text the applied law provisions this about the extent of damage if it was caused as a result of criminal action;

d) the name of division of the competent authority performing investigation;

e) reasons for need of creation of joint operational-investigations group, the list of officials national investigative and (or) operational-investigations group of the requesting Party, the offer on the candidate for the head of joint operational-investigations group;

e) the preliminary list of legal proceedings and (or) investigation and search operations which the joint operational-investigations group should conduct in the territory of the required Party;

g) the available data which are of interest to investigation:

about physical person: surname, name, middle name, birth date and birth place, residence, nationality, kind of activity;

about the legal entity: name, legal address and (or) location, bank and other details;

h) in the presence of representatives of persons specified in the subitem "zh", their surnames, names, middle names and addresses;

i) need of ensuring confidentiality of receipt of request and the data received during its execution;

j) contact telephone numbers and other communication channels;

k) if necessary expected procedure for execution of the possible expenses connected with activities of joint operational-investigations group;

l) other necessary data.

2. The request is signed by the head (deputy manager) of the central competent authority of the requesting Party and sealed official this body.

3. The central competent authority of the required Party can request from the central competent authority of the requesting Party the additional data, necessary, in his opinion, for execution of request.

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