The Treaty Between The Czechoslovak Socialist Republic And The Ussr On Legal Assistance And Legal Relations

Original Language Title: o Smlouvě mezi ČSSR a SSSR o právní pomoci a právních vztazích

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=35892&nr=95~2F1983~20Sb.&ft=txt

95/1983 Sb.



DECREE



Minister of Foreign Affairs



of 16 December 2002. May 1983



the Treaty between the Czechoslovak Socialist Republic and the Union of

of Soviet Socialist Republics on legal assistance and legal relations

in matters of civil, family and criminal matters



On 12 June 2006. August 1982 in Moscow was signed the Treaty between the Czechoslovak

Socialist Republic of Vietnam and the Soviet Socialist Republics

on legal assistance and legal relations in civil, family and

criminal.



With the Treaty, expressed its approval of the Federal Assembly of the Czechoslovak

Socialist Republic and the President of the Republic has ratified it.

The instruments of ratification were exchanged in Prague on 4. May 1983.



The contract shall enter into force on the basis of article 91 paragraph 1 day ago

June 4, 1983. That date of expiry of the contract between the

The Czechoslovak Republic and Soviet Socialist Republics

on legal assistance in civil, family and criminal matters of 31 July.

August 1957, famous for no 29/1958 Sb.



The Czech version of the Treaty shall be designated at the same time.



Minister:



Ing. Chňoupek v.r.



CONTRACT



between the Czechoslovak Socialist Republic and the Union of Soviet

Socialist Republics on legal assistance and legal relations in matters of

civil, family and criminal matters



The President of the Czechoslovak Socialist Republic and the headquarters of the Supreme

Soviet Union of Soviet Socialist Republics,



guided by the desire to further develop brotherly relations between the peoples of the two States in the

accordance with the Treaty of friendship, cooperation and mutual assistance between the

The Czechoslovak Socialist Republic and the Union of Soviet

Socialist Republics dated June 6. May 1970 and taking into account the

the achieved degree of cooperation in the field of legal relations since the time of the negotiation of

The Treaty between the Czechoslovak Republic and the Union of Soviet

Socialist Republics on legal assistance in civil,

family and criminal matters of 31 July. August 1957, decided to arrange this

Agreement, and to this end have designated their agents:



the President of the Czechoslovak Socialist Republic



Čestmír Lovětínského,



Ambassador Extraordinary and Plenipotentiary of the Czechoslovak Socialist

Republic in the Union of Soviet Socialist Republics,



Headquarters to Supreme Soviet of the Soviet Socialist Republics



Vladimir Ivanovich Terebilova,



the Minister of Justice Union of Soviet Socialist Republics,



who, having exchanged their full powers, found in good and due

the form, agree to the following:



SECTION I



GENERAL PROVISIONS



Article 1



The legal protection of



(1) citizens of one Contracting Party shall enjoy in the territory of the other Contracting Parties

the same legal protection of their personal and property rights as a custom

citizens.



(2) the citizens of one of the Contracting Parties have the right to refer freely and without

obstacles to the courts, the public prosecutor's Office and the State notary (hereinafter referred to as "judicial

authorities ") and the other authorities of the other party engaged in matters

civil, labour, family and criminal matters, can in front of them

Act to make requests and suggestions and make other procedural acts for

the same conditions as the nationals of the other Contracting Party.



(3) the provisions of this Treaty shall apply mutatis mutandis to the legal entities

of the Contracting Parties.



Legal aid



Article 2



The provision of legal aid



(1) the judicial authorities of the Contracting Parties shall provide mutual legal assistance

in matters of civil, family and criminal work, according to

the provisions of this agreement.



(2) in the cases referred to in paragraph 1 the judicial authorities provide legal

assistance also to other bodies.



(3) other authorities on the matters referred to in paragraph 1 shall send to the

the request for legal aid through the judicial authorities if it is not in the

This contract provides otherwise.



Article 3



How to contact



(1) the judicial authorities of the Contracting Parties in the implementation of this agreement

meet each other through the Ministry of Justice of the Czech

the Socialist Republic or the Ministry of Justice of the Slovak

the Socialist Republic or the General Prosecutor's Office of the Czechoslovak

Socialist Republic of Vietnam and the Ministry of Justice or the public prosecutor's Office

Union of Soviet Socialist Republics, if not in this agreement

unless otherwise provided for.



(2) the Ministry of Justice of the Czech Socialist Republic or

the Ministry of Justice of the Slovak Socialist Republic, or

The Prosecutor General of the Czechoslovak Socialist Republic and the

the Ministry of Justice or the Prosecutor's Office of the Soviet

Socialist Republics in the implementation of this agreement, meet directly.



Article 4



The scope of legal aid



The Contracting Parties shall provide legal assistance to the implementation of the

the individual procedural acts governed by the laws of the requested Contracting

the parties, in particular the vyhotovováním and sending of documents, implementation

inspections by withholding, sending and publishing material evidence, the implementation

expert reports, interrogations of participants, the accused, witnesses, experts and

other people, as well as the service of documents.



Article 5



The content and form of a request for legal aid



(1) the request for assistance shall contain:



the requesting authority),



(b)) the designation of the requested authority,



(c)) description of the case, in which asking for legal aid,



(d)) first and last names of the participants, the accused, defendants, inmates

or damaged, their place of residence or temporary residence, their

nationality, profession and in criminal matters also place and date

birth and first and last names of the parents; for legal persons

their name and address,



(e)) where appropriate, name, surname and the address of the representatives of the persons referred to in

(d)),



(f) the subject of the request and other) information necessary to deal with it,



(g)) in criminal matters also description and labelling of the committed offence and the particulars of the

the amount of damage was caused by the offence.



(2) the request for the service of a document has in addition, contain the exact

address of the recipient and the designation of the document to be served.



(3) the request must be signed, and the latter's official stamp

the applicant authority.



(4) for the request for legal aid are used by the Contracting Parties

bilingual forms, specimens of Exchange.



