The Treaty Between The Czechoslovak Socialist Republic And Mongolia On Legal Assistance And Rights. Relations

Original Language Title: o Smlouvě mezi ČSSR a Mongolskem o právní pomoci a práv. vztazích

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=33908&nr=106~2F1978~20Sb.&ft=txt

106/1978 Sb.



DECREE



Minister of Foreign Affairs



of 30 March 2004. March 1978



the Treaty between the Czechoslovak Socialist Republic and the Mongolian

people's Republic on legal assistance and legal relations in

civil, family and criminal matters



On 15 December. October 1976 was in Ulan Bator signed a contract between

The Czechoslovak Socialist Republic and the Mongolian people's

Republic on legal assistance and legal relations in

civil, family and criminal matters.



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 20. February 1978.



According to article 90 of the Treaty has entered into force on 22 October 2005. March

1978.



The Slovak version of the Treaty shall be designated at the same time. ^ ^ *)



First Deputy Minister of:



V.r. Krajčír



CONTRACT



between the Czechoslovak Socialist Republic and the Mongolian people's

Republic on legal assistance and legal relations in

civil, family and criminal matters



The Czechoslovak Socialist Republic and the Mongolian people's Republic

guided by the mutual desire to strengthen and continue to develop the fraternal friendship

and cooperation between the peoples of the two countries in the field of legal relations, decided to

in order to ensure the protection of the rights and interests of citizens of both countries

enter into a contract for the provision of legal assistance and legal relations in

civil, family and criminal matters.



To this end, have designated their agents:



the President of the Czechoslovak Socialist Republic



Paul Király,



the Minister of Justice of the Slovak Socialist Republic,



headquarters of the great folk churalu Mongolian people's Republic



Donoyn Pureva,



the Minister of Justice, the Mongolian people's Republic

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

cool, agreed on this:



PART THE FIRST



General provisions



Article 1



The legal protection of



1. Nationals of one Contracting Party shall enjoy in the territory of the other Contracting

by the same legal protection of their personal and property rights as

its own nationals. They can freely and without obstruction call on

courts and other authorities within whose jurisdiction includes civil, family, and

the criminal case, and are also entitled to apply for the commencement of proceedings for the protection of

their personal and property rights.



2. Nationals of a Contracting Party may call upon the authorities of the other

the Contracting Party within whose jurisdiction includes civil, family and criminal

things under the same conditions as its own nationals.



3. If the competent authority of one Contracting Party referred to in paragraph

1 this article becomes aware of the fact that in its territory or outside its territory

There are heirs or those who have left a will, it shall inform the competent

authority of the other Contracting Party.



4. If a State citizen of one Contracting Party in the territory of the country, dies

which he is a citizen, and if the heir is a citizen of the second

the Contracting Party shall inform the competent authority referred to in paragraph 1 of this

Article diplomatic mission or consular authority of the other Contracting Party.



Article 2



Legal aid



The competent authorities of both parties shall give each other the legal

assistance in civil, family and criminal matters.



Article 3



The scope of legal aid



1. Legal aid shall mean the execution of certain procedural acts,

in particular: implementation of the withdrawal and inspection of objects, seizure of property,

sending and the issue of substantive evidence, the hearing of the parties, the parties to the proceedings,

witnesses and expert witnesses, suspects and accused persons, the drafting and delivery

of documents and execution of letters rogatory.



2. the central authorities of both Contracting Parties, upon request, provide assistance to the

in determining residence of persons on their national territory,

If it is necessary for the exercise of the rights or the performance of their povinnost9

the State's citizens.



Article 4



How to contact



1. the competent authorities of the Contracting Parties shall maintain mutual relations

through its central authorities, if this agreement does not provide for

otherwise.



2. the competent authorities referred to in this agreement are the courts, public prosecutor's Office and

State notary.



3. the central authorities referred to in this agreement are by the Czechoslovak

the Socialist Republic: Attorney-General of the Czechoslovak

the Socialist Republic, the Ministry of Justice of the Czech Socialist

Ministry of Justice of the Slovak Republic and the Socialist

Republic; by the Mongolian people's Republic: State Prosecutor's Office

The Mongolian people's Republic and the Mongolian Ministry of Justice

the people's Republic.



For the provision of information in accordance with article 12 of this agreement is the Central

authority and the Supreme Court of the Czechoslovak Socialist Republic and the

The Supreme Court of the Mongolian people's Republic.



Article 5



The use of languages in legal aid



When mutual relations under this Agreement use the authorities of the Contracting

the parties own or Russian language. However, the documents annexed to the

requests for legal assistance and fashioned in the language of the requesting

the contracting parties must be accompanied by a translation into the Russian language or

the language of the requested Contracting Party.



