Key Benefits:
Sanctioned: May 22, 2002.
Promulgated of Fact: 13,06,2002.
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 Appropriate the COOPERATION AND JURISDICCIONAL ASSISTANCE IN MATERIAL CIVIL, COMERCIAL, LABORAL AND ADMINISTRATIVE INTERRE THE ARGENTINA REPUBLIC AND THE RUSSIAN FEDERATION, signed in Moscow .FEDERATION OF RUSIA el on November 20, 2000, which consists of TREINTA and TRESco (3) ARTICLE 2 Contact the national executive branch.DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, 22 MAY 2002.
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EDUARDO O. CHANGE. . JUAN C. MAQUEDA. . Eduardo D. Rollano. . Juan C. Oyarzún.
TREATY
DECADE
COOPERATION AND ASSISTANCE
JURISDICCIONAL
IN MATERIA
CIVIL, COMERCIAL, LABORAL
AND ADMINISTRATIVE
ENTRE
THE ARGENTINA REPUBLIC
and
THE RUSSIAN FEDERATION
The Argentine Republic and the Russian Federation, henceforth known as the Contracting Parties;
Wishing to promote and deepen jurisdictional cooperation in civil, commercial, labour and administrative matters, in order to contribute in this way to the development of their relations, based on the principles of respect for national sovereignty and the equality of reciprocal rights and interests;
Convinced that this Treaty will contribute to the equitable treatment of citizens and permanent residents in the territory of each Party and will facilitate them free access to jurisdiction in those States for the defence of their rights and interests.
Agree to the following:
Chapter I
Cooperation and Jurisdictional Assistance
Article 1
The Contracting Parties undertake to provide mutual assistance and extensive jurisdictional cooperation in civil, commercial, labour and administrative matters.
For the purposes of this Treaty, administrative matters are the procedures of that nature in which remedies are allowed before the courts for the pronouncements of officials and public bodies.
It shall be understood by competent jurisdictional authority that which competes it, in accordance with its legislation, to understand in matters of a civil, commercial, labour and administrative nature, contemplated in this Treaty.
Chapter II
Transmission
Article 2
The requests for legal assistance shall be made through appeals to be transmitted through the respective Central Authorities, which shall be by the Argentine Republic, the Ministry of Foreign Affairs, International Trade and Worship and, by the Russian Federation, the Ministry of Justice.
Notwithstanding the preceding paragraph, the appeals, if necessary, may also be transmitted through diplomatic channels.
Chapter III
Equal Treatment
Article 3
Citizens and permanent residents of one of the Contracting Parties shall enjoy jurisdictional protection in the other Contracting Party on the same terms as citizens and residents of the latter.
The provisions of this article shall also apply to legal persons trained to act in the territory of one of the Contracting Parties in accordance with its legislation.
Article 4
No caption or deposit, whatever its denomination, may be imposed on the basis of the quality of a citizen or permanent resident of the other Contracting Party.
The provisions of this article shall also apply to legal persons trained to act in the territory of one of the Contracting Parties in accordance with its legislation.
Chapter IV
Processing of letters and reception
documents
Article 5
Each Contracting Party shall send to the competent jurisdictional authorities of the other Contracting Party, as provided for in article 2 of this Treaty, the appeals in civil, commercial, labour or administrative matters, where they are intended:
(a) such actions as, citations, requests, locations, notifications or other similar ones,
(b) Receiving or obtaining evidence.
Article 6
The letters must contain:
(a) The name and address of the requesting jurisdictional body;
(b) Individualization of the file with specification of the object and nature of the trial and the name and address of the parties and, for the legal persons; its name and address;
(c) copy of the request and the resolution ordering the issuance of the letter;
(d) name and domicile of the owner of the requesting party in the territory of the required Contracting Party, if any;
(e) indication of the object of the letter, specifying the name, personal data and address of the addressee of the measure and, if it is a legal person, denomination and domicile;
(f) the period of implementation of the Covenant, which may not be greater than six months. This period may be extended by the competent jurisdictional authorities of the requested Party, provided that there is sufficient basis for its extension.
Such extension, as well as its grounds, shall be informed of the competent jurisdictional authority of the requesting Party;
(g) description of the special forms or procedures to be fulfilled in accordance with the law of the requested Party;
(h) any other information that facilitates the fulfilment of the call.
Article 7
If the receipt of evidence is requested, the letter must also contain:
(a) a description of the case that facilitates the trial proceedings;
(b) name and address of witnesses or other legal persons;
(c) text of the necessary interrogations and documents.
Article 8
The fulfilment of the appeals must be carried out by the competent jurisdictional authority of the requested Party and may be refused only when the measure requested, by its nature, is contrary to the principles of public order, the security or sovereignty of the Contracting Party.
Article 9
The competent jurisdictional authority of the requested Party shall have jurisdiction to deal with matters arising from the performance of the requested diligence. If the competent jurisdictional authority of the requested Party declares itself incompetent to proceed with the processing of the appeal, it shall transmit the documents and background of the case to the competent jurisdictional authority of its Contracting Party and shall communicate it to the requesting Party, reporting on this through its Central Authority to its similar authority of the requesting Party.
Article 10
The letters and documents accompanying them shall be written in the language of the requesting Party, attaching a certified translation to the language of the requested Party.
Article 11
The competent jurisdictional authority of the requesting Party may request from the competent jurisdictional authority of the requested Party the place and date on which the requested measure shall be effective, in order to allow the requesting authority, the parties concerned or their respective representatives to appear and exercise the powers authorized by the law of the requested Party
Such communication shall be made in due time through the channels provided for in article 2 of this Treaty.