Article 6



Method of processing



(1) the request for assistance shall be handled according to the requested judicial authority

law of his State. At the request of the applicant authority may, however,

the requested judicial authority to apply the provisions on the management of the requesting contracting

the parties, if they are not in conflict with the law of its Member State.



(2) if the requested competent judicial authority for execution of the request,

It shall forward them to the competent judicial authority, and shall inform the requesting

authority.



(3) on the request of the applicant authority, the requested authority shall notify in a timely manner

the applicant authority and interested parties, with interest on it, place and

time processing of the request, in order to be able to participate in accordance with the legal

the order of the requested Contracting Party.



(4) if it is not known the exact address of the person referred to in the request, the requested

the authority shall, in accordance with its legal structure, the necessary measures to

address discovery.



(5) after the execution of the request returns the requested judicial authority documents

the requesting authority; If no legal aid may be granted, the requested

the judicial authority shall communicate the reasons that prevent the execution of the request, and at the same time

Returns the document to the applicant authority.



Article 7



The summons of witnesses and experts and their protection



(1) a witness or expert who is summoned received judicial

authority of the requested Contracting Party arrives before the judicial authority of the requesting

the Contracting Party cannot be regardless of their country of citizenship on her

the territory under criminal or administrative prosecution nor taken into custody

or cannot be executed the penalty for an offence committed before crossing

at its national borders. These persons cannot be prosecuted, also taken into

binding and cannot be enforced punishment in connection with their

witness testimony or an expert's report or in the context of criminal

goods which are the subject of proceedings.



(2) a witness or expert will invalidate the protection referred to in paragraph 1, where the

the territory of the requesting contracting party within a week after that, when the interrogation

the judicial authority shall inform that his presence is no longer necessary, as so

He could do so. In this period does not include the period during which that person

could not leave the territory of the requesting contracting party without his fault.



(3) the witness or expert has the right to pay the costs of travel and stay at

abroad and on the reimbursement of lost earnings during the time when he could not work; expert

Moreover, it has the right to payment. The summons must be noted on the reimbursement of

what costs they have summoned the right; at their request, the judicial

authority of the requesting Contracting Party shall pay the advance to cover the relevant

expenditure.



(4) the summoning of a witness or expert who has a residence in the territory of one

the Contracting Parties, to the judicial authority of the other Contracting Party shall not

contain the threat of the use of coercive means in case

no-shows.



Article 8



Request for service of documents



(1) the requested judicial authority delivers according to the regulations for service


of documents in force in the State, if it is to be served be drawn up

in his language or provided with a certified translation. Otherwise, the surrender document

the addressee, if it is willing to voluntarily accept.



(2) if he can not be served to an address that is listed in the

the request, the requested judicial authority shall take the measures required to himself

address discovery. If the address is not the requested judicial authority

possible, it shall inform the requesting authority immediately and returns the document to him had

to be served.



Article 9



Proof of the service of documents



Delivery confirmation signed by the beneficiary is established and provided with the imprint of the

official stamp, date and signature of the worker of the delivering of the authority or

a certificate issued by that authority which is established, place and time

delivery.



Article 10



Privileges of diplomatic missions and consular posts



(1) the Contracting Parties shall be entitled to serve documents its own citizens

through its diplomatic missions or consular posts.



(2) the Contracting Parties shall be entitled to cross-examine its own citizens

through its diplomatic missions or consular posts.



(3) in the cases referred to in the preceding paragraphs is not possible

use of force or threatening.



Article 11



The validity of documents



(1) of the Charter, which were in the territory of one Contracting Party are drawn up or

validated by a judicial or other authority, or specifically authorised to do so

person within their jurisdiction and in the prescribed form, and were provided with

's official stamp, on the territory of the other contracting party use

without further verification. This also applies to documents of citizens whose

the signature is verified according to the regulations in force in the territory of the Contracting

party.



(2) of the Charter, which are on the territory of one Contracting Party are considered

the public, they have a lot of evidence of public documents also in the territory of the other Contracting

party.



Sending of documents of civil status and other documents



Article 12



Citizens of a Contracting Party requests a copy and sending statements of

the birth registers, documents about education, about the length of employment, or other documents,

relating to personal or property rights and interests of citizens,

be sent to the authorities of the other Contracting Party through the diplomatic channel. These authorities

the documents shall be drawn up in accordance with the laws of your State and send to the

free of charge and without translation through diplomatic channels to the other Contracting Party.

The competent authority in accordance with the applicant's place of residence shall transmit the document to him and at the same time

He selects the costs incurred to the extent the laws of the

the Contracting Party in whose territory the applicant lives. Selected costs belongs

the party under whose authority is chosen.



Article 13



(1) the registry offices of one Contracting Party shall be sent at the request of the authorities of the other

the Contracting Parties for official use extracts from the registry office.



(2) extracts from the registry office to be sent under this article provides, free of charge

and be sent without a translation through diplomatic channels.



Article 14



Legal information



The Ministry of Justice of the Czech Socialist Republic or

the Ministry of Justice of the Slovak Socialist Republic, or

The Prosecutor General of the Czechoslovak Socialist Republic, on the one

hand, and the Ministry of Justice or the Prosecutor's Office of the Soviet

Socialist Republics, on the other hand each other on request

provide information about legislation that applies or applied in their

State, and the practice of judicial authorities when in use.



Article 15



The survey addresses and other data



(1) Contracting Parties shall provide each other on request, in accordance with its

the legal order, to help determine addresses of people staying at their

territory, if it is necessary for the exercise of the rights of their citizens. The requesting

the Contracting Party shall notify it at the same time, the available data necessary for establishing the

address of the person specified in the application.



(2) the judicial authorities of a Contracting Party to provide assistance to the judicial

authorities of the other Contracting Parties in finding employment and income of persons,

to stay on its territory, and against which it is for the judicial authority

the requesting contracting party filed a claim for maintenance.



Article 16



The language of the



(1) During intercourse in the implementation of this agreement the Ministry uses

of Justice or the Ministry of Justice of the CSR, the CSF or the General

the Prosecutor's Office of CZECHOSLOVAKIA Czech or Slovak language, and the Ministry of

of Justice or the Prosecutor's Office of the USSR Russian language.



