On the accession of the Republic of Kazakhstan to the Convention on the Recovery of Alimony Abroad

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The Law of the Republic of Kazakhstan dated December 30, 1999 No. 33-II

The Republic of Kazakhstan should join the Convention on the Recovery of Alimony Abroad, adopted within the framework of the United Nations on June 20, 1956.

President of the Republic of Kazakhstan

Convention on the Recovery of Alimony Abroad

The preamble

Bearing in mind the need for an urgent resolution of the humanitarian problem arising from the situation of those people in need whose fate depends on receiving alimony from persons abroad, bearing in mind that the conduct of court cases or recovery of alimony claims abroad is associated with serious legal and factual difficulties, and desiring to provide the means to resolve such problems and in order to overcome such difficulties, the Contracting Parties have agreed on the following:

Article 1 Purpose of the Convention

1. This Convention is intended to facilitate the recovery of alimony by any person referred to below as a plaintiff who is located in the territory of either Contracting Party, which he claims to be entitled to receive from another person referred to below as a defendant who is under the jurisdiction of any other Contracting Party. This purpose is carried out by the authorities, which are referred to below as transfer and intermediate authorities. 2. The remedies provided for in this Convention complement, but do not replace, all other remedies existing under domestic or international law.

 Article 2 Appointment of appropriate authorities

1. At the time of deposit of the instrument of ratification or accession, each Contracting Party shall entrust one or more administrative or judicial institutions with the performance of the functions of transfer authorities in its territory. 2. At the time of deposit of the instrument of ratification or accession, each Contracting Party shall entrust any public or private institution with the performance of the functions of an intermediary authority in its territory. 3. Each Contracting Party shall notify the Secretary-General of the United Nations without delay of the instructions given on the application of paragraphs 1 and 2 and of any changes related thereto. 4. The said transfer authorities and intermediate authorities may communicate directly with the transfer authorities and intermediate authorities of other Contracting Parties.

Article 3 Submitting a request to the transfer authority

1. If the plaintiff is located in the territory of one of the Contracting Parties, which is hereinafter referred to as the "plaintiff's State", and the defendant is under the jurisdiction of any other Contracting Party, which is hereinafter referred to as the "defendant's State", the plaintiff may file a request to the transfer authority in the plaintiff's State for the recovery of alimony from the defendant. 2. Each Contracting Party shall inform the Secretary-General of what evidence is normally required by the law of the intermediate State to confirm alimony claims, in what order this evidence should be presented, and what other requirements must be met under this law. 3. The request must be accompanied by all relevant documents, including, where necessary, a power of attorney authorizing the intermediate authority to act on behalf of the plaintiff or appoint another person to act on behalf of the plaintiff. It should also be accompanied by a photograph of the plaintiff and, if possible, a photograph of the defendant. 4. The transfer authority shall take all possible measures to ensure that the requirements of the law of the State of the intermediate authority are complied with. In addition to what is required by the provisions of this law, the request must contain the following information: a) the name and surname, address, date of birth, nationality and occupation of the plaintiff, as well as, if necessary, the name and address of his legal representative; (b) The name and surname of the defendant and, as far as they are known to the plaintiff, his consecutive addresses during the last five years, his date of birth, his nationality and his occupation; (c) A detailed statement of the grounds and subject of the request and all other relevant information concerning, in particular, the means and marital status of the plaintiff and the defendant.

Article 4 Transfer of documents

1. The transfer authority shall forward all documents to the intermediate authority of the respondent State, unless it is satisfied that the request is in bad faith. 2. Before transmitting the documents, the transfer authority makes sure that these documents are presented in a form that is appropriate according to the law of the plaintiff's State. 3. The transfer instance may inform the intermediate instance of its opinion on the validity of the request and recommend that the plaintiff be provided with free legal aid and be exempt from expenses.

