The contract between Ukraine and Georgia on transfer of persons condemned to imprisonment for further serving sentence

of February 14, 1997

Ukraine and Georgia which further are referred to as with Contracting Parties

- leaving the principles of the state sovereignty, equality and mutual respect,

- being based on rules of international law and wishing to develop interstate cooperation in the field of the criminal right,

- considering that serving condemned punishments in the state which citizens they are, assists more effective goal achievement punishment accomplishment, to return of offenders to normal life in society,

- being guided by the principles of humanity and respect of human rights, agreed about the following:

Article 1

1. For goal achievement of this Agreement defined below terms mean:

a) "State of adjudgement" - The contracting Party which court pronounces sentence about condemnation of person to punishment in type imprisonment;

b) "State of accomplishment of sentence" - The contracting Party which is given for serving sentence person who is condemned to imprisonment and is his citizen;

c) "Convict" - person who is condemned by court of one of Contracting Parties for crime execution to punishment in type imprisonment;

d) "Close relatives" - persons, being relatives

for Ukraine: mother, the father, the husband, the wife, children, brothers and sisters, grandsons, the grandfather and the grandma, the adoptive parents adopted;

for Georgia: mother, father, parents of spouses, husband, wife, children, brothers and sisters, grandsons, grandfather, grandmother, uncle, aunt;

e) "Competent authorities" - bodies of Contracting Parties that carry out the decision on transfer of convicts;

f) "The central bodies" - the Ministries of Justice of Contracting Parties.

2. Concerning accomplishment of this Agreement competent authorities of Contracting Parties interact through the central bodies.

Article 2

Contracting parties undertake to transfer according to terms of this agreement on requests each other convicts who serve sentences in places of detention for making of crimes in the territory of the state of adjudgement and have nationality of other Contracting Party, for serving sentence in the state of accomplishment of sentence.

Article 3

1. The condemned person can be transferred in connection therewith by the Agreement only under conditions:

a) that this person is citizen of the state of accomplishment of sentence;

b) that the sentence took legal effect;

c) that for the period of receipt of request about transfer the convict shall serve still sentence within at least six months;

d) that the condemned person or when, considering its age or physical or mental condition, one of two Contracting Parties, either close relatives, or the legal representative of the condemned person consider it necessary agrees to transfer;

e) that action or divergence for which the sentence was pronounced is crime according to the legislation of the state of accomplishment of sentence;

f) that loss of property which is put with crime are paid;

g) that the state of adjudgement and the state of accomplishment of sentence agree to transfer of the condemned person.

2. About possibility of transfer and its legal effects to the convict or his legal representative management of criminal executive system of the state of adjudgement shall be explained by officials of the central or territorial authorities.

3. In exceptional cases Contracting Parties can agree to transfer of the condemned person even if he needs to serve punishment sentence less than six months or if loss of property which is caused by crime are compensated not in full.

Article 4

Transfer of the convict is not carried out if:

a) the sentence cannot be executed by the Contracting Party which citizen is the convict owing to the termination of prescriptive limit of criminal prosecution according to the legislation of this Contracting Party;

b) The party which requests properly does not fulfill the requirement of article 7 of this Agreement.

Article 5

Contracting parties undertake obligations:

a) from the central bodies in writing to inform each other on condemnation to imprisonment of citizens of other Contracting Party, and also on their residence;

b) explain and to really provide to convicts, their legal representatives or close relatives opportunity to address to competent authorities of any of Contracting Parties with statements for transfer to the state which citizens they are.

Article 6

1. Transfer of the convict for serving sentence is performed according to the offer of the Contracting Party which court pronounces sentence if the Contracting Party which citizen is the convict agrees to accept it for accomplishment of sentence with observance of terms of this agreement.

2. The contracting party which citizen is the convict can address the Contracting Party which court pronounces sentence, with request to consider question of possibility of transfer of the convict.

Article 7

1. The request about transfer of the convict consists in writing and are applied by competent authority of the state of adjudgement to it:

a) data on face of the convict (surname, name, middle name, birth date and birth place);

b) the document which confirms nationality of the convict;

c) the text of Articles of the penal statute based on which person is condemned;

d) the written application of the convict or in cases which are provided by the subitem d of Item 1 of article 3 of this Agreement, his close relatives, or his legal representative about consent to transfer;

e) copies of sentence and decisions of the supreme judicial authorities concerning case, documents on the introduction of sentence in force;

f) the document on part of punishment which it is already left and that part of punishment which is subject to further serving;

g) the document on accomplishment of additional punishment if it was appointed;

h) medical conclusion about the state of health and the sheet about feature of behavior of the convict;

?) data on availability of loss of property and procedure for their compensation;

j) copies of other documents can be enclosed only by mutual consent of competent authorities.

2. All listed documents shall be signed and certified by official stamp.

Article 8

1. The state of adjudgement provides that person who agrees to transfer according to the subitem d of Item 1 of article 3 of this Agreement performed it voluntarily and with complete understanding of consequence in law of such consent.

2. The state of adjudgement accomplishment of sentence gives to the state opportunity to check by means of the official that consent to transfer of the condemned person is received according to Item 1 of this Article.

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