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