(2) a letter of request and other requests to be sent under this agreement and the documents to

attached shall be drawn up in the Russian language, if they are determined by the authorities in the

CZECHOSLOVAK SOCIALIST REPUBLIC, and in Czech or Slovak language, if they are determined by the authorities in the USSR,

If it is not otherwise provided for in this agreement.



Article 17



The costs associated with the provision of legal aid



(1) the requested Party will not claim reimbursement of the costs incurred by the

in the provision of legal aid. The contracting parties themselves bear all the

the costs incurred in the provision of legal assistance in their territory.



(2) the requested judicial authority shall inform the applicant authority of the amount of the costs.

Where the requesting authority recovered these costs from the taxable person is to replace,

belongs to the collected amounts to the party which is scored.



SECTION II



LEGAL RELATIONS IN CIVIL AND FAMILY



Article 18



General provisions



If proceedings for the same cause between the same parties in the courts of both

the Contracting Party whose jurisdiction is based on this contract, or, in the

cases that are not covered by this contract, in the courts of both Contracting Parties,

whose jurisdiction is based on the legal system of the respective parties,

the court proceedings later, steering stops.



PART I



CASE STATUS



Article 19



Eligibility for the rights and legal capacity



(1) the capacity of a natural person to perform legal acts is governed by the laws of the

the Contracting Party in which the person is a citizen.



(2) the capacity of legal persons to rights and legal capacity shall be governed by

the legal order of the Contracting Parties, by which it was established.



Waiver, limitation and returns competence to perform legal acts



Article 20



With the exception of the provisions of article 21, to waive the restrictions and eligibility

legal capacity is determined by the jurisdiction of the courts of the Contracting Party of which he is a citizen

the person whose capacity is proposed.



Article 21



(1) if the Court finds that the Contracting Parties for a citizen of a Contracting

the parties, who resides in the territory of the other Contracting Party, are the reasons

for deprivation or restriction of legal capacity, it shall inform the

the Court of the Contracting Party of which the person is a citizen, whose capacity to

legal capacity should be determined; This also applies in this case, where the Court

He made the transitional measures necessary for the protection of the citizen and his

asset.



(2) If a Court of a Contracting Party which has been notified of the reasons for the

deprivation or restriction of legal capacity, does not commence within three

months of proceedings, or does not respond within this period, performs the procedure for deprivation of

or restrictions on the eligibility of legal capacity of the Contracting Parties, the Court, on the

whose territory the residence. In this case, may be

decision on the deprivation or restriction of legal capacity only from

conditions laid down by the laws of both Contracting Parties. The decision on the

deprivation or restriction of legal capacity shall be sent to the competent

the Court of the other Contracting Party.



Article 22



The provisions of articles 20 and 21 shall apply mutatis mutandis also in return

competence to perform legal acts.



Article 23



Declared missing or dead and proof of death



(1) for the Declaration of a person as missing or dead, and for the management of

proof of death is given the power of the judicial authorities of the Contracting Party in which the

the person was a citizen at the time when the last was alive.



(2) the judicial authorities of one Contracting Party may declare that a citizen of the second

Contracting Party for the missing or dead and also see his death on

persons residing in its territory and having the interest on it,

whose rights and interests are backed up by the law of that Contracting Party.



(3) in proceedings for the declared missing or dead or in proceedings on the

proof of death used by the judicial authorities of the Contracting Parties to the legal system

his State.



PART II



FAMILY STUFF



Article 24



The conclusion of the marriage



(1) a marriage is governed by the terms and conditions for each of the future

spouses, the legislation of the Contracting Party of which he is a citizen. However, it must be

compliance with the provisions of the law of the Contracting Party in whose territory the

the marriage is concluded, the obstacles to entering into marriage.



(2) the form of the marriage is governed by the legislation of the Contracting Party in

whose territory the marriage is concluded.



Article 25



The personal and property relations of spouses



(1) the personal and property relations of spouses are governed by the legislation of the Contracting

Party on whose territory the common residence.



(2) if one of the spouses resides in the territory of one Contracting Party and

second on the territory of the other Contracting Party and to have both spouses the same

citizenship is governed by their personal and property relations of the legal

regulations of the Contracting Party of which they are citizens.



(3) if one of the spouses is a citizen of a Contracting Party and the second second

the Contracting Parties, and if one of them residing in the territory of one and the other on


the territory of the other Contracting Parties is governed by their personal and property relations

legislation of the Contracting Party in whose territory they had their last

the common place of residence.



(4) if the spouses, Not covered by the provisions of paragraph 3,

common residence in the territory of any of the Contracting Parties, the

the legal order of the Contracting Parties, which the court seised.



(5) to control the personal and property relations of the spouses is given the power to

authorities of the Contracting Party whose law is to be applied pursuant to paragraphs 1,

2 and 3. In the case referred to in paragraph 4 is determined by the jurisdiction of the courts of both

of the Contracting Parties.



Divorce



Article 26



(1) a divorce is governed by the legislation of the Contracting Party of which they

citizens are married at the time of submission of the proposal.



(2) if one of the spouses is a citizen of a Contracting Party and the second second

the Contracting Parties, the provisions of the legislation of the Contracting Party in whose authority

divorce proceedings in progress.



Article 27



(1) the dissolution of the marriage in the case referred to in article 26(3). 1 is given by

the competence of the authorities of the Contracting Party of which they are citizens, spouses at the time of

submission of the proposal. If both spouses at the time of submission of the proposal resides in the

the territory of the other Contracting Party, it is also given the power of the authorities of that Contracting

party.



(2) to the divorce in the case referred to in article 26(3). 2 is given by

the competence of the authorities of the Contracting Party in whose territory they are both spouses

residence. If one of the spouses resides in the territory of one Contracting Party

and the other, to the territory of the other party to the marriage is given by

the competence of the authorities of both Contracting Parties.



