The contract between the Republic of Uzbekistan and the Republic of Latvia on legal assistance and legal relations on civil, family, labor and criminal cases.
of May 23, 1996
The Republic of Uzbekistan and the Republic of Latvia which are referred to as further with "Contracting parties"
based on the universally recognized norms of international law,
proceeding from the aspiration to provide equal legal protection of personal and property rights of citizens of both Contracting Parties,
attaching importance to development of legal cooperation in civil, family, labor and criminal cases,
agreed as follows:
1. Citizens of one Contracting Party use in the territory of other Contracting Party concerning the personal and property rights the same legal protection, as well as citizens of this Contracting Party.
2. This provision respectively concerns also to legal entities who are created according to the legislation of one of Contracting Parties.
3. Citizens of one Contracting Party have the right freely and freely to turn to the courts, prosecutor's office, notarial organizations (further referred to as - "organizations of justice") and in other organizations of other Contracting Party within which competence civil, family and labor, including housing, criminal cases are, can act in them, initiate petitions, make claims and perform other legal proceedings on the same conditions, as well as own citizens.
1. Organizations of justice of Contracting Parties give mutually legal assistance on civil, family, labor and criminal cases according to provisions of this agreement.
2. Organizations of justice give legal assistance and to other organizations within which competence the cases specified in Item 1 of this Article are.
3. Other organizations within which competence the cases specified in Item 1 of this Article are direct petitions for legal assistance through organizations of justice.
The legal assistance covers accomplishment of legal proceedings, stipulated by the legislation the required Contracting Party, including, interrogation of the parties, persons accused and defendants, witnesses, experts, conducting examinations, survey, transfer of physical evidences, implementation of criminal prosecution and issue of persons who committed crimes, recognition and execution of judgments, delivery and transfer of documents, provision according to the petition of other Contracting Party of criminal record of persons accused.
When rendering Contracting Parties to legal assistance of organization communicate with each other through the Ministry of Justice and Prosecutor's office of the Republic of Uzbekistan and the Ministry of Justice and the Prosecutor General's Office of the Republic of Latvia if this Agreement does not provide other.
1. The petition for rendering legal assistance and documents attached to it are constituted in state language of the requesting organization. The petition is sealed official the requesting organization and witnessed by the signature of his head (competent person).
2. Transfer into state language of the contractor of the petition, or into Russian shall be attached to the petition for rendering legal assistance and documents attached to it. Translation is certified by the official translator or the notary, either the official of the requesting organization, or diplomatic representation or consular establishment of the requesting Contracting Party.
3. In case of accomplishment of the petition for rendering legal assistance documents are constituted in state language of the contractor of the petition and sent together with transfer into state language of the requesting organization or in Russian. Translation is certified by the official translator or the notary, either the official of required organization, or diplomatic representation or consular establishment of the required Contracting Party.
The documents sent by organizations of justice and other organizations according to the procedure of rendering legal assistance shall be certified by the signature of the competent person and are sealed by official.
1. In the petition for rendering legal assistance it shall be specified:
1) the name of the requesting organization;
2) name of required organization;
3) the name of case according to which the legal assistance is requested;
4) names, surnames and if is available, middle name of persons concerning whom the request, their nationality, occupation and the permanent residence or the place of stay, and for legal litsnaimenovaniye and the location goes;
5) surname and addresses of their representatives;
6) contents of the order, and on criminal cases also the description of the actual circumstances of the committed crime and its legal qualification.
2. If necessary properly verified copies of documents or the statement from them facilitating accomplishment of the petition or necessary for making of the legal proceedings authorized by prosecutors or courts are attached to request.
1. In case of execution of the petition for rendering legal assistance the organization of justice to which the petition is turned applies the legislation of the state. However at the request of organization from which the petition proceeds it can apply procedural rules of the Contracting Party from which the petition proceeds if they do not contradict the legislation of its state.
2. If the organization of justice to which the petition is turned is not competent to perform it, it sends the petition to competent organization of justice and notifies on it organization from which the petition proceeds.
3. In case of the corresponding petition the organization of justice to which the petition is turned notifies organization from which the petition, about time and the place of execution of the petition proceeds.
4. After accomplishment of the petition the organization of justice to which it is turned sends documents to organization from which the petition proceeds. If the legal assistance could not be given, the required organization of justice returns the petition and notifies on circumstances which interfere with its execution.
1. The required organization performs delivery of documents according to the legislation existing in its state if the handed documents are constituted in its language or are supplied with certified translation. In that case when documents are constituted not in language of the required Contracting Party or are not supplied with transfer, they are handed to the receiver if he agrees voluntarily them to accept.
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