On ratification of the Agreement between the Republic of Kazakhstan and the Kyrgyz Republic on Mutual Legal Assistance in Civil and Criminal Matters

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The Law of the Republic of Kazakhstan dated June 30, 1997 No. 142.

To ratify the Agreement between the Republic of Kazakhstan and the Kyrgyz Republic on Mutual Legal Assistance in Civil and Criminal Matters, signed on August 26, 1996 in Almaty.

President

Republic of Kazakhstan

Agreement * between the Republic of Kazakhstan and the Kyrgyz Republic on mutual legal assistance in Civil and Criminal Matters *(Bulletin of International Treaties of the Republic of Kazakhstan, 1999, No. 6, Article 95) (Entered into force on December 18, 1998 - J. "Diplomatic Courier", Special Issue No. 2, September 2000, p. 161)

The Republic of Kazakhstan and the Kyrgyz Republic, hereinafter referred to as the "Contracting Parties",

in order to develop cooperation in the field of legal relations, to provide each other with legal assistance in civil and criminal matters on the basis of reciprocity and respect for sovereignty,

We have agreed on the following:

CHAPTER I GENERAL PROVISIONS ARTICLE 1 Legal protection

1. Citizens of one Contracting Party shall enjoy in the territory of the other Contracting Party the same legal protection of their personal and property rights as citizens of the other Contracting Party. They have the right to apply to courts, judicial authorities, prosecutor's offices and other institutions whose competence includes civil and criminal cases and may initiate petitions and carry out other procedural actions on the same terms as citizens of the other Contracting Party.

2. The provisions of paragraph 1 shall also apply to legal entities and equivalent entities established in the territory of each of the Contracting Parties in accordance with their national legislation.

3. The term "civil matters" used in this Agreement includes marital, family, labor, inheritance, and economic matters.

ARTICLE 2 Legal assistance

The bodies and institutions of the Contracting Parties referred to in paragraph one of Article 1 of this Treaty shall provide mutual legal assistance in civil and criminal matters in accordance with their competence determined by the legislation of their country.

ARTICLE 3 Scope of legal assistance

The Contracting Parties provide each other with legal assistance in compliance with the requirements of their legislation by:

- performing procedural actions;

- forwarding and delivery of documents;

- transfer of physical evidence;

- directions of the case materials;

- recognition and enforcement of court decisions;

- securing the claim;

- providing the requesting party with information about the criminal record;

- search for persons;

- conducting operational search activities;

- extradition of persons who have committed crimes in order to bring them to criminal responsibility or to enforce a sentence;

- carrying out criminal prosecution.

ARTICLE 4 Procedure for communication in the provision of legal assistance

When requesting legal assistance in civil and criminal matters, the courts and other bodies and institutions of the Contracting Parties shall communicate with each other through their competent institutions, unless otherwise provided by this Agreement.

The Contracting Parties shall immediately notify each other through diplomatic channels of the designated competent institutions, their functions and contact details.

The footnote. Article 4 - as amended by the Law of the Republic of Kazakhstan dated 05/12/2023 No. 3-VIII.

ARTICLE 5 Language

1. The institutions of the Contracting Parties shall use the official languages of the Parties in their mutual relations on all matters covered by this Treaty.

2. Russian can be used as a working language.

ARTICLE 6 Registration of documents

1. Documents sent by the competent authorities of the Contracting Parties in the order of rendering legal assistance, drawn up in the official language, must be translated into Russian and signed by a competent person and stamped.

2. The parties may, by mutual agreement, establish patterns of paperwork that will be used when applying for legal assistance.

ARTICLE 7 Content and form of the request (assignment) about providing legal assistance

A request (instruction) for legal assistance must be made in writing and have, taking into account the content of the instruction, the following details:

a) the name of the requesting institution;

b) the name of the requested institution;

c) the name of the case in which legal assistance is requested and the content of the request (instruction);

d) the names and surnames of the persons involved in the case, their nationality, gender, occupation, place of residence or place of residence, year and place of birth; name, legal address and location of the legal entity;

e) the names, surnames and addresses of the representatives of the persons referred to in paragraph "d" of this article;

f) the name of the document being served;

g) a statement of the circumstances to be clarified, as well as a list of required documents and other evidence; in criminal cases, also a description of the actual circumstances of the crime committed, its legal qualification, if possible, a description of its appearance, face, photograph, fingerprints.