Article 28



Marriage annulment, and determine whether the marriage is, or

It is not



(1) annulment of marriage and determine whether the marriage is

or not, shall be governed by the laws of the Contracting Parties, which was referred to in article

24 used in the celebration of the marriage.



(2) the competence of the authorities in matters of marriage annulment and

determine whether the marriage or not, shall be governed by the provisions of article

25.



Article 29



Destination and the denial of paternity



(1) determination and denial of paternity is governed by the legislation of the Contracting Party in

whose territory the child was born.



(2) as regards the form of the acknowledgement of paternity, if the legal

regulations of the Contracting Party in whose territory the recognition occurs.



(3) to determine the decision-making and the denial of paternity is given the power to

the courts of the Contracting Party in whose territory the child's place of residence.



Article 30



The legal relations between parents and children



(1) legal relations between parents and children are governed by the legislation of the Contracting

the party in whose territory the child permanently lives.



(2) a claim for maintenance of adult children is governed by the legislation of the Contracting

the party in whose territory the residence of the person entitled to maintenance

it applies.



(3) to decide on the legal relations between parents and children is given by

jurisdiction of the courts of the Contracting Party whose law is used by

paragraphs 1 and 2.



Guardianship and custody



Article 31



(1) the establishment or revocation of guardianship or custody is governed by the legal

regulations of the Contracting Party of which the person is a citizen to be guardianship

or guardianship has been established or revoked.



(2) legal relations between the guardian or legal guardian and the person that is

guardianship or guardianship has been established, shall be governed by the laws of the Contracting

Parties, the authority of the guardian or a guardian appointed.



(3) the obligation to accept guardianship or custody is governed by the legal

regulations of the Contracting Party of which a citizen is a person who is to become

the trustee or guardian.



(4) the trustee or guardian of a person who is a citizen of one of the Contracting

parties can be appointed the citizen of the other party, if the resident

on the territory of the Contracting Party where the guardianship or guardianship

perform.



Article 32



For the establishment or revocation of guardianship and custody is given the power to

the authority of the Contracting Party of which the person is a citizen, that the guardianship

or guardianship is established or deleted, if this agreement does not provide for

something else.



Article 33



(1) If you need to take the necessary measures in trusteeship or guardian

to protect the interests of a citizen of one party who resides,

temporary residence or property on the territory of the other Contracting Party, the authority of this

the Contracting Parties shall inform the authority without delay, whose jurisdiction is given by

in accordance with article 32.



(2) in urgent cases the authority of the other party may itself take the

appropriate temporary measures according to their national legal systems, however, must

without delay, notify the authority in whose jurisdiction is based on article 32.

These measures shall remain in force until a time when the authority referred to in

Article 32 shall take a different decision.



Article 34



(1) the authority in whose jurisdiction is based on article 32, may delegate

guardianship or custody on the authority of the other Contracting Party, if

the person to whom guardianship or guardianship has been established, it has on the territory of

that Contracting Party residence, temporary residence, or property. Migration

guardianship or custody will become effective as soon as the requested authority

guardianship or custody and shall inform the requesting

authority.



(2) the authority referred to in paragraph 1 the guardianship or guardianship

He took over the exercises is under the law of his State. However, it does not have the right to

decide on issues that relate to the personal status of the person to whom the

guardianship or guardianship has been established, but may give permission to

the marriage, which is required under the law of a Contracting

Parties, of which the person is a citizen.



Article 35



Adoption



(1) the adoption or its dissolution is governed by the legislation of the Contracting Parties,

the adoptive parent is a citizen at the time of submission of the application for adoption or

its cancellation.



(2) if the child is a citizen of the other Contracting Party, it is necessary for the adoption or

the cancellation of the legal representative and the relevant State authority,

as well as the consent of the child, if required by the legislation of the Contracting Parties,

which the child is a citizen.



(3) if the child is osvojováno the spouses, one of whom is a citizen of one of the

the Contracting Parties and the other a citizen of another Contracting Party is governed by the adoption of a

or cancel the provisions of the laws of both Contracting Parties.



(4) the proceedings in cases of adoption or its dissolution is given the power to

the authorities of the Contracting Party of which the adoptive parent is a citizen at the time of submission of the proposal

on the adoption or its dissolution. In the case referred to in paragraph 3 is given by

the power authority of the Contracting Party in whose territory the spouses or

should the last common place of residence or temporary residence.



PART III



THE ESTATE OF THINGS



Article 36



Form of legal acts



(1) the form of the legal act shall be governed by the laws of the Contracting Parties, which

is governed by the legal act itself. However, if it was done

the law of the place where there was a legal operation.



(2) the form of the legal act relating to real property, shall be governed by

regulations of the Contracting Party in whose territory the property is.



Article 37



The right of ownership



The right of ownership to immovable property shall be governed by the laws of the Contracting Parties,

on whose territory the immovable property is situated. Jurisdiction in matters relating to the

real estate is given the power of the judicial authorities of that Contracting Party.



Article 38



Liquidated damages



(1) claims for damages, unless the violation of obligations

arising out of contracts and other legal acts shall be governed by the laws of the

the Contracting Party in whose territory the infringement or to the event

giving entitlement to compensation.



(2) if the person who caused the damage, and the corrupted are citizens of the same

the Contracting Parties shall be entitled to compensation for the damage shall be governed by the laws of this

the Contracting Parties.



(3) the proceedings referred to in this article is given the power of the Court

the Contracting Party in whose territory the Act or event has occurred,

giving entitlement to compensation. The sufferer may also submit a proposal for

the Court of the Contracting Party in whose territory the defendant has a place of residence.



PART IV



THE ESTATE OF THINGS



Article 39



The principle of equality



Nationals of one Contracting Party may acquire property or rights in the territory of

the other party or by inheritance from the will, under the same

conditions and to the same extent as its own citizens.



Article 40



Inheritance law



(1) the succession to movable property is governed by the laws of that Contracting Party in

the territory of which the deceased was the last place of residence.



