The contract between Ukraine and the Republic of Estonia on legal assistance and legal relations in civil and criminal cases
of February 15, 1995
Ukraine and the Republic of Estonia which hereinafter are referred to as further "the Contractual Parties",
attaching importance to development of cooperation in the field of provision of legal assistance in civil and criminal cases,
agreed about the following:
1. Citizens of one Contractual Party use in the territory of the second Contractual Party as for the personal and property rights the same legal protection, as well as citizens of this Contractual Party.
It concerns as well to legal entities who are created according to the legislation of one of the Contractual Parties.
2. Citizens of one Contractual Party have the right freely and without obstacles to turn to the courts, prosecutor's offices, notariates (which hereinafter are referred to as further as "organizations of justice") and in other organizations of the second Contractual Party within which competence civil and criminal cases are can act in them, submit the petition, submit claims and perform other legal proceedings on the same conditions, as well as citizens of this Contractual Party.
3. In understanding of this Agreement also family cases are considered as civil cases.
1. Organizations of justice of the Contractual Parties provide mutually legal assistance in civil and criminal cases according to provisions of this agreement.
2. Organizations of justice perform legal assistance and to other organizations within which competence the cases specified in Item 1 of this Article are.
3. Other organizations within which competence the cases specified in Item 1 of this Article are send request for legal assistance through organizations of justice.
The legal assistance covers accomplishment of legal proceedings which are stipulated by the legislation the asked Contractual Party, in particular, interrogation of the parties, persons accused and defendants, victims, witnesses, experts, conducting examinations, judicial survey, transfer of physical evidences, initiation of criminal prosecution and issue of persons who committed crimes, recognition and accomplishment of judgments in civil cases, delivery and peresylaniye of documents, provision on request of the second Contractual Party of criminal record of persons accused.
When implementing legal assistance of organization of the Contractual Parties interact with each other through the Ministry of Justice and the Prosecutor General's Office of Ukraine and the Ministry of Justice and the State Prosecutor's office of the Republic of Estonia if this Agreement does not provide other.
1. Requests for implementation of legal assistance and appendix to them are constituted in language of the requesting Contractual Party, verified copies of transfer into language of the second Contractual Party or Russian are also attached to them.
2. Transfer makes sure the official translator or the notary, either the official of the requesting organization, or diplomatic representation or consular establishment of the requesting Contractual Party.
Documents which are sent by organizations of justice and other organizations according to the procedure of provision of legal assistance shall be certified by the signature of the competent person and are sealed official the requesting organization.
In the order about provision of legal assistance it shall be specified:
1) the name of the requesting organization;
2) name of required organization;
3) the name of case according to which the legal assistance is requested;
4) names and surnames of the parties, persons accused, defendants or convicts, their nationality, occupation and the permanent place of residence or residence, and rather legal entities - their name and the location;
5) surnames and addresses of their representatives;
6) contents of the order, and in criminal cases also the description of the actual circumstances of the committed crime and its legal qualification behind the Criminal code of the requesting Contractual Party.
1. In case of accomplishment of the order about provision of legal assistance the organization of justice to which the order is turned applies the legislation of the state. However, on request of organization from which the order turns out it can apply procedural rules of the Contractual Party from which the order as they do not contradict the legislation of its state turns out.
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