ARTICLE 8

Execution of the order

1. If, in accordance with the national legislation of the requested Contracting Party, the execution of the order does not fall within the competence of the courts and other competent institutions of that Party, the order may be returned with an indication of the reasons for the refusal.

2. If the requested institution of the Contracting Party is not entitled to execute the order, it is obliged to send the specified order for execution to the competent institutions of the requested Contracting Party, as well as notify the requesting institution of the other Contracting Party.

3. If the requested institution of the Contracting Party is unable to execute the order due to the inaccuracy of the address indicated in the order, it is obliged to take appropriate measures to clarify the address or inform the requesting institution of the Contracting Party of the need to provide additional information.

4. If it is not possible to specify the address or execute the order for other reasons, the requested institution of the Contracting Party must notify the requesting institution of the Contracting Party and state the reasons preventing the execution of the order, as well as return all documents sent by the requesting institution of the Contracting Party.

5. The term of execution of the order is 1 month from the date of its receipt by the requested institution of the Contracting Party.

ARTICLE 9 Notification of the results of execution

1. The requested institution is obliged, in accordance with the procedure provided for in Article 4 of this Agreement, to notify the requesting institution in writing of the results of the execution of the order, as well as to send documents confirming the execution, indicating the time and place of execution of the order.

2. The document confirming the execution of the order for the delivery of documents must indicate the date of receipt, the signature of the recipient and the signature of the person who executed the order. If the recipient refuses to receive, the reasons for the refusal to receive must also be indicated.

The document confirming the execution of the order must be sealed with the official seal of the requested institution that executed the order.

ARTICLE 10 Service of documents through diplomatic missions or consular offices

On behalf of the competent authorities, diplomatic missions or consular offices of one of the Contracting Parties accredited to the other Contracting Party have the right to serve judicial and extrajudicial documents to their own citizens and interrogate them. These actions, however, may not contain coercive measures and contradict the national legislation of the host country.

ARTICLE 11 Confirmation of delivery of documents

The delivery of documents is confirmed by a confirmation signed by the person to whom the document was delivered and stamped with the official seal of the requested institution handing over the document, or another document issued by this institution, which must specify the method, place and time of delivery.

ARTICLE 12 Summoning a witness, victim and expert abroad

If during the preliminary investigation or judicial review in the territory of one Contracting Party it becomes necessary for a witness, victim, or expert located in the territory of the other Contracting Party to appear in person, then you should contact the relevant institution of that Contracting Party with an order to serve a summons.

ARTICLE 13 Guarantees for witnesses, victims and experts

1. A witness, victim, or expert who appears on a summons from a court or other competent institutions of the requesting Contracting Party, transferred through the requested Contracting Party, regardless of his nationality, may not be held administratively or criminally liable in the requesting State, or deprived of his liberty in any form for an offense committed by him before crossing the State border.

2. A person summoned on the basis of a request for legal assistance to an institution of the requesting Contracting Party as a witness, victim or expert has the right to refuse to testify or perform other functions if the right or obligation to refuse is provided for by the legislation of the requested or requesting Contracting Party. The institutions of the requesting Contracting Party should, if necessary, attach to the request a certificate of legislation relating to the above-mentioned rights and obligations.

3. A witness, victim or expert shall lose the guarantees provided by paragraph 1 of this Article if he does not leave the territory of the requesting Contracting Party after 15 days after receiving notification from it that his presence is no longer necessary, except in cases when he cannot leave the territory of the requesting Contracting Party in a timely manner due to circumstances beyond his control..

4. The call referred to in paragraph 1 of this article is transmitted in accordance with the procedure provided for in Article 4 of this Agreement. The call must not contain a threat of coercive measures.

ARTICLE 14 Expenses related to the provision of legal assistance

1. The Contracting Parties shall provide legal assistance free of charge.

2. The costs of travel, meals and accommodation for a witness, victim or expert who appears on summons to the territory of the requesting Contracting Party shall be borne by the requesting Contracting Party, in addition, the expert is entitled to remuneration for conducting the examination. The summons must specify which payments the mentioned persons are entitled to receive. At the request of the mentioned persons, the competent institutions of the requesting Contracting Party are obliged to pay them the corresponding expenses in advance.

ARTICLE 15 Refusal of legal aid

If the requested Contracting Party considers that the provision of legal assistance is detrimental to its sovereignty, security, public order or contrary to its national legislation, it may refuse to provide legal assistance by informing the requesting Contracting Party of the reasons for the refusal.