(2) the inheritance of immovable property shall be governed by the laws of that Contracting Party,

on whose territory the immovable property is situated.



(3) an assessment of whether the assets that are the subject of succession, is considered to be

for movable or immovable, shall be governed by the laws of that Contracting Party in

whose territory the property is situated.



Article 41



Deaths



If it is not in accordance with the legal order of the Contracting Parties governing inheritance,

the heirs, the movable property that is the subject of succession, the Contracting

the party, which at the time was a citizen of the testator's death, and immovable property

that is the subject of a succession, the Contracting Party in whose territory the

is located.



Article 42



Last will and Testament



(1) the capacity to establish or revoke a will, the legal effects of defects of speech

will, as well as ways of denial of the validity of a will is governed by the laws of the


the Contracting Parties, of which the testator was a citizen at the time of establishment, or

revocation of a will.



(2) the form of a will is governed by the legislation of the Contracting Party in which the citizen of the

the deceased was at the time the will is made. However, if the legal

the order of the Contracting Party in whose territory the will was made. The same applies to

the form of revocation of a will.



Article 43



Jurisdiction in matters of succession



(1) for consideration of movable heritage is given the power of the judicial authorities

the Contracting Party in whose territory the deceased was residing at the time of its

death.



(2) for consideration of immovable heritage is given the power of the judicial authorities

the Contracting Party in whose territory such heritage is.



(3) the provisions of paragraphs 1 and 2 shall also apply to discuss disputes that

arise in connection with the cases of the heritage.



Article 44



Permission of the diplomatic mission or consular post in matters of succession



In matters of succession including inheritance disputes are diplomatic missions or

consular authorities of the Contracting Parties shall be entitled to be represented, with the exception of rights

refuse the inheritance, without a special power of Attorney, before the authorities of the other Contracting

by the citizens of their State, if they are absent or

has failed to appoint a representative.



Measures to ensure the heritage



Article 45



(1) the authorities of the two Contracting Parties shall in accordance with their national legal systems

measures necessary to ensure or to manage their heritage

the territory of the other party's citizen left behind.



(2) on the measures taken pursuant to paragraph 1 shall be notified, without delay,

the diplomatic mission or consular post of the other party, which may

be present at the execution of these measures. On a proposal from the diplomatic mission or

consular post may be the measures taken under paragraph 1 amended

cancelled or postponed.



(3) at the request of the judicial authority, whose jurisdiction to discuss heritage

is given, the measures can be taken under paragraph 1 amended, repealed

or postponed.



Article 46



Death of a citizen of one party at the time of a short stay in the territory of

the other Contracting Party, the things that he had, after their

the inventory shall transmit, without any control, a diplomatic mission or

consular post of a Contracting Party, of which he was a citizen. These things can

be exported from the State in which a citizen had died, only in accordance with

the laws of this State.



Article 47



The opening of the will



The opening and publication of the will performs the judicial authority of the Contracting Party in

whose territory the will is. If the probate proceedings given the power to

the judicial authority of another Contracting Party, he shall send a certified copy of the

Wills and the Protocol on its opening and publication.



Article 48



Editions heritage



Has to be after the succession in the territory of one Contracting Party

movable property that is the subject of succession, or the amount obtained from the sale of

movable or immovable property that is the subject of succession, passed

the heirs, whose place of residence or temporary residence is on the territory of the other

the Contracting Parties, and not them or their representatives, or

This amount directly to the issue, the property that is the subject of the succession,

or the amount obtained from the sale of its diplomatic mission or consular

the Office of that Contracting Party, provided that:



and the notary called zůstavitelovy) the State of the creditor, if it is determined

the laws of the State where the property that is the subject of the succession, to

lodge their claims within three months;



(b)) all fees and all succession claims, ensure

or paid;



(c)) the competent authorities gave their agreement to the export of goods belonging to the heritage of the

or to convert amounts received their selling, if such consent

required.



PART V



THE COSTS OF PROCEEDINGS



Article 49



Exemption from the security for the costs of the proceedings



The citizens of the Contracting Parties, who act before the courts of the other Contracting

party and who have a residence or temporary residence on the territory of one of

of the parties, you cannot save the lodging of a security for costs of the proceedings only from

because they are foreigners or that they do not have in the territory of the other Contracting

side of the place of residence or temporary residence.



Exemption from fees and advances



Article 50



(1) Citizens of one Contracting Party in the territory of the other Contracting Party

grants exemption from judicial and notarial fees and advances, as well as

free legal aid, under the same conditions as the citizens of the other party

party.



(2) the benefits referred to in paragraph 1 shall apply to all the procedural steps in the

things, including enforcement.



Article 51



(1) the benefits referred to in article 50 shall be granted on the basis of the certificate of

personal, family and financial circumstances of the applicant. This certificate

issued by the competent authority of the Contracting Party in whose territory the applicant

place of residence or temporary residence.



(2) if the applicant does not have his residence or temporary residence in the territory of

of the parties, it is sufficient a certificate issued by the relevant diplomatic missions

or consular office of the Contracting Party of which the applicant is a citizen of.



(3) the authority which decides on applications for relief from the authority, which

issued the certificate request data or needed clarification.



Article 52



(1) a citizen of one party who intends on the territory of the other Contracting

the Parties apply for granting relief under article 50, you may file the application

through the competent authority of its State. That authority shall refer the

the request together with a certificate issued in accordance with article 51 and other papers

submitted by the applicant to the competent authority of the other party in the manner

laid down in article 3.



(2) at the same time with the application for granting of exemptions referred to in article 50 may be filed

also the proceedings and also the request for appointment of a representative or

other possible applications.



SECTION III



RECOGNITION AND ENFORCEMENT OF JUDGMENTS



Article 53



Recognition in non-property matters



(1) final decisions in moral matters, issued by the judicial

authorities of one Contracting Party shall be recognized in the territory of the other Contracting

parties without further proceedings, if the judicial authorities of the other Contracting

the parties have not issued earlier in this decision that has become final,

or if it is not in accordance with this agreement, and in the case of this agreement

not covered, under the law of the Contracting Party in whose territory the

the decision recognised, given the exclusive competence of the judicial authorities of the

the Contracting Parties.



