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The contract between the Republic of Kazakhstan and the Republic of Uzbekistan on legal assistance and legal relations on civil, family and criminal cases

of June 2, 1997

The Republic of Kazakhstan and the Republic of Uzbekistan 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 to civil, family and criminal cases,

agreed as follows:

Section I General provisions

Part I Legal protection

Article 1. Provision of legal protection

1. Citizens of each 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 non-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 turn to the 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 this agreement are applied respectively to the legal entities founded in the territories of Contracting Parties according to their legislation and also other organizations having standing in court.

Article 2. Duty relief and cost recoveries

1. Citizens of each of Contracting Parties, and also other persons who are constantly living in its territory are exempted in the territory of other 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. Submission 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 this person has residence or residence.

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 maybe in case of need to request from the organization which issued documents the additional made or necessary explanations.

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

3. Other organizations, on the cases specified in Item 1 of this Article direct requests for legal assistance through organizations of justice.

Article 5. Amount of legal assistance

Organizations of justice of Contracting Parties give each other legal assistance by accomplishment of legal, operational search 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 crimes, and also persons, missing persons, issues of persons accused of making of crimes and also for enforcement of the sentence;

e) initiation of criminal prosecution;

g) provisions of court documents;

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

i) by delivery of documents.

Article 6. Procedure for the intercourses

When rendering justice of Contracting Parties to legal assistance of organization communicate with each other through the central bodies if only this Agreement does not establish other procedure for the intercourses.

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" - their names, surnames and addresses;

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

e) on criminal cases also the description and qualification of the committed crime, statement or the text of the relevant laws, and also data on the size of material damage if it was caused as a result of act;

g) specifying of terms during which accomplishment of request is expected, when necessary.

2. If necessary properly verified copies of documents or the statement from them facilitating accomplishment of request or necessary for the legal proceedings authorized by prosecutors are attached to request.

3. In request for delivery of documents the exact address of the receiver and the name of documents shall be also specified.

4. The request shall be signed by the corresponding official and is sealed official the requesting organization of justice.

Article 8. Procedure for execution

1. In case of execution of request for rendering legal assistance the required organization of justice applies the legislation of the state. At the request of organization of justice from which the request proceeds it can apply also procedural rules of the requesting Contracting Party if only they do not contradict the legislation of the required Contracting Party.

2. If the required organization of justice is not competent to comply with request for rendering legal assistance, it sends request to competent organization and notifies on it the requesting organization of justice.

3. At the request of the requesting organization of justice the required organization of justice timely reports to it and concerned parties about time and the place of execution of request for legal assistance they could be present at execution of request if it is allowed by the legislation of the required Contracting Party.

4. If the exact address of person specified in the order is unknown, the required organization of justice accepts according to the legislation of the Contracting Party in the territory of which it is necessary measures for establishment of the address.

5. Organizations of justice of Contracting Parties shall take necessary measures to timely and complete execution of requests for legal assistance. After execution of request the organization of justice in case of need returns to the requesting organization of justice documents which were attached to request for rendering legal assistance.

6. In that case when the legal assistance cannot be given according to Article 19 of this Agreement, the required organization of justice returns to the requesting organization of justice request for legal assistance and the enclosed documents.

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