Article 5 Transfer of judgments and other court orders

1. The transfer authority, at the request of the plaintiff, shall transmit, in accordance with the provisions of article 4, any decision, final or preliminary, and any other court order on alimony rendered in favor of the plaintiff by a competent judicial institution of one of the Contracting Parties, and, if necessary and possible, the protocols of the case in which such a decision was made. 2. The decisions and court orders referred to in the preceding paragraph may be transmitted in place of or in addition to the documents referred to in article 3. 3. The proceedings provided for in article 6 may consist, in accordance with the law of the respondent State, in proceedings for the issuance of an executive order, or registration proceedings, or a new claim based on an order transmitted in accordance with paragraph 1.

Article 6 Functions of the intermediate instance

1. Acting within the powers given by the plaintiff, the intermediate instance shall take all appropriate measures on behalf of the plaintiff to recover alimony, including concluding a settlement agreement and, if necessary, filing a claim for alimony and conducting an appropriate court case and enforcing any decision, ruling or other court order. 2. The intermediate instance keeps the transfer instance informed. If she is unable to perform her functions, she informs the transfer authority of the reasons and returns the documents. 3. Notwithstanding any provisions of this Convention, the law on the basis of which all issues arising in connection with any such claim or case are resolved is the law of the respondent State and, in particular, the private international law of that State.

 Article 7 Individual requirements

In cases where the laws of both Contracting Parties concerned allow for separate requirements, the following regulations apply: a) the judicial institution in charge of the alimony claim may, in order to obtain written or other evidence, file a separate claim either with the competent judicial institution of the other Contracting Party or with any other body or institution designated by the other By the Contracting Party in whose territory this requirement must be fulfilled; (b) In order for the parties to appear or be represented, the authority receiving the request must notify the relevant transfer authority and the intermediate authority, as well as the respondent, of the time and place when and where the requested proceedings should take place; (c) Individual requirements must be fulfilled as quickly as possible; if a separate requirement does not It is carried out within four months upon receipt of this request by the body to which it is addressed, the body that sent such a request must be informed of the reasons for non-fulfillment or delay.; (d) The fulfillment of a separate claim should not entail reimbursement of any fees or expenses; (e) The fulfillment of a separate claim may be refused only: 1) if the authenticity of such a claim has not been established; 2) if the Contracting Party in whose territory the fulfillment is to take place finds that its nature is detrimental to its sovereignty or its security.

 Article 8 Changing court decisions

The provisions of this Convention shall also apply to requests for amendment of court decisions in alimony cases.

Article 9 Exemptions and benefits

1. In the proceedings under this Convention, the plaintiffs are subject to the same treatment and the same exemption from payment of costs and fees that exist for residents or citizens of the State where these cases are conducted. 2. The plaintiffs should not be required, due to their status as foreigners or non-residents, to submit any obligations or make any payments or deposit collateral to secure expenses or for any other purpose. 3. Neither the transfer authorities nor the intermediate authorities shall require any remuneration for the services provided by them in accordance with the provisions of this Convention.

Article 10 Money transfers

The Contracting Parties, whose laws impose restrictions on money transfers abroad, grant the highest priority to money transfers intended for the payment of alimony or to cover the costs of any court case based on this Convention.

 Article 11 The clause on federal States

The following regulations shall apply to federal or non-unitary States: a) for those articles of this Convention, the entry into force of which depends on the issuance of laws by the legislative authority of the federation, the duties of the Government of the federation within these limits are the same as those of Parties that are not federal States.; b) With regard to those articles of this Convention, the application of which depends on the promulgation of laws by each state, province or canton belonging to the federation, which, by virtue of the constitution of the federation, are not obliged to make these laws, the Government of the federation shall, as soon as possible, bring these articles with its favorable review to the attention of the competent authorities of these states, provinces or cantons.; (c) A federal State participating in this Convention shall, at the request of any other Contracting Party, transmitted to it through the Secretary-General, transmit a communication on the laws and customs in force in the federation and its constituent parts relating to any provision of the Convention, indicating the extent to which that provision has been enforced through the promulgation of laws or other means. by measures.