(2) the provisions of paragraph 1 shall apply, mutatis mutandis, also to the

guardianship and custody, and decisions on divorce, which

issued by the competent authorities under the law of the Contracting Party on whose

the territory has been released.



Article 54



Recognition and enforcement of decisions in matters of property



(1) the Contracting Parties shall, under the conditions laid down in this agreement and acknowledge

carry out these decisions issued on the territory of the other Contracting Party:



and the decision of the judicial authorities) in civil, labour and family

financial matters, as well as the Court-approved settlements in these matters

(hereinafter referred to as "the decision"),



(b)) decisions of courts in criminal matters concerning compensation.



(2) the decisions referred to in point (a)) shall be recognised and enforced, if

relate to the legal relationships arising after 9. in May 1958, i.e.. After the entry into

force of the Treaty between the Czechoslovak Republic and the Union of Soviet

Socialist Republics on legal assistance in civil,

family and criminal matters of 31. August 1957. The decisions referred to in (b))

be recognised and enforced, if it was issued after the entry into force of the said

of the Treaty.



Article 55



Proposal for enforcement



(1) the application for enforcement of a decision shall be lodged with the Court, in a case decided

in the first instance. This Court shall forward the proposal in the manner laid down in article

3 the court competent to decide on the proposal. If the applicant has a performance

the decision of the place of residence or temporary residence in the territory of the Contracting Party where

is to be enforced, may be made on

the competent court of that Contracting Party.



(2) the details of the proposal on the enforcement of decisions is governed by the laws of the

the Contracting Party in whose territory the enforcement is to be carried out.



(3) to the application shall be accompanied:



and) decision or a certified copy of this decision, together with the certificate of

acquisition of legal power and enforceability or of enforceability before the acquisition

legal power, if it is not apparent from the decision itself,



b) confirmation that the party against whom the judgment was given, and

that is, management has been properly and timely summoned to the proceedings and in

the case of procedural incapacity was properly represented.



(4) the application for enforcement of a decision and its annexes must be applied to authenticated

translation into the language of the requested Contracting Party; be sent to the needy

the amount of principal, so that one copy remained in judicial

the authority, which will decide on the exercise, and each participant got one

a copy of the.



The method of recognition and enforcement of decisions



Article 56



(1) the recognition and enforcement of judgments in matters referred to in article

54 it is given the power of the Court of the Contracting Party on whose territory it is to be

the decision enforced.



(2) the Court shall decide on the recognition and enforcement of decisions,

be limited to establishing whether the conditions laid down in this agreement.

If it finds that these conditions are met, it shall order the execution of the decision.



Article 57




If in a court in the issuing of a decision on enforcement

doubts may summon the person to request an explanation from him

or impose a duty to eliminate the shortcomings of the proposal. It may also

listen to the mandatory nature of the proposal and request explanations from the

the Court which issued the decision.



Article 58



(1) the performance is governed by the legislation of the Contracting Party in whose territory the project is

the performance is made.



(2) the debtor may lodge at the Court, who ordered the execution of the decision,

objections to the admissibility of his, as well as against the demands of the avowed

the decision, however, only if it is permissible under the rule of law

the Contracting Party in whose territory the decision was issued.



Article 59



The cost of enforcement



Enforcement costs shall be determined in accordance with the legal order of the Contracting Parties,

on whose territory is to be enforced.



Article 60 of the



Refusal of recognition and enforcement of decisions



Recognition and enforcement of a decision referred to in article 54 may be refused,

If:



a) under the law of the Contracting Party in whose territory the decision was

released, was not in the legal power or is not enforceable, except

the decision, which shall be enforceable before the acquisition of legal power;



(b)) under the law of only one Contracting Party has expired in vain

the deadline for the enforcement of decisions;



(c) the applicant or the respondent) did not participate in the proceedings due to the fact that the

him or his representative was not timely and duly served with a summons or in

as a result, that the summons was made public only by Decree, or

Another way, which is not in accordance with the provisions of this agreement;



(d)) was already on the same cause of action between the same parties on the territory of the Contracting Parties,

where the decision is to be recognised or enforced, issued before the decision,

which came into legal force, or if the authority of that Contracting Party

previously launched proceedings in the same case;



e) according to the provisions of this Treaty, and in the case of this agreement

not covered, under the law of the Contracting Party in whose territory the

decision be recognised and enforced, the proceedings in matters of exclusive

the power of its institutions.



Article 61



The export of goods and the transfer of sums



The provisions of this Agreement shall not affect the enforcement of the legal

the legislation of the Contracting Parties on the transfer of sums of money and on the export of items

the obtained performance.



Enforcement of costs



Article 62



(1) If a decision that came into legal force, issued on the territory of the

one Contracting Party imposes a party pay the costs, enables

the competent court in the territory of the other Contracting Party on the draft free performance

the decision for the recovery of these costs.



(2) the costs of the proceedings shall be the costs associated with the translation and

verification of documents referred to in article 64.



Article 63



The request for reimbursement of the costs of the proceedings, which backed up State, serves the Court

the Contracting Party in whose territory the costs incurred.



Article 64



The application for enforcement of a decision shall be accompanied a copy of the decision or its parts

containing the statement of the costs certified by the Court of first instance and the confirmation

issued by the same court, that decision has become final and enforceable.



Article 65



(1) the application for enforcement of a decision on costs, which should lead

control on the territory of the other Contracting Party, be submitted to the Court that issued the

decision on costs, or at the Court which ruled on the matter in the first

the degree.



(2) the Court referred to in paragraph 1 shall send the draft to the competent court the second

the parties in the manner specified in article 3.



Article 66



The Court, which decides on the application for enforcement of a decision on costs,

be limited to a determination of whether the decision took legal force and that it is

enforceable. The decision on the regulation of performance or refusal to

issued without hearing the parties; against this decision may be made

appeal in accordance with the legislation of the Contracting Party on whose

territory on the proposal.



