The contract between the Kyrgyz Republic and the Republic of Uzbekistan on rendering mutual legal assistance on civil, family and criminal cases
of December 24, 1996
The Kyrgyz Republic and the Republic of Uzbekistan, the hereinafter referred to as Contracting Parties,
being guided by 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 and criminal cases,
agreed as follows:
1. Citizens of one of Contracting Parties and also other persons who are constantly living in its territory use in the territory of other Contracting Party concerning the personal and property rights the same legal protection, as well as own citizens of this Contracting Party.
2. Citizens of each of Contracting Parties, and also other persons living in its territory have the right freely and freely to address to judicial authorities, courts, prosecutor's office, law-enforcement bodies and other organizations of other Contracting Party within which competence civil, family and criminal cases are (further the referred to as "organizations of justice") can act in them, initiate petitions, make claims and perform other legal proceedings on the same conditions, as citizens of this Contracting Party.
3. Item provisions 1, 2 Articles 1 of this Agreement are applied respectively to the legal entities founded in the territories of Contracting Parties according to their legislation.
1. Citizens of everyone of Contracting Parties, and also other persons who are constantly living in its territory are exempted in the territory of the Contracting Party from payment and compensation of the judicial and notarial fees and costs, and also own citizens of this Contracting Party use free legal aid on the same conditions and in the same amount, as.
2. The privileges provided in Item 1 of this Article extend to all legal proceedings performed on specific case including execution of the decision.
1. Privileges, stipulated in Article 2 this Agreements, are provided based on documents on personal, marital and property status of person initiating the petition for privileges. These documents are issued by competent organizations of the Contracting Party in the territory of which has residence or residence of this person.
2. If person initiating the petition has in the territory of Contracting Parties of residence or residence no that, documents, stipulated in Item 1 this Article can be issued to it by the relevant diplomatic representation or consular establishment of the Contracting Party which citizen he is.
3. The organization of justice passing the decision according to the petition for representation of privileges can request in case of need from the organization which issued documents additional data or necessary explanation.
1. Organizations of justice of Contracting Parties afford mutual legal assistance on civil, family and criminal cases according to provisions of this agreement.
2. Organizations of justice give legal assistance and to other organizations on the cases specified in Item 1 of this Article.
3. Other organizations, on the cases specified in Item 1 of this Article direct requests for legal assistance through organizations of justice.
Organizations of justice of Contracting Parties give each other legal assistance by accomplishment of legal and other proceedings, stipulated by the legislation the required Contracting Party, including:
a) creation and transfers of documents, provisions of originals or verified copies of the relevant documents and materials, including bank, financial, legal and business documents,
b) carrying out search, dredging and withdrawal of objects and documents, seizure of property, transfer and issue of physical evidences;
c) carrying out survey and survey,
d) examination productions,
e) interrogation of the parties, victims, persons accused, witnesses, experts;
e) search of persons accused of making of offenses, and also persons, missing persons, issues of persons accused of making of offenses and also for enforcement of the sentence;
ё) initiation of criminal prosecution;
g) provisions of court documents,
h) recognitions and execution of judgments on civil and family cases, sentences on criminal cases regarding the civil action, executive texts,
i) by delivery of documents.
1. When rendering justice of Contracting Parties to legal assistance of organization communicate with each other through the competent authorities.
2. Treat competent authorities:
from the Kyrgyz Republic - the Ministry of Justice of the Kyrgyz Republic, the Prosecutor General's Office of the Kyrgyz Republic, Judicial Department of the Kyrgyz Republic and the Ministry of Internal Affairs of the Kyrgyz Republic;
from the Republic of Uzbekistan - the Ministry of Justice of the Republic of Uzbekistan, Prosecutor's office of the Republic of Uzbekistan, the Ministry of Internal Affairs of the Republic of Uzbekistan.
1. The request for rendering legal assistance shall contain:
a) the name of the requesting organization of justice;
b) the name of case according to which the legal assistance, statement of the purpose, request and the description of the required help is requested;
c) names and surnames of the parties, the victims, witnesses, suspects, persons accused, defendants or convicts, data on their residence or residence, nationality, occupation, for legal entities - their name and the location,
d) in the presence of representatives of persons specified in the subitem "v" and their names, surnames and addresses
e) the reasons of application and the detailed description of the specific procedure accomplishment of which is required,
e) on criminal cases also the description of the facts constituting offense, statement or the text of the relevant laws, and also data on the size of material damage if it was caused as a result of act.
2. If necessary properly verified copies of documents or the statement from them facilitating accomplishment of request or necessary for the legal proceedings authorized by prosecutors are attached to request.
3. In request for delivery of documents the exact address of the receiver and the name of documents shall be also specified.
4. The request shall be signed by the corresponding head of competent authority and is sealed official the requesting organization of justice.
1. In case of execution of request for rendering legal assistance the required organization of justice applies the legislation of the state. At the request of organization of justice from which the request proceeds it can apply procedural rules of the requesting Contracting Party if only they do not contradict the legislation of the required Contracting Party.
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