On the ratification of the Agreement between the Republic of Kazakhstan and the Republic of Turkey on Legal Assistance in Civil Matters

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Law of the Republic of Kazakhstan dated October 31, 1997 No. 180

To ratify the Agreement between the Republic of Kazakhstan and the Republic of Turkey on Legal Assistance in Civil Matters, signed on June 13, 1995 in Almaty.

President of the Republic of Kazakhstan

contract BETWEEN THE REPUBLIC OF KAZAKHSTAN AND THE TURKISH REPUBLIC ON LEGAL ASSISTANCE IN CIVIL MATTERS

 (Bulletin of International Treaties of the Republic of Kazakhstan, 2000, No. 6, Article 57) (Entered into force on October 2, 1999 - J. "Diplomatic Courier", special issue No. 2, September 2000, p. 175) The Republic of Kazakhstan and the Republic of Turkey (hereinafter referred to as the "Contracting Parties"), in order to ensure cooperation in the legal field based on mutual respect for sovereignty, equality and mutual benefit, have hereby decided to conclude this Agreement on Legal Assistance in Civil Matters. To this end, both Contracting Parties have agreed on the following:  

CHAPTER I General provisions Article 1 Legal protection Citizens of one Contracting Party in the territory of the other Contracting Party will enjoy the same legal protection as is provided by the other Contracting Party to its citizens, have the right to initiate legal proceedings or make appropriate requests to the judicial authorities of the other Contracting Party, which consider civil cases on the same terms as for their own citizens., in accordance with national laws.  

Article 2 Channels of legal assistance Both Contracting Parties shall appoint authorities to provide each other with legal assistance in accordance with this Treaty, with the exception of measures taken pursuant to Article 11. The central authority on the part of the Republic of Turkey is the Ministry of Justice. The central authority of the Republic of Kazakhstan is the Ministry of Justice.  

Article 3 Language 1. The correspondence between the central authorities of both Contracting Parties will use their official languages with translations into English and Russian. 2. Written requests for legal assistance and their annexes will be drawn up in the official language of the requesting Contracting Party, accompanied by certified translations in the official language of the requested Contracting Party, either in English or in Russian. All these documents are drawn up in two copies.  

Article 4 Payment for legal aid Both Contracting Parties will provide each other with free legal assistance to the extent provided by this Agreement, with the exception of remuneration for experts. Remuneration for experts will be determined according to the rules and instructions of the requested Contracting Party.  

Article 5 Refusal of legal assistance If one Contracting Party recognizes that the provision of legal assistance is detrimental to its State sovereignty, security or public order, it may refuse to provide legal assistance to the requesting other Contracting Party. However, it will inform the other Contracting Party of the reasons for the refusal in writing.  

Article 6 Laws applicable to the provision of legal assistance When providing legal assistance, the Contracting Parties will apply their respective national legislation. One Contracting Party may apply the procedural rules of the other Contracting Party at the request of the latter, provided that its basic legal principles are not violated.  

Article 7 Exchange of information on legislative issues The Contracting Parties should, upon mutual request, inform each other about the laws and regulations that are or have been in force in their States, as well as about their application in judicial practice.

 Article 8 Exemption from legalization Documents drawn up or certified by the competent authorities of one Contracting Party will not be subject to legalization for use before the courts of the other Contracting Party, provided that they are duly signed and officially stamped.  

Article 9 Evidentiary value of documents Documents issued by the official authorities of one of the Contracting Parties will have a similar evidentiary value in the territory of the other Contracting Party.

Article 10 Settlement of difficulties Any difficulties arising in the course of the implementation or interpretation of this Treaty will be dealt with through diplomatic channels.

Article 11 Execution of documents and collection of evidence Any Contracting Party may execute documents and collect evidence in the territory of the other Contracting Party through diplomatic and consular authorities, provided that the laws of the other Contracting Party are not violated and no coercive measures are applied.

CHAPTER II Legal assistance in civil cases

SECTION 1

Article 12 Types of legal assistance In accordance with this Agreement, the Contracting Parties will provide each other with the following legal assistance: 1. Transfer and execution of legal documents in respect of persons of interest in the territory of the other Contracting Party. 2. Collecting evidence through written requests. 3. Recognition and enforcement of decisions of courts and arbitration bodies. 4. Other assistance provided by this Agreement.