Article 12
The competent jurisdictional authority of the requested Party responsible for the enforcement of an appeal shall apply its domestic legislation in respect of the proceedings.
At the request of the competent jurisdictional authority of the requesting Party, the competent jurisdictional authority of the requested Party may apply additional special procedures and formalities for the fulfilment of the request, in accordance with the laws of the requesting Party, provided that this is not incompatible with the public order of the requested Party.
Article 13
The competent jurisdictional authority of the requested Party shall apply the coercive procedural means provided for in its legislation.
Article 14
The documents containing the fulfilment of the Covenant shall be communicated by means of the means specified in article 2 of this Treaty.
Where the appeal has not been fulfilled in whole or in part, this fact, as well as the reasons for its failure to comply, shall be immediately communicated to the competent jurisdictional authority of the requesting Party by the competent jurisdictional authority of the requested Party, using the channels specified in article 2 of this Treaty.
Article 15
The fulfilment of the appeal may not result in the reimbursement of any kind of expenses, except where probationary means are requested to cause special erogations or professional appointments to intervene in the proceedings.
In such cases, the data of the person or institution that in the territory of the requested Party shall be disclosed in the body of the letter to be fulfilled in the payment of the expenses and accrued fees.
Article 16
Where the data relating to the address of the addressee of the act or of the person cited is incomplete or inaccurate, the competent jurisdictional authority of the requested Party shall exhaust the means to satisfy the order. To that end, it may also request the competent jurisdictional authority of the requesting Party to provide additional data that will allow the identification and location of the person concerned by the means specified in article 2 of this Treaty.
Article 17
The fulfilment of the letters does not necessarily require the intervention of the party concerned.
Chapter V
Recognition and Enforcement of Sentences and
Arbitrary awards
Article 18
The provisions of this Chapter shall apply to the recognition and enforcement of judgements and arbitral awards made in the territory of Contracting Parties in civil, commercial, labour and administrative matters.
They shall also apply to judgements in respect of damages and restitution of property pronounced in criminal jurisdiction.
Article 19
The request for recognition and enforcement of judgements and arbitral awards by the jurisdictional authorities shall be handled by means of appeals and by means specified in article 2 of this Treaty.
Article 20
The arbitral awards referred to in article 18 of this Treaty shall be effective in the territory of the Contracting Parties if they meet the following conditions:
(a) That they should be covered by the internal formalities necessary to be considered authentic in the territory of the Contracting Party where they were issued;
(b) That these and the annexed documents are duly translated into the official language of the Contracting Party requesting recognition and enforcement;
(c) to emanate from a competent jurisdictional or arbitral body;
(d) That the party against which the decision is to be executed has been duly cited and the exercise of its right of defence has been made possible;
(e) That the decision shall have force of judgement and be enforceable in the territory of the Contracting Party in which it was rendered;
(f) That they do not contravene the principles of public order of the Party requesting recognition or enforcement.
Article 21
A party who in a trial invokes a judgement or arbitral award of any Contracting Party shall accompany a testimony of the judgement or arbitral award with the requirements of article 20 of this Treaty.
Article 22
The arbitral award or award shall not be recognized and executed in the territory of the required Contracting Party if it is incompatible with an earlier or simultaneous pronouncement in a procedure between the same parties, on the same object and for the same facts.
Rule 23
If, for any reason, a judgement or arbitral award cannot be fully complied with, the competent jurisdictional authority of the requested Party may give its consent to partial compliance if requested by the party concerned.
Article 24
Procedures, including the jurisdiction of the respective jurisdictional bodies, for the purposes of recognition and enforcement of arbitral awards or awards, shall be governed by the law of the requested Party.
Chapter VI
Public Instruments
and Other Documents
Article 25
Public instruments emanating from a Contracting Party shall have in the other Contracting Party the same evidentiary force as their own public instruments.
Article 26
The documents emanating from jurisdictional authorities or other authorities of one of the Contracting Parties, as well as the public deeds and documents certifying the validity, date and veracity of the signature or conformity with the original, which are processed by diplomatic, consular or by the Central Authority, are exempt from any legalization, apostille or other similar formality when they are to be presented in the territory of the other Contracting Party.
Article 27
Each Contracting Party shall, by diplomatic means or by the consular Representation, transmit, at the request of the other Contracting Party and for exclusively public purposes, the testimonies or certificates of the records of civil status records, without charge.
Chapter VII
Information Exchange
Rule 28
The Contracting Parties shall, in the form of judicial cooperation, and provided that they do not object to the provisions of their public order, civil, commercial, labour, administrative and private international law reports without any expense.
Rule 29
The Contracting Party providing reports on the meaning and legal scope of its right shall not be liable for the opinion rendered. The Contracting Party receiving this information is not obliged to apply foreign law according to the content of the reply received.
Chapter VIII
Consultations and Dispute Settlement
Article 30
The Contracting Parties shall consult on mutually agreed opportunities to facilitate the implementation of this Treaty.
Rule 31
If a dispute arises on the interpretation, application or compliance with the provisions of this Treaty, the Contracting Parties shall endeavour to resolve it through diplomatic negotiations.
Chapter IX
Final Provisions
Rule 32
This Treaty is subject to ratification and will enter into force at thirty (30) days after the exchange of the respective instruments.
Rule 33
This Treaty shall have an indefinite duration, and may be denounced in writing at any time by any Party through diplomatic channels. This complaint will have effect at the hundred and eighty (180) days of the date it was made.
Made in Moscow, on 20 November 2000, in two original copies, in Spanish and Russian, both equally authentic.