ARTICLE 16 Legislation applicable to the provision of legal assistance

1. When providing legal assistance, the requested institution applies the legislation of its State.

At the request of the requesting institution, the requested institution may apply the procedural rules of the requesting Contracting Party with respect to the method and form of execution, if they do not contradict the legislation of the requested Contracting Party.

2. When providing legal assistance, the requested institution may also apply, at the request of the requesting Party, the procedural rules of the other Contracting Party, unless they contradict the national legislation of the requested Contracting Party.

ARTICLE 17 Scope of legal information

Upon request, the Contracting Parties shall provide each other with information on current or past legislation and on the practice of its application.

CHAPTER II LEGAL ASSISTANCE IN CIVIL MATTERS ARTICLE 18 Scope of legal assistance

The Contracting Parties will, on a reciprocal basis, serve judicial and non-judicial documents upon request, take measures to secure a claim, interrogate participants in the process, witnesses and experts, conduct an expert examination, on-site inspection, recognize and execute court decisions, including taking measures to track down debtors to recover alimony, as well as perform other procedural actions.

ARTICLE 19 Jurisdiction of the courts

1. Disputes in civil matters, with the exception of inheritance disputes, are considered by the courts of the Contracting Parties at the place of residence or location of the defendant, regardless of their nationality, and claims against legal entities are filed in the courts of the Contracting Party in whose territory the governing body of the legal entity, its representative office or branch is located.

2. The courts of the Contracting Parties may also consider cases in other cases, if there is a written consent of the parties to transfer the dispute to these courts, except in cases of exclusive competence.

ARTICLE 20 Payment of court costs

1. Citizens of one of the Contracting Parties in the territory of the other Contracting Party shall pay court costs on equal terms and in the same amount as citizens of this Contracting Party.

2. The provisions of paragraph 1 of this Article shall also apply to legal entities established in the territory of one of the Contracting Parties in accordance with its national legislation.

ARTICLE 21 Full or partial exemption from payment of court costs

1. Citizens of one of the Contracting Parties in the territory of the other Contracting Party shall be exempt, in whole or in part, from paying court costs on equal terms and to the same extent as citizens of this Contracting Party.

2. Citizens of one of the Contracting Parties, requesting full or partial exemption from payment of court costs, must submit documents issued by the competent authorities at their place of residence or place of stay, certifying their identity, family and property status. If the applicant does not have a place of residence or residence in the territory of the Contracting Parties, he may submit the specified documents issued or certified by the diplomatic mission or consular institution of his State.

3. The court making a decision on a request for full or partial exemption from payment of court costs may request the body that issued the document for additional clarification.

ARTICLE 22 Decisions subject to recognition and enforcement

1. Judicial decisions that have entered into legal force, as well as decisions of guardianship and guardianship authorities, notaries and registration of civil status acts of one Contracting Party that do not require execution by their nature, shall be recognized, and in cases of a property nature, they shall be recognized and executed on the territory of the other Contracting Party on the terms established by this Agreement.

2. The term "judicial decisions", used in the text of this Agreement, means:

in the Republic of Kazakhstan - a decision, a ruling, a court (judge's) ruling, a court order, a settlement agreement in civil and arbitration cases, as well as a verdict regarding damages in a criminal case;

in the Republic of Kyrgyzstan - decisions, rulings, court (judge's) ruling, court order, settlement agreement in civil and arbitration cases, as well as a verdict regarding damages in a criminal case.

The footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated 05/12/2023 No. 3-VIII.

ARTICLE 23 Application for recognition and enforcement of a court decision

1. An application for recognition and enforcement of a court decision shall be submitted by the applicant to the court that issued the decision and forwarded by the latter to the court of the other Contracting Party in accordance with the procedure provided for in Article 4 of this Treaty. The applicant may also file a petition directly to the court of the other Contracting Party.

2. The application for recognition and enforcement of the judgment must be accompanied by the following documents::

a) a copy of the judgment certified by the court; if there is no clear indication in the copy that the judgment has entered into force and can be enforced, one copy of the court's document on the entry into force of the judgment must also be attached.;

b) a court document on the executed part of the decision in the territory of the requesting Contracting Party;

c) a document certifying that the party who did not participate in the trial was served with a notice of summons in accordance with the procedure established by law, and in case of her incapacity, that she had a proper representative, except in cases of applying for recognition and execution of a court order;

d) a certified translation of the application referred to in this article and the documents attached thereto.

The footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 05/12/2023 No. 3-VIII.