SECTION IV



LEGAL ASSISTANCE IN CRIMINAL MATTERS



PART I



The ISSUE of



Article 67



Obligation to issue



(1) the Contracting Parties undertake, subject to the conditions laid down in this

the contract will be issued at the request of other persons

their territories for criminal prosecution or enforcement of a sentence.



(2) issue for criminal prosecution is permissible for such acts, which are

According to the laws of both Parties punishable and for which may be

imprisonment of a duration of at least one year or punishment

more stringent.



(3) release to the enforcement of the sentence is permissible only for offences punishable under the

the laws of both Contracting Parties, for which it was required by the person

sentenced to imprisonment for a period of at least six months, or to

the stricter penalty.



Article 68



Refusal to issue



(1) for the issue does not occur if:



and the person is required) citizen of the requested Contracting Party;



(b)) under the law of the requested Contracting Party at the time of receipt of the request

the prosecution cannot be initiated or a judgment cannot be enforced in the

due to a limitation or other lawful reason;



(c)) on the territory of the requested Contracting Party was required by a person for the same

Court-crime sentenced by a judgment, which took legal force, or

has the power of a resolution on the termination of the proceeding in the same case;



(d)) under the law of one of the Contracting Parties, the offence is prosecuted to the

the basis of a private action (on the proposal).



(2) release may be refused if the offence in court

respect of which the extradition is requested was committed on the territory of the requested

the Contracting Parties.



(3) if the issue of the refusal, the requesting Contracting Party shall be communicated to the

the reasons for refusal.



Article 69



Extradition request



(1) the request for extradition must contain:



the requesting authority),



(b) the text of the provisions of the Act) the requesting contracting party, according to which

the hearing considered legally an offence



(c) a description of the required options), according to the person, her photograph, her personal

details, including the nationality and details of the place of residence or temporary

stay,



(d) the extent of the damage caused by the Court) a criminal offence.



(2) the request for extradition for criminal prosecution must be accompanied by a certified

a copy of the arrest warrant with statements of fact going on.



(3) the request for extradition for the enforcement of the sentence must be accompanied by a certified true copy of the

the judgment with a supplement about acquisition of legal power and the text of the provisions of the criminal

the law, according to which the person was convicted. If the convicted person has already

He performed the part of the sentence, shall be notified, how much he has done.



(4) the application and its annexes shall be drawn up in accordance with the provisions of article 16.



Article 70



Additional information



(1) If a request for the release of all of the necessary information, the requested

Contracting Party to request additional information, which shall specify the period within

one month. This period may be serious reasons at the request of

the requesting contracting party.



(2) if the claimant does not submit additional data to the requesting contracting party in

the prescribed time limit, the requested Contracting Party shall release the arrested person.



Article 71



Arrest for extradition purposes



After receiving the request, the requested Contracting Party shall, without delay, the measures

the arrest of the person required, except the cases when the issue cannot

occur.



Article 72



The arrest pending extradition requests



(1) a person may be Required, on request, also arrested before receiving

requests for extradition. The application must be accompanied by a reference to the arrest warrant

or judgement, which became legally valid, and a statement that extradition request

will be submitted subsequently. The application for arrest prior to receiving requests for

a release can be made by mail, by telegram or by telex.



(2) required by a person may be arrested without a request referred to in paragraph

1, if there is reason to suspect that she committed in the territory of the other Contracting Party

indictable offence, for which release is possible.



(3) the arrest before receiving the request for extradition must be promptly

notify the other Contracting Party.



Article 73



Release of arrested person



(1) a person arrested under article 72 paragraph 1. 1 may be released,

If the extradition request is submitted within one month from the date of dispatch

communication about the arrest.



(2) a person arrested under article 72 paragraph 1. 2 shall be released,

If the extradition request is submitted within one month from the date of dispatch

communication about the arrest.



Article 74



Postponement of release



If it is required by the person prosecuted or sentenced for another court

an offence in the territory of the requested Contracting Party, it may be the release postponed

the completion of the prosecution, sentence or the abandonment of the

enforcement of the sentence.



Article 75



Temporary release



(1) upon a reasoned request of the person may be required to issue a temporary, if it can

have a deferment issue under article 74 the effect of prescription of the criminal

prosecution, or may significantly impede the investigation of the Criminal Court

scene of the crime.



(2) the person must be released Temporarily returned after performing an action in the criminal

things for which it was issued, but no later than three months from the date of

the handover. In justified cases, the period may be extended.



Article 76



Clash of the applications for the issue



Where a request for the release of several States, the requested Contracting Party shall decide

about which of these applications.



Article 77




Limits punishable released persons



(1) without the consent of the requested Contracting Party cannot be issued by a person criminally

prosecute or execute on her sentence for the indictable offence had been committed before

the release for which has not been released.



(2) issued by a person cannot also be extradited to a third State without the consent of

the requested Contracting Party.



(3) the consent is not necessary if the person leaves the released one month after

the termination of the criminal proceedings, and in the case of a conviction within one month after

the execution of the penalty of imprisonment, the abandonment of the territory of the requesting

Contracting Party, or are there voluntarily to return. In this period,

not including the time during which a person issued without his fault she couldn't

leave the territory of the requesting contracting party.



Article 78



The implementation of release



The requested Contracting Party shall inform the requesting Contracting Party place and time

release. If not taken in the requesting contracting party the person who is to be

released, within fifteen days of the stated date of issue, this person must be

released.



Article 79



Re-release



Avoids the released person criminal prosecution or the execution of punishment and

If he returns to the territory of the requested Contracting Party, will be on a new request

released without the submission of the documents referred to in articles 69 and 70.



Article 80



The communication of the results of the criminal proceedings



The Contracting Parties shall communicate the results of the criminal proceedings conducted

against a person they released. On request, a copy of the final will also send

decision.



Article 81



The transit



(1) the Contracting Party shall, at the request of the other party through its territory

transit of persons issued by the other Contracting Party by a third State.