Article 6



The contents of the request for legal aid



1. the Request for legal aid (hereinafter referred to as "request") must

include the name of the requesting authority, the requested authority name, designation

case in which legal aid is sought, the surname and the names of the parties or

the accused, their nationality, occupation, place of residence or stay,

name and surname and place of residence of their authorised representatives, information

basically the request and in criminal matters, as well as a description and designation of the

the crime, and, if possible, place, date of birth, first and last names of the parents

of the accused.



2. Request and sent the documents must bear the signature and official

stamp of the competent authority.



3. the Request shall be made in accordance with the law of the requesting contracting

party.



4. at the request of the Contracting Parties may use the forms, the text of which

will be agreed with each other.



Article 7



The method of execution of the letters rogatory



1. a Request shall be executed under the law of a Contracting Party which is

the request addressed to it. At the request of the applicant authority, if it is not in the

contrary to the laws of the requested Contracting Party, it may be maintained

such a procedure, and the form of execution of the request, as indicated in the request.



2. If the authority to whom the request is addressed, is not competent to

pending, it shall forward it to the competent authority.



3. the requested authority shall inform the applicant authority of the time and place of execution of the

request.



4. If the person identified in the request does not live at the address, the

the requested authority shall on its own initiative the measures required to address.



5. If the request for legal aid cannot be met, the requested

authority shall inform the applicant authority and shall notify it of the reasons for which

It was not possible to comply with the request.



Article 8



Request for service of documents



1. When completing the request for service of documents sought, the requested

authority within the meaning of article 7 of the Treaty under the law of his State.



2. If the delivery document accompanied by a translation into Russian

language or in the language of the requested Contracting Party, the authority to which the request is

addressed to the recipient of the document, if it is willing to voluntarily

take.



3. Verify the translation makes the State authority, the diplomatic mission or

consular post of a Contracting Party, or by an official translator.



4. Service of documents is confirmed in the acknowledgement of receipt, in which it is to be noted

the date of delivery, the signature of the consignee and courier and also stamp

evidencing the authority. Service of documents may be confirmed by official

the certificate authority from which it is clear, when and how was

served.



Article 9



Delivery of own nationals



1. the Contracting Parties shall be entitled to serve documents through

their diplomatic missions or consular posts of their own State

citizens, if they live on the territory of the other Contracting Party.



2. service of documents referred to in paragraph 1 of this article cannot be

use any coercive means.



Article 10



Protection of witnesses and experts



1. A witness or expert who came to subpoena authority other

the Contracting Parties shall not be regardless of their country of citizenship, held

criminal liability, taken into custody or prosecuted for criminal

an act that was committed before crossing the State borders of that Contracting

party. Likewise, such a person shall not be criminally prosecuted or predominance

in connection with the interrogation as witnesses or experts, or in

connection with a criminal offence, which also has been the subject of legal proceedings.



2. the witness or expert is losing the protection referred to in paragraph 1 of this

Article, if not leave the territory of the requesting contracting party, even if such

the possibility should, within 7 days, starting on the date when the requesting authority

He realized that his presence is no longer needed. In this period,

This does not count the period during which the witness or expert could not without your guilt

leave the territory of the Contracting Parties.



3. the persons who have the right to Summon a claim for travel expenses,


the cost of staying abroad and the loss of earnings and the expert has the right to

a reward for an expert opinion. The summons is to be given, to what

the following persons are entitled to compensation, and, on request, shall be granted

advance on the reimbursement of expenditure provided for.



4. persons summoned to the authority are not required to comply with the summons. In

the summons cannot be used in case of threats of coercion, if the person to

the institution does not comply with the summons summonsed.



Article 11



The cost of legal aid



1. The requested Contracting Party not to require reimbursement of

provision of legal aid. The Parties shall bear all the costs themselves,

incurred in the provision of legal assistance in their territory, in particular whether or not

costs incurred during taking of evidence.



2. the requested authority shall inform the applicant authority of the amount of the costs incurred.

If the requesting authority under the reimbursement of these costs from the person who

is required to pay, the cost of the benefit obtained by the debtor of a Contracting

the party is made.



Article 12



Legal information



The central authorities of both Contracting Parties, on request, provide each other with

information relating to the legislation of their States that apply or

in force in their territory on the legal questions and information about the interpretation of the

their legislation by the competent authorities.



Article 13



Refusal of legal aid



Legal assistance may be refused if it would provide was impaired by

the sovereignty or security of the requested Contracting Party.



Article 14



Legal persons



The provisions of this Treaty shall apply mutatis mutandis to the legal entities.



Article 15



The use of an instrument



1. documents drawn up or certified by a court or other competent authority

in the territory of one Contracting Party, bearing the signature and official stamp

do not require further verification of the courts for the purpose of their use or other

authorities of the other Contracting Party.



