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The contract between the Republic of Kazakhstan and Turkmenistan on legal assistance and legal relations on civil and family cases

of February 27, 1997

The Republic of Kazakhstan and Turkmenistan 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 in civil and family cases,

agreed as follows:

Section 1 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 and property rights the same legal protection, as well as 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, justices and other organizations of other Contracting Party within which competence civil and family 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 to other organizations having standing in court.

Article 2 Duty relief and cost recoveries

1. Citizens of each of Contracting Parties, 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 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 and family cases according to provisions of this agreement.

2. Organizations 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 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 survey and survey;

c) examination productions;

d) interrogation of the parties, witnesses, experts;

e) provisions of court documents;

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


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