The contract between the Republic of Kazakhstan and the Kyrgyz Republic on rendering mutual legal assistance on civil and criminal cases
of August 26, 1996
The Republic of Kazakhstan and the Kyrgyz Republic, hereinafter referred to as "Contracting parties",
for the purpose of development of cooperation in the field of legal relations, rendering each other legal assistance on civil and criminal cases on the basis of reciprocity and respect of sovereignty,
agreed as follows:
1. Citizens of one Contracting Party use in the territory of other Contracting Party the same legal protection of the personal and property rights, as well as citizens of other Contracting Party. They have the right to turn to the courts, judicial authorities, prosecutor's offices and other organizations within which competence civil and criminal cases are and can initiate petitions and perform other legal proceedings on the same conditions, as well as citizens of other Contracting Party.
2. Provisions of Item 1 are applied also to legal entities, and the educations equated to them founded in the territory of each of Contracting Parties according to their national legal system.
3. The term "civil cases" used in this Agreement includes matrimonial, labor, heritable, economic cases.
Bodies and organizations Agreeing the Parties, mentioned in item one of Article 1 of this Agreement afford mutual legal assistance on civil and criminal cases according to the competence determined by the legislation of the country.
Contracting parties give each other legal assistance with observance of requirements of the legislation in the way:
- accomplishment of legal proceedings;
- transfers and deliveries of documents;
- transfers of physical evidences;
- directions of case papers;
- recognitions and execution of judgments;
- providing claim;
- provisions to the requesting party of criminal record;
- search of persons;
- conducting investigation and search operations;
- issues of persons who committed crimes for attraction them to criminal liability or enforcement of the sentence;
- implementation of criminal prosecution.
1. In case of the address on civil and criminal cases courts and other bodies and organizations of Contracting Parties communicate with requests for rendering legal assistance among themselves through the competent organizations if this Agreement does not establish other.
2. Treat the competent organizations mentioned in Item 1 of this Article:
from the Republic of Kazakhstan - the Ministry of Justice of the Republic of Kazakhstan, the Prosecutor General's Office of the Republic of Kazakhstan;
from the Kyrgyz Republic - the Ministry of Justice of the Kyrgyz Republic, the Prosecutor General's Office of the Kyrgyz Republic and Judicial department.
1. Organizations of Contracting Parties in case of the mutual intercourses on all questions raised in this Agreement use state languages of the Parties.
2. As working language Russian can be used.
1. The documents sent by competent authorities of Contracting Parties according to the procedure of legal assistance, constituted in state language shall be translated into Russian both are signed by the competent person and certified by seal.
2. The parties under the mutual agreement can establish models of document creation which will be used in case of the request for rendering legal assistance.
The request (order) for rendering legal assistance shall be constituted in writing and have the following details taking into account contents of the order: a) the name of the requesting organization;
b) name of required organization;
c) the name of case according to which the legal assistance and content of request (order) is requested;
d) names and surnames of persons concerning case, their nationality, floor, occupation, residence or residence, year and the birthplace; name, legal address and location of the legal entity;
e) names, surnames and addresses of representatives of persons mentioned in the Item "g" of this Article;
e) the name of the handed document;
g) statement of the circumstances which are subject to examination, and also the list of required documents and other proofs; on criminal cases also the description of the actual circumstances of the committed crime, its legal qualification, whenever possible, the description of appearance of person, its photo, fingerprints.
1. If according to the national legal system of the required Contracting Party execution of the order is not included into competence of the courts and other competent organizations of this Party, the order can be returned with indication of motives of refusal.
2. If the required organization of the Contracting Party has no right to perform the order, it shall direct the specified order to execution to competent organizations of the required Contracting Party, and also notify on it the requesting organization of other Contracting Party.
3. If the required organization of the Contracting Party has no opportunity to perform the order in connection with inaccuracy of the address specified in the order it shall take proper measures for refining of the address or report to the requesting organization of the Contracting Party about need of submission of additional data.
4. If it is not possible to specify the address or to perform the order for other reasons, the required organization of the Contracting Party shall notify on it the requesting organization of the Contracting Party and state the reasons interfering execution of the order and also to return all documents directed by the requesting organization of the Contracting Party.
5. Completion date of the order 1 month from the date of its receipt of the Contracting Party by required organization.
1. The required organization shall according to the procedure, provided in Article 4 of this Agreement, in writing to notify the requesting organization on results of execution of the order, and also to direct the documents confirming execution with indication of time and the place of execution of the order.
2. In the document confirming execution of the order about delivery of documents the date of receipt, the signature of the receiver and the signature of person performing the order shall be specified. If the receiver refuses obtaining, motives of refusal of obtaining shall be also specified.
The document confirming execution of the order shall be sealed official the required organization which performed the order.
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