ARTICLE 24 Procedure for recognition and enforcement of a court decision

1. The recognition and enforcement of a court decision shall be carried out by the court of the Contracting Party to which the application is addressed, in accordance with the procedure established by the national legislation of that Contracting Party.

2. The court to which the petition is addressed does not discuss the decision on the merits, but considers it only for compliance with the requirements of this Agreement.

3. With respect to a decision on which a request for recognition and enforcement has been received, the court that received the request may, if necessary, require the court that issued the decision to provide additional materials.

ARTICLE 25 Legal force of recognition and enforcement

The recognition and enforcement by a court of one Contracting Party of a court decision of the other Contracting Party shall have the same force as a court decision of that Contracting Party.

ARTICLE 26 Refusal to recognize and enforce a decision

1. Recognition and enforcement of a judgment, with the exception of arbitral awards, may be refused in one of the following cases::

1.1. if, in accordance with the national legislation of the Contracting Party where the decision was made, this decision has not entered into force and is not enforceable.;

1.2. If, in accordance with the national legislation of the Contracting Party to which the application for recognition and enforcement of the judgment has been filed, the case falls within the exclusive competence of the court of the requested Contracting Party.;

1.3. if, in accordance with the national legislation of the Contracting Party whose institution made the decision, the party who did not participate in the process was not served with a notice of summons to court or, in case of its incapacity, there was no proper representative.;

1.4. if, in the same legal dispute between the same parties, a court of the requested Contracting Party has already rendered a decision that has entered into force, or it is under consideration there, or a decision of a third State in this case has already been recognized as having entered into force.

2. The recognition of an arbitral award may be refused if:

2.1. According to the law of the Contracting Party where the award is to be enforced, such a case cannot be the subject of arbitration proceedings.;

2.2. An arbitration award has been made on a dispute that is not provided for or does not fall under the terms of the arbitration agreement or the arbitration clause in the contract.;

2.3. The composition of the arbitration court did not comply with the agreement of the parties or the arbitration clause in the contract, or did not comply with the law of the state where the arbitration took place.;

2.4. The parties were not properly notified of the appointment of an arbitrator or of the arbitration proceedings.

CHAPTER III LEGAL ASSISTANCE IN CRIMINAL MATTERS ARTICLE 27 Scope of legal assistance

The legal assistance provided to each other by the Contracting Parties in accordance with the provisions of this Treaty includes:

- search and identification of persons;

- initiation of criminal prosecution;

- interrogation of suspects, accused, defendants, witnesses, victims, experts;

- inspection, search and other procedural actions related to the collection of evidence;

- transfer of material evidence, documents, valuables obtained by criminal means;

- handing over procedural documents related to the criminal proceedings, as well as providing information on the results of the trial.

All actions listed in paragraph 1 of this Article are performed in accordance with the current legislation of the requested Contracting Party.

ARTICLE 28 Procedure for communication in the provision of legal assistance in criminal matters

The footnote. Article 28 is excluded by the Law of the Republic of Kazakhstan dated 05/12/2023 No. 3-VIII.

ARTICLE 29 Obligation to institute criminal prosecution

1. Each Contracting Party, at the request of the other Contracting Party, shall institute criminal proceedings in accordance with its legislation against its citizens suspected of committing a crime in the territory of the other Contracting Party.

2. Applications for criminal prosecution filed by victims in accordance with the laws of one Contracting Party to its competent institutions in due time are valid in the territory of the other Contracting Party.

ARTICLE 30 Determination of jurisdiction in the provision of legal assistance in criminal matters

If a person(s) commits several crimes in the territories of the Contracting Parties, the preliminary investigation ends with the investigative body where the more serious crime or the majority of crimes were committed.

If a person(s) commits at least one crime on the territory of the Contracting Party of which he is a national and is detained on its territory, the case shall be terminated by the competent institution of that Contracting Party.

In other cases, the jurisdiction is determined by the General Prosecutors of the Contracting Parties.

ARTICLE 31 Extradition of a person in custody in the territory of the requested party to participate in the case as a witness or victim

1. A person in custody in the territory of the requested Contracting Party who has been summoned to a court or other competent institution of the requesting Party as a witness or victim shall be temporarily extradited to that Party subject to the following conditions:

a) the person in respect of whom there is a summons, agrees to such extradition;

b) the temporarily extradited person must be returned to the requested Contracting Party after carrying out the necessary procedural action in the criminal case for which he was extradited, but no later than three months after the date of transfer of the person. If necessary, upon presentation of an appropriate justification, the period may be extended by agreement of the Contracting Parties.;

c) the extradited person must be detained in the territory of the requesting Contracting Party in conditions that exclude his escape.