(2) an application for transit operations shall be submitted and dealt with in the same way

as the extradition request.



(3) the Contracting Parties are not obliged to allow the transit of persons for whose release

under this agreement occur.



(4) the requested Party shall authorise the transit way which considers the

the most appropriate.



Article 82



The cost issue and transit



The costs incurred by the release shall be borne by the Contracting Party in whose territory the arose, and

the costs incurred by průvozem the contracting party requesting the transit.



PART II



TAKING OVER OF CRIMINAL PROSECUTION



Article 83



Commitment to take criminal proceedings against



(1) each Contracting Party undertakes, at the request of the other party

According to its legal system to prosecute its own citizens suspicious that on the territory of the

the Contracting Parties have committed a criminal offence-punishable under the law of the CZECHOSLOVAK SOCIALIST REPUBLIC

Act or offense.



(2) the obligation to prosecute under its own rule of law also applies to

such violations of the law, which under the law of the requesting contracting

the parties are punishable as criminal offences (under the law of the CZECHOSLOVAK SOCIALIST REPUBLIC as criminal

acts or offenses), and under the law of the requested Contracting Party only

as administrative offences.



(3) where the Court of an offence whose prosecution is takes over,

the civil rights of persons damaged a court-the criminal offence,

is, if it was filed for compensation, part of the removed control.



Article 84



Request to take charge of criminal prosecution



(1) a request for the taking over of criminal prosecution must include:



the requesting authority);



(b) a description of the Act) in respect of which the request for prosecution;



(c) the designation of the most accurate) time and place of perpetration of the crime;



(d) the texts of the provisions of the Act) the requesting contracting party, on the basis of

the meeting considered a crime or a misdemeanor, as well as other

statutory provisions, that have a significant importance for the proceedings;



(e) name and surname of the suspect), his country of citizenship, as well as its

other personal data;



(f) notification of victims in the criminal) application proceedings

the victim, as well as proposals for compensation;



g) range of the damage caused by the criminal offence indictable.

The application shall be accompanied by the criminal files and the evidence that is available

the requesting contracting party.



(2) the application and its annexes shall be drawn up in accordance with the provisions of article 16.



(3) if the accused person at the time of submission of the prosecution in relation to the territory of the

the requesting contracting party, the transfer shall be on the territory of the requested Contracting Party.



Article 85



The communication of the results of the prosecution



The requested Contracting Party shall inform the notifying Contracting Party of

the final decision. At the request of the requesting Contracting Party shall send a copy of the

the final decision.



Article 86



The consequences of decisions



If it was in accordance with article 83 Contracting Party request for prosecution, cannot

be after the judgment or final decision after receiving another

authority of the requested contracting party initiated the proceedings in a criminal case before the

the authorities of the requesting contracting party, and it was already started, you must

be stopped.



PART III



SPECIAL PROVISIONS ON LEGAL ASSISTANCE IN CRIMINAL MATTERS



Article 87 of the



Delivery to persons in custody



(1) if it is necessary to hear as witnesses persons who are in

custody or serving a prison sentence in the territory of the other Contracting

Parties, the authorities referred to in article 3, paragraph 3. 1 can enable their delivery

on the territory of the requesting contracting party, provided that such persons will be

held in custody and will be returned in the shortest period of time after the hearing.



(2) there is a need to hear as witnesses persons who are in

custody or serving a prison sentence in a third State, the authorities of the

the requested Contracting Party referred to in article 3, paragraph 3. 1 shall authorise the transit of these

people of his State with the territory by observing the provisions of article 7 (2). 1 and 2.



Article 88



Passing things



(1) the Contracting Parties undertake, on request, transmit to each other:



and) things that were used to commit indictable offence, for

that is the issue in accordance with this agreement possible, things that have been designed to

committing the crime, the perpetrator of the offence which earned or as a reward for him,

where appropriate, that the offender has acquired for the things thus obtained,



(b)) things that may serve as evidence in criminal proceedings; these things

shall be transmitted even when extradition cannot take place from

because of his death, escape, or for another reason.



(2) if the requested contracting party necessarily things as evidence in

criminal proceedings may be delayed until the end of their transmission to the control.



(3) the rights of third parties to the passed things are maintained. After

the trial must be returned free of charge to these things to the party

that is handed over.



Article 89



Communication of condemnation and extracts from criminal records



(1) the Contracting Parties shall communicate each year for information about

the judgments that have acquired legal force and that have been played by the courts of one

the contracting parties over the citizens of the other party, and at the same time be adopted

measures to send the fingerprint taken prisoners.



(2) the Contracting Parties shall, on request, free of charge to communicate information from the

criminal records relating to persons sentenced before their courts,

leads to the territory of the requesting contracting party against such persons

criminal prosecution.



SECTION IV



FINAL PROVISIONS



Article 90



This agreement is subject to ratification.



Article 91



(1) this Treaty shall enter into force on the 30th day from the Exchange

instruments of ratification and shall remain in force for a period of five years.



(2) If no Notice of the parties to this agreement at least six

months before the expiration of the said five-year period, extending its

the validity of the contract of indefinite duration and shall remain in force until it

one of the parties denounces it. Notice of termination must be notified one year

in advance.



Article 92



Date of entry into force of this Treaty, shall terminate the contract between

The Czechoslovak Republic and Soviet Socialist Republics

on legal assistance in civil, family and criminal matters of 31. August

1957.



Article 93



If the Consular Convention between the Czechoslovak Socialist Republic

and Soviet Socialist Republics from 27. April 1972 refers

the Treaty between the Czechoslovak Socialist Republic and the Union of

of Soviet Socialist Republics on legal assistance in matters of

civil, family and criminal matters, it is understood by this reference, after its

entry into force, a reference to this agreement.



Done at Moscow on 12 June 2006. August 1982 in two copies, each in the Czech and

the Russian language, both texts being equally authentic.



From the full power of Attorney

President of the Presidium of the Supreme Soviet of the Union of

Socialist Republic of Soviet Socialist

the republics:

V.r. Lovětínský V.r. Terebilov