The contract between the Republic of Kazakhstan and the Republic of Lithuania on legal assistance and legal relations on civil, family and criminal cases

of August 9, 1994

The Republic of Kazakhstan and the Republic of Lithuania (further referred to as "Contracting parties"), proceeding from the principles of the Contract between the Republic of Kazakhstan and the Republic of Lithuania about mutual understanding and cooperation, attaching importance to development of cooperation in the field of rendering legal assistance on civil, family and criminal cases,

agreed as follows:

Part one. General provisions

Article 1. Legal protection

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.

It concerns as well to legal entities who are created according to the legislation of one of Contracting Parties.

2. Citizens of one Contracting Party have the right freely and freely to turn to the courts, prosecutor's office, notary offices (further the referred to as "organizations of justice") and in other organizations of other Contracting Party within which competence civil, family and criminal cases are, can act in them, initiate petitions, make claims and perform other actions on the same conditions, as well as own citizens.

Article 2. Legal assistance

1. Organizations of justice of Contracting Parties give mutually 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 within which competence the cases specified in Item 1 are.

3. Other organizations within which competence the cases specified in Item 1, are direct requests for legal assistance through organizations of justice.

Article 3. Amount of legal assistance

The legal assistance covers accomplishment of all legal proceedings, stipulated by the legislation the required Contracting Party, in particular, interrogation of the parties, persons accused and defendants, witnesses, experts, conducting examinations, judicial survey, transfer of physical evidences, excitement and takeover of criminal prosecution and issue of persons who committed crimes, recognition and execution of judgments on civil cases, delivery and transfer of documents, provision at the request of other Party of criminal record of persons accused.

Article 4. Procedure for the intercourses

When rendering Contracting Parties to legal assistance of organization communicate with each other through the Ministry of Justice and the Prosecutor General's Office of the Republic of Kazakhstan and the Ministry of Justice and the Prosecutor General's Office of the Republic of Lithuania.

Article 5. Language

1. Requests for rendering legal assistance are constituted in language of the requesting Contracting Party and verified copies of transfer into language of other Contracting Party or Russian are attached to them.

2. Translation is certified by the official translator, either the notary, or the official of the requesting organization, or diplomatic representation, or consular establishment of the requesting Contracting Party.

Article 6. Document creation

The documents sent by organizations of justice and other organizations according to the procedure of rendering legal assistance shall be signed and certified by seal with reflection of the State Emblem.

Article 7. Form of the petition for rendering legal assistance

In petitions 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 and surnames of the parties, persons accused, defendants, convicts, victims, their nationality, occupation and permanent residence, birth date and birth place or place of stay, address and name of legal entities;

5) surnames and addresses of their representatives;

6) contents of the petition, and on criminal cases also the description of the actual circumstances of the committed crime and its legal qualification.

Article 8. Procedure for execution

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 as they do not contradict the legislation of its state proceeds.

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