Article 13 Request for legal assistance 1. An application for legal assistance will be made in the form of a written request. These requests will contain: a) the name of the requesting and requested authorities; b) the nature of the proceedings and a summary of the incidents, questions to be asked to persons subject to further interrogation; c) name, gender, age, nationality, occupation, permanent address or domicile, or residence of legal entities; d) procedural action, subject to execution; (e) The names and addresses of the persons to be questioned; (f) Documents or other items to be examined; (g) Other documents necessary for the execution of the request. 2. The above-mentioned written requests and attached documents must be signed and stamped by the requesting authority.

 Article 14 Exemption from court costs The judicial authorities of one Contracting Party will not require any guarantee obligations and/or collateral from citizens of the other Contracting Party who have applied for legal assistance, solely on the basis that they are foreigners or do not have permanent residence in the territory of the other Contracting Party. A similar rule will apply to any other payment required when applying for legal aid.

 Article 15 The citizens of one Contracting Party will pay the costs of legal proceedings in the territory of the other Contracting Party on the same terms and in the same amount as its own citizens.

Article 16 Legal entities The provisions of Articles 1, 14, and 15 will also apply to legal entities established in accordance with the laws and regulations of one of the Contracting Parties.

 Article 17 Legal aid and exemption from court costs Citizens of one Contracting Party may apply for exemption from court costs or exemption from payment of legal aid in the territory of the other Contracting Party, as is customary for citizens of this other Contracting Party. In the case of an appeal for exemption from court costs or for seeking legal assistance, the competent authorities where the applicant has permanent or temporary residence must issue a certificate.; If the applicant does not have a permanent or temporary place of residence in the territory of any of the Contracting Parties, the certificate may be issued by the diplomatic or consular authorities of his country.

SECTION 2

Execution of documents and collection of evidence

Article 18 Scope of legal assistance The Contracting Parties will, upon request, execute documents and collect evidence for each other: 1. The execution of documents means the execution of judicial and non-judicial documents; 2. The collection of evidence includes the interrogation of parties, witnesses and experts in order to obtain evidence related to civil and commercial procedures, conducting an expert assessment of the judicial examination.

 Article 19 Execution of requests 1. If the requested authority considers itself incompetent to carry out the requests, it must forward these requests to the competent authorities authorized to carry out the requests and notify the requesting Contracting Party accordingly. 2. If the requested competent authorities of the Contracting Party are unable to execute the request according to the address indicated in the written request, they will take appropriate measures to establish the address and execute the request. They may request the necessary additional information from the requesting Contracting Party. 3. If the requested Contracting Party is unable to execute the request due to the inability to establish the address or for other reasons, it will notify the requesting Contracting Party of the reasons for the impossibility of executing the request and return all necessary documents to the latter.  

Article 20 Notification of the results of execution 1. The requested competent authorities of a Contracting Party, through the channels specified in Article 2, shall notify the requesting Contracting Party in writing of the results of the execution of the request. Such notification must be accompanied by a receipt or materials of the obtained evidence. 2. The receipt must contain the signatures of the addressees and the date of receipt, the seal of the executing authority and the signature of the executing official, the method and place of execution, as well as the reasons for refusal to receive if the recipient refuses to accept the documents.

SECTION 3 Recognition and enforcement of decisions

Article 21 Decisions subject to recognition and enforcement

1. Under the terms of this Agreement set out below, one Contracting Party will recognize and execute on its territory: a) decisions taken by courts in civil cases; b) court decisions in criminal cases on compensation for damage; c) decisions of arbitration authorities of the other Contracting Party. 2. The "decisions" referred to in this Agreement also include conciliation decisions rendered by the courts.

 Article 22 Application for recognition and enforcement 1. An application for recognition and enforcement of judgments must be sent directly to the competent court of the requested Contracting Party. 2. The application must be accompanied by: a) a copy of the decision corresponding to the original. A certificate issued by the competent authorities should be attached to the copy in case recognition and enforcement are unclear from the decision itself.; b) a certificate showing that the losing party, who did not appear in court, was lawfully summoned to court, and that in the event of his incapacity, he was properly represented in court; c) a copy of the arbitral award on submission to the jurisdiction of arbitration in the event of an application for recognition and enforcement of the award.

