The contract between the Republic of Tajikistan and Ukraine on transfer of convicts to imprisonment for further serving sentence

of April 2, 2004

The Republic of Tajikistan and Ukraine which are referred to as further "Contracting parties" proceeding from the principles of the state sovereignty, equality and mutual respect, based on rules of international law and wishing to develop interstate cooperation in the field of the criminal law,

considering that serving condemned punishments in the state which citizens they are, promotes more effective goal achievement of execution of the punishment, return of offenders to normal life in society,

being guided by the principles of humanity and respect of human rights, agreed as follows:

Article 1. Determination of terms

1. For goal achievement of this Agreement stated below terms mean:

1) "state of adjudgement" - The contracting Party which court pronounces sentence about condemnation of person to custodial sanction;

2) "state of execution of sentence" - The contracting Party which is given for further serving sentence the person condemned to imprisonment and who is her citizen;

3) "convict" - person condemned by court of one of Contracting Parties for crime execution to custodial sanction;

4) "close relatives" - mother, the father, the husband, the wife, children, brothers and sisters, grandsons, the grandfather and the grandma, the adoptive parents adopted;

5) "legal representatives" - recognized as those according to the procedure, established by the legislation of each of Contracting Parties;

6) "the central bodies" - the bodies of Contracting Parties making decisions on transfer of sentenced persons: for the Republic of Tajikistan: General - prosecutor's office of the Republic of Tajikistan, for Ukraine: Ministry of Justice of Ukraine;

7) "competent authorities" - the bodies of Contracting Parties performing decisions on transfer of convicts;

2. Execution of this Agreement is performed through the central bodies of Contracting Parties.

3. Concerning execution of this Agreement competent authorities of Contracting Parties communicate with each other at the request of the central bodies.

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