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AGREEMENT

of October 16, 2015

About formation of Council of heads of penitentiary services 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

considering the international nature and modern scales of transnational organized crime posing safety hazard of the Parties

attaching importance to development of cooperation and aiming at coordination of interaction in realization of criminal and executive policy,

realizing that development of such cooperation is equitable to their interests,

proceeding from the purposes and tasks of the Commonwealth of Independent States,

agreed as follows:

Article 1

For the purposes of this agreement the penitentiary service is understood as the competent authority of the Party responsible for implementation of law-enforcement functions, functions of execution of criminal penalties concerning convicts and other enforcement powers of criminal law action, function on content of persons, suspects or the crimes accused of making, and the defendants who are in custody, to their protection and convoy, and also function on control of behavior conditionally condemned, conditionally ahead of schedule exempted from serving sentence, convicts who by court are granted serving sentence delay, and on control of finding of persons, suspects or the crimes accused of making, in places of execution of measure of restraint in the form of house arrest and behind observance by them of the bans and (or) restrictions imposed by court.

Article 2

The parties form Council of heads of penitentiary services of the State Parties of the Commonwealth of Independent States (further - Council).

Article 3

Council performs the activities based on Regulations on Council of heads of penitentiary services of the State Parties of the Commonwealth of Independent States which are integral part of this agreement.

Article 4

Each of the Parties determines the competent authority responsible for implementation of this agreement and informs on it depositary along with the notification on accomplishment of the interstate procedures necessary for the introduction of this agreement in force.

In case of change of the competent authority responsible for implementation of this agreement, the Party inform on it depositary.

Article 5

In the consent of the Parties changes and additions which are its integral part which are drawn up by the relevant protocols can be made to this agreement.

Article 6

This agreement does not affect the rights and obligations of each of the Parties following for it from other international treaties which participant she is.

Article 7

The matters of argument between the Parties arising in case of application and interpretation of this agreement are solved by consultations and negotiations of concerned parties or by means of other procedure approved by the Parties.

Article 8

This agreement becomes effective after 30 days from the date of receipt by depositary of the third notification on accomplishment by the Parties of the interstate procedures necessary for its entry into force which signed it.

For the Parties which performed interstate procedures later this agreement becomes effective after 30 days from the date of receipt by depositary of the relevant documents.

Article 9

This agreement is open for accession of any State Party of the Commonwealth of Independent States sharing its purposes and the principles by transfer to depositary of the document on accession.

For the joining state the Agreement becomes effective:

a) after 30 days from the date of receipt by depositary of the document on accession provided that at the time of delivery to depositary of documents on accession the Agreement became effective;

b) from the effective date Agreements provided that at the time of delivery to depositary of documents on accession the Agreement did not become effective.

Article 10

This agreement is signed sine die. Each of the Parties has the right to leave this agreement, having sent to depositary the written notice of the intention not later than 6 months before date of exit and having settled the financial and other liabilities which arose during operation of the Agreement.

It is made in the settlement of Burabay (Republic of Kazakhstan) on October 16, 2015 in one authentic copy in Russian. The authentic copy is stored in Executive committee of the Commonwealth of Independent States which will send to each state which signed this agreement, its verified copy.

For the Azerbaijan Republic

______________

For the Republic of Kazakhstan

Signature

For the Republic of Uzbekistan

______________

For the Russian Federation

Signature

For Ukraine

______________

For the Republic of Tajikistan

Signature

For Turkmenistan

______________

For the Republic of Armenia

Signature

For the Republic of Moldova

For the Republic of Belarus

Signature

For the Kyrgyz Republic

Signature

 

Appendix

to the Agreement on formation of Council of heads of penitentiary services of the State Parties of the Commonwealth of Independent States of October 16, 2015

Regulations on Council of heads of penitentiary services of the State Parties of the Commonwealth of Independent States

I. General provisions

1. Council of heads of penitentiary services of the State Parties of the Commonwealth of Independent States (further - Council) is body of industry cooperation of the Commonwealth of Independent States and is intended for ensuring coordination of interaction of penitentiary services in the penitentiary sphere.

2. Council is guided in the activities by the Charter of the Commonwealth of Independent States, international treaties and the decisions made within the Commonwealth of Independent States and also this Provision.

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