On the ratification of the Treaty between the Republic of Kazakhstan and the Republic of Belarus on the Legal Status of Citizens of the Republic of Kazakhstan Permanently Residing in the Territory of the Republic of Belarus and citizens of the Republic of Belarus permanently residing in the Territory of the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated May 19, 1999 No. 385.

     To ratify the Agreement between the Republic of Kazakhstan and the Republic of Belarus on the Legal Status of Citizens of the Republic of Kazakhstan Permanently Residing in the Territory of the Republic of Belarus and citizens of the Republic of Belarus Permanently Residing in the Territory of the Republic of Kazakhstan, concluded in Minsk on January 17, 1996.    

     President

      Republic of Kazakhstan        

     Contract

     between the Republic of Kazakhstan and the Republic of Belarus

      on the legal status of citizens of the Republic of Kazakhstan,

      permanent residents in the territory of the Republic of Belarus,

      and citizens of the Republic of Belarus permanently residing

      on the territory of the Republic of Kazakhstan

      (Bulletin of International Treaties of the Republic of Kazakhstan, 2000, No. 3, Article 29)  

      (Entered into force on June 8, 1999 - J. "Diplomatic Courier",  

                    special issue No. 2, September 2000, p. 170)  

      The Republic of Kazakhstan and the Republic of Belarus, hereinafter referred to as the Parties,  

      in order to further develop the relationship between them,  

      Recognizing the need to resolve issues related to the legal status of citizens of one State permanently residing in the territory of another State,  

      Striving in the interests of their citizens to ensure equal living conditions in the territories of both Sides,  

      Having regard to the provisions of the B935100_ Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed in Minsk on January 22, 1993,  

      Reaffirming their obligations arising from universally recognized international human rights instruments to which they are parties,  

      We have agreed on the following:  

       Article 1  

      1. For the purposes of this Agreement, a citizen of one Party is considered to be permanently residing in the territory of the other Party if, on the basis of a permit issued by that other Party, he permanently resides in its territory and is not a person permanently residing in the territory of his nationality.  

      2. In this Agreement:  

      (a) "Party of nationality" means a Party whose national is a citizen of one Party who permanently resides in the territory of the other Party;  

      b) "Party of residence" means the Party in whose territory a citizen of the other Party permanently resides.  

       Article 2  

      1. A certificate recognized by the Parties certifying the status of a citizen of one Party permanently residing in the territory of the other Party, in accordance with this Agreement, is a document issued by the competent authorities of the Party of residence, or a mark affixed by the competent authorities of the Party of residence in documents certifying the identity or nationality of the said person, in accordance with the legislation of the Party of citizenship, as well as in documents granting the right to cross the state border, with the exception of diplomatic and official passports.  

      2. The Parties shall exchange samples of documents and marks referred to in paragraph 1 of this Article, as well as information on which persons they grant the status of a citizen of one Party permanently residing in the territory of the other Party, in accordance with this Agreement. These exchanges are carried out through the consular offices of the Parties.  

      3. The study, work, business trip, military service of a citizen of one Party permanently residing in the territory of the other Party does not affect his legal status determined by this Agreement.  

       Article 3  

      1. A citizen of one Party permanently residing in the territory of the other Party is obliged to comply with the Constitution and legislation, and respect the traditions and customs of the Party of residence.  

      2. A citizen of one Party permanently residing in the territory of the other Party retains legal ties with the Party of nationality and enjoys the protection and protection of both Parties in accordance with their national legislation.  

       Article 4  

      1. A citizen of one Party permanently residing in the territory of the other Party shall enjoy the same rights and freedoms and bear the same duties as citizens of the Party of residence, with exceptions established by this Agreement.  

      2. A citizen of one Party permanently residing in the territory of the other Party shall not enjoy the following rights:  

      a) to elect and be elected to the highest state positions and representative bodies of state power of the Party of residence;  

      b) participate in a national vote (nationwide referendum) conducted by the Party of residence;  

      c) to hold positions, the appointment to which, in accordance with the legislation of the Party of residence, is related to belonging to its citizenship.  

       Article 5  

      1. State-issued educational documents issued to a citizen of one Party permanently residing in the territory of the other Party at an educational institution of the Party of citizenship are recognized in the territory of the Party of residence, regardless of the date of their issuance.  

      2. The documents specified in paragraph 1 of this Article entitle a citizen of one Party permanently residing in the territory of the other Party to enroll in educational institutions located in the territories of both Parties, and are valid when applying for a job.  

      Article 6  

      1. The Parties, in accordance with their legislation, guarantee to citizens of one Party permanently residing in the territory of the other Party the right to own, use and dispose of property belonging to these citizens.  

      The acquisition of property by citizens of one Party permanently residing in the territory of the other Party is regulated by the legislation of the Party of residence.  

      2. A citizen of one Party permanently residing in the territory of the other Party participates in the privatization of state property of the Party of residence in accordance with the legislation in force in the Party of residence, unless otherwise provided by another agreement between the Parties.  

      Article 7  

      Documents granting the right to cross the state borders of the Parties, including with third countries, are issued by the consular institution of the Party of nationality in the Party of residence in agreement with the relevant authorities of the Party of residence no later than one month from the date of application.  

      Article 8  

      1. The legal capacity and legal capacity of a citizen of one Party permanently residing in the territory of the other Party is determined by the legislation of the Party of residence.  

      2. In cases of limitation or restoration of the legal capacity of a citizen of one Party permanently residing in the territory of the other Party, as well as in cases of recognition of a citizen of one Party permanently residing in the territory of the other Party as missing or declared dead, and in cases of establishing the moment of death of a citizen of one Party permanently residing in the territory of the other Party, the competent authorities one Party informs the relevant institutions of the other Party.  

      Article 9  

      1. Adoption or its cancellation, establishment or cancellation of guardianship or guardianship, in the case when the adoptive parent, guardian or trustee is a citizen of one Party permanently residing in the territory of the other Party, and the person in respect of whom the adoption or its cancellation is carried out, guardianship or guardianship is established or canceled, is a citizen of the Party of residence, is regulated by the legislation of the Party accommodation.  

      2. In the event that an adoption is carried out or cancelled in respect of a citizen of one Party permanently residing in the territory of the other Party, guardianship or guardianship is established or cancelled, the legislation of the Party of nationality shall apply.  

     Article 10

      Disputes between the Parties arising in connection with the application or  

       The interpretation of this Agreement is resolved through consultations and negotiations.  

      Article 11  

      This Agreement shall enter into force from the moment the Parties notify each other of the completion of the internal procedures necessary for its entry into force.  

      Article 12  

      This Agreement is valid for five years from the date of its entry into force and is automatically renewed each time for a subsequent five-year period, unless either Party notifies otherwise six months before the expiration of the specified period.  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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