2. The period of detention of a person in the territory of the requested Contracting Party may not be extended because of this extradition.

ARTICLE 32 Service of documents and performance of certain procedural actions

1. The procedure for handing over documents and performing certain procedural actions related to the collection of evidence in criminal cases is determined by Articles 6-10 of this Treaty.

2. When sending the above instructions, the circumstances of the commission of the crime, its qualifications and the provisions of the relevant legislative acts must be indicated.

ARTICLE 33 Transfer of money and material assets obtained by criminal means

1. A Contracting Party, on the basis of a request from the other Contracting Party, must transfer to this Contracting Party money and other material assets obtained by criminal means in the territory of the other Contracting Party, however, such transfer must not infringe on the rights of the Contracting Party or third parties to these assets.

2. In the event that the above-mentioned money and other tangible assets are necessary for conducting judicial proceedings in other unresolved criminal cases in the territory of the requested Contracting Party, this Contracting Party may temporarily suspend their transfer.

ARTICLE 34 Refusal to provide legal assistance in criminal matters

The requested Contracting Party, in addition to the grounds provided for in Article 15 of this Treaty, may refuse to provide legal assistance in criminal matters if the act specified in the assignment does not constitute a crime under the national legislation of the requested Contracting Party.

ARTICLE 35 Notification of the initiation and results of criminal proceedings

The Contracting Parties undertake to provide each other with information on the initiation of criminal proceedings against citizens of the other Contracting Party and, if necessary, on the verdict passed by their court against citizens of the other Contracting Party.

ARTICLE 36 Information on previously committed crimes

Upon request, the Contracting Parties shall provide each other, free of charge, with information on criminal records necessary for them to consider a criminal case against a person who has previously been convicted by a court of the other Contracting Party.

ARTICLE 37 The presence of representatives of the Contracting Parties when providing legal assistance in criminal matters

Representatives of one of the Contracting Parties may, with the consent of the other Contracting Party, be present at the execution of an application for legal assistance in criminal matters by the other Contracting Party.

CHAPTER IV OTHER PROVISIONS ARTICLE 38 Validity of documents

1. Documents that have been drawn up or certified by a court or other competent institution of one Contracting Party are valid if they have the official seal of the relevant competent institution of that Contracting Party. In this form, they are accepted by a court or other competent institution of the other Contracting Party without legalization.

2. Documents that are considered official documents in the territory of one Contracting Party shall enjoy the evidentiary value of official documents in the territory of the other Contracting Party.

ARTICLE 39 Forwarding of civil status documents and other documents

Pursuant to this Agreement, the competent institutions of one Contracting Party, upon requests received through diplomatic channels, shall send free of charge to the other Contracting Party certificates of civil registration, education, seniority information and other documents relating to the personal rights and property interests of citizens of the other Contracting Party.

ARTICLE 40 Dispute resolution

The Contracting Parties shall resolve disputes arising on the interpretation or implementation of the provisions of this Treaty through consultations between the relevant central authorities referred to in Article 4 of this Treaty, or through diplomatic channels.

The footnote. Article 40 - as amended by the Law of the Republic of Kazakhstan dated 05/12/2023 No. 3-VIII.

ARTICLE 41 Establishment of departmental relations

The central legal institutions of the Contracting Parties mentioned in this Agreement, on the basis of and in furtherance of this Agreement, may establish direct relations with each other within their competence by concluding departmental agreements.

CHAPTER V FINAL PROVISIONS ARTICLE 42 Entry into force of the Treaty

This Treaty is subject to ratification and will enter into force after the exchange of instruments of ratification.

ARTICLE 43 Amendment and addition of the Agreement

The Contracting Parties shall consult through diplomatic channels on amendments and additions to the text of this Treaty. The amendments and additions made come into force from the moment the necessary legal procedures are completed in accordance with their national legislation.

ARTICLE 44 Termination

This Agreement is open-ended and will expire six months after either Contracting Party sends a written notification through diplomatic channels of its termination.

Done in Almaty on August 26, 1996, in two originals, each in the Kazakh, Kyrgyz and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Treaty, the Contracting Parties will be guided by the text in Russian.

FOR THE REPUBLIC OF KAZAKHSTAN FOR THE KYRGYZ REPUBLIC

President

Republic of Kazakhstan

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