 Article 12 Territorial application

The provisions of this Convention shall apply and apply equally to all Non-Self-Governing, Trust and other Territories for whose international relations a Contracting Party is responsible, unless the latter, upon ratification of or accession to this Convention, has declared that this Convention will not apply to one or more of such Territories. Any Contracting Party that has made such a declaration may at any time thereafter, by notification addressed to the Secretary-General, extend the application of this Convention to any or all of such Territories.

Article 13 Signature, ratification and accession

1. This Convention shall be open until 31 December 1956 for signature on behalf of any State Member of the United Nations, any non-Member State that is a party to the Statute of the International Court of Justice or a member of a specialized agency, and any other non-member State that is invited by the Economic and Social Council to join the Organization. the number of parties to this Convention. 2. This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General. 3. Any State referred to in paragraph 1 of this article may at any time accede to this Convention. The instrument of accession shall be deposited with the Secretary General.

Article 14 Entry into force

1. This Convention shall enter into force on the thirtieth day following the date of deposit of the third instrument of ratification or accession in accordance with article 13.2. For each State that ratifies or accedes to this Convention after the deposit of the third instrument of ratification or accession, this Convention shall enter into force on the thirtieth day after the date of deposit by that State of its instrument of ratification or accession.

 Article 15 Denunciation

1. Each Contracting Party may denounce this Convention by notification addressed to the Secretary-General. Denunciation may also apply to any or all of the Territories referred to in article 12.2. The denunciation shall take effect one year after the date of receipt of the said notification by the Secretary-General, but shall not affect the cases pending at the time of its entry into force.

Article 16 Dispute resolution

If a dispute arises between any Contracting Parties concerning the interpretation or application of this Convention and if this dispute is not resolved by other means, it shall be referred to the International Court of Justice. This is done either through notification of a special agreement or through a unilateral statement by one of the parties to the dispute.

 Article 17 Reservations

1. If, upon ratification or accession, a State makes a reservation to any of the articles of this Convention, the Secretary-General shall transmit the text of that reservation to all States parties to that Convention and to the other States referred to in article 13. Each Contracting Party that objects to this reservation may, within ninety days from the date of transmission, notify the Secretary-General that it objects to this reservation, in which case the Convention will not enter into force between the objecting State and the reserving State. Any State that accedes to the Convention after that may make the same notification upon accession. 2. A Contracting Party may withdraw from an earlier reservation at any time and must notify the Secretary-General of its withdrawal.

Article 18 Reciprocity

A Contracting Party may refer to the provisions of this Convention in respect of other Contracting Parties only to the extent that it is itself bound by this Convention.

Article 19 Notifications made by the Secretary-General

1. The Secretary-General shall inform all Member States of the United Nations and all non-Member States referred to in Article 13 of: (a) the notifications provided for in paragraph 3 of Article 2; (b) information received pursuant to paragraph 2 of Article 3; (c) declarations and notifications made pursuant to Article 12.(d) Signatures, ratifications and accessions made in accordance with the provisions of article 13; (e) The date of entry into force of the Convention in accordance with paragraph 1 of article 14; (f) Denunciations made in accordance with the provisions of paragraph 1 of article 15; (g) Reservations and notifications made in accordance with the provisions of article 17.2. In addition, the Secretary-General shall inform all Contracting Parties of requests for review and responses to such requests in accordance with Article 20.

Article 20 Revision

1. Any Contracting Party may at any time request, in a declaration addressed to the Secretary-General, a revision of this Convention. 2. The Secretary-General shall transmit this statement to each of the Contracting Parties with a request to inform them within four months whether they wish to convene a conference to consider the proposed revision. If the majority of the Contracting Parties answers in the affirmative, the Secretary-General shall convene this conference.

Article 21 Languages and custody of the Convention

The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General, who shall transmit certified copies thereof to all States referred to in article 13. I hereby confirm that the above text is an authentic copy of the Final Act, Resolution and Convention "On the Recovery of Alimony Abroad"adopted at the United Nations Conference on Child Support Obligations, held at the UN Headquarters in New York from May 29 to June 20, 1956. The originals are in custody of the UN Secretary General.

Legal Adviser for the Secretary General

United Nations New York, September 5, 1962

President

Republic of Kazakhstan

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