Article 23 The refusal to recognize and enforce the Decisions listed in Article 21 will not be recognized or enforced by the requested courts in the following cases: 1. If the decision is legally unenforceable in accordance with the legislation of the requesting Contracting Party. 2. If it is recognized that the legal authority of the requesting Contracting Party is incompetent in this case in accordance with the legislation of the requested Contracting Party. 3. If, according to the legislation of the Contracting Party making the decision, the losing party in court, who did not participate in the proceedings, was not properly summoned to court or was deprived of the rights to defense or the rights to due representation in the event of his incapacity. 4. If, in relation to a lawsuit between the same parties in the same case, the courts or arbitration authorities of the requested Contracting Party have already made a final decision, or are reviewing it, or have recognized the final decision made by a third State in this litigation.

Article 24 Rules of recognition and enforcement 1. The issue of recognition and enforcement of the decision is decided by the courts of the requested Contracting Party in accordance with the rules of its national legislation. 2. The requested court shall be limited to consideration in case of fulfillment of the conditions set forth in this Agreement.

Article 25 The legal force of recognition and enforcement of decisions adopted by the legal authorities of one Contracting Party, recognized and enforced by the courts of the other Contracting Party, have the same force as decisions adopted by the courts of the latter.

Article 26 Recognition and enforcement of arbitral awards Arbitral awards will be recognized and enforced provided that, in addition to the other provisions specified in Section 3 of this Chapter, the following conditions are met: 1. If, in accordance with the legislation of the requested Contracting Party, the arbitral award falls within the scope of arbitral awards made in commercial disputes. 2. If the arbitral award is made on the basis of a written arbitration agreement between the parties or because of legal conflicts arising from new existing conditions, and if the arbitration award is made in respect of the competence provided for by the arbitration agreement. 3. If, in accordance with the legislation of the requested Contracting Party, the agreement referred to in paragraph 2 of this Article is valid.

Article 27 Export of valuable items and transfer of funds The provisions of this Agreement regarding the execution of decisions shall not violate the laws and regulations of both Contracting Parties related to the transfer of funds and the export of valuable items.

Article 28 Appearance of a witness and an expert 1. If the requesting Contracting Party considers it important for a witness or expert to appear in person before its legal authorities, it will indicate this in the request for a court summons, and the requested Contracting Party will summon the witness or expert to appear. 2. Requests for the service of court summonses will be transmitted to the requested Contracting Party at least two months before the due date for the appearance of these persons in the legal authorities. 3. The requested Contracting Party will inform the requesting Contracting Party of the witness or expert's responses. In the case provided for in paragraph 1 of this Article, the request for the service of a court summons must indicate the approximate rates of payment, as well as the costs of their business trip and accommodation.

 Article 29 Expenses of the witness and expert Monetary support, including accommodation and meals, as well as travel expenses to be paid to the witness or expert by the requesting Contracting Party, must be calculated based on his place of residence and at rates equal to those provided for in the amounts and in accordance with the procedure established in the country where the hearing is scheduled.

Article 30 Protection of witnesses and experts 1. A witness or expert, regardless of their nationality, when appearing on a court summons before the legal authorities of the requesting Contracting Party, shall not be prosecuted, arrested or imprisoned in any form by the requesting Contracting Party for his offenses committed prior to his entry into its territory, or for his testimony. or expert assessments. 2. A witness or expert should not be deprived of the protection provided for in paragraph 1 of this Article if they have not left the territory of the requesting Contracting Party fifteen days after the date on which the legal authorities notified him of the non-necessity of his further presence. However, this period of time should not include the time during which the witness or expert is unable to leave the territory of the requesting Contracting Party for reasons beyond his control. 3. A person who is summoned to appear for testimony or expert assessment should not be subjected to any coercive measures.

CHAPTER III Final provisions

Article 31 Ratification and entry into force of this Treaty is subject to ratification. The instruments of ratification will be exchanged in Ankara. This Treaty will enter into force thirty days after the exchange of instruments of ratification.

 Article 32 Termination This Agreement shall remain in force until the expiration of six months after the date on which either Contracting Party submits, through diplomatic channels, a written notice of termination of this Agreement. Otherwise, this Agreement remains in force.

It was drawn up in two copies, in Almaty on June 13, 1995, each copy in Kazakh, Turkish, Russian and English, all texts are authentic. In case of a discrepancy, the English text will prevail.

To prove this, the authorized representatives of the Contracting Parties have signed this Agreement.

For the Republic For the Turkish The Republic of Kazakhstan

President

Republic of Kazakhstan

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