2. The provisions of paragraph 1 of this article shall also apply to the Charter, the

which the signatures have been authenticated according to the legislation of either Contracting Party.



3. the instruments drawn up in the territory of one Contracting Party are considered

official documents and are valid on the territory of the other Contracting Party

as its own Charter.



PART TWO



Civil and family matters



Section 1



Personal status



Article 16



Competence to perform legal acts



1. the eligibility of legal capacity of natural persons shall be governed by

the Contracting Parties, of which he is a citizen.



2. the eligibility of legal entities with legal capacity shall be governed by the laws of the

the Contracting Parties, according to which the legal person was established.



Article 17



Restriction and deprivation of legal capacity



1. access restriction and deprivation of legal capacity of the Court

the Contracting Parties, in which the citizen is a person whose capacity

It has to be decided if this Treaty does not provide otherwise. If the Court

one Contracting Party finds that the State of a citizen of the other party,

who is present in its territory, are the grounds for restriction or deprivation of

competence to perform legal acts, it shall inform the competent court the second

the Contracting Parties. This also applies in this case, if the Court will make temporary

measures necessary to protect the person and his property.



2. If the Court of the other Contracting Party, to which they have been notified of the fact

referred to in paragraph 1, shall not initiate the necessary proceedings within three months or, if the

does not respond within that time, the procedure for restriction or deprivation of

legal capacity of the Court of the Contracting Party in whose territory the

This person lives.



In that case, the decision on the limitation or deprivation of

legal capacity to pronounce only on the grounds laid down by the laws of both

of the parties, and will be sent to the competent court of another Contracting Party.



3. The provisions of paragraphs 1 and 2 of this article shall apply, mutatis mutandis, when the

refund or change of competence to perform legal acts.



Article 18



The Declaration of a person as missing, Declaration of death and proof of death



1. The statement of a person for the missing or the dead and to the determination of proof

the death of the competent authorities of the Contracting Party whose nationality was

person at a time, when, according to the latest reports still lived.



2. the institution of one Contracting Party may declare a State citizen of the second

the Contracting Parties for the dead



and a) at the request of the person who intends to make a claim arising from inheritance

or marital property rights to a property that is a missing person

located on the territory of the Contracting Party whose authority carries out control,



(b)) at the request of the husband for a missing person, who at the time of filing the application lives on

the territory of the other Contracting Party, the authority carries out control.



3. In the cases referred to in paragraphs 1 and 2 shall act authorities of the Contracting

of the parties under the law of the State whose citizen the amount

the person at the time when she was alive, according to the latest reports.



Section 2



The case family



Article 19



The conclusion of the marriage



1. the capacity to enter into marriage shall be governed in each and every person that intends to

to marry, the legal order of the Contracting Parties, which

the person is a citizen.



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

whose territory the marriage is concluded. The validity of the marriage between

nationals of the Contracting Parties is always required to maintain

their own legal order.



The personal and property relations of spouses



Article 20



1. If both spouses Have the same nationality, their personal and

property relations the legal order of the Contracting Party whose national

citizens are.



2. If one of the spouses is a national of one Contracting Party and the second

a national of the other Contracting Party, shall be governed by their personal and

property relations the legal order of the Contracting Party whose national

citizens were at the same time both spouses last.



3. If the spouses do not have and have never had the nationality of the same Contracting

the party is governed by their personal and property relations of the legal order of the

the Contracting Party in whose territory the last had a joint or

residence.



Article 21



1. Jurisdiction in matters relating to personal and property relations

the spouses the Court of the Contracting Party whose nationality

spouses are. If the spouses have resided at the time of the court proceedings on the

the territory of the other Contracting Party, on their proposal for a jurisdiction court of this

the Contracting Parties.



2. The initiation of proceedings in a Court of a Contracting Party to ensure that the

the same case was brought in the Court of the other Contracting Party. This

the provisions also apply to articles 23 and 27.



3. If one of the spouses is a national of one Contracting Party and the second

a national of the other Contracting Party, it is in matters relating to

the personal and property relations of the spouses the competent court of the Contracting

Party on whose territory they had their common residence or last;

If you do not have or did not have such a residence, is on these issues

the competent court of the Contracting Party in which the citizen is the respondent.



Dissolution of marriage



Article 22



1. the dissolution of the marriage shall be treated under the law of a Contracting

parties whose nationals were married at the time of submission of the proposal.



2. If one of the spouses is a national of one Contracting Party and the second

a national of the other Contracting Party, it shall have the Court in which the proceedings will

performs, under the law of his State.



Article 23



1. the procedure for dissolution of marriage in the case referred to in article 22

paragraph 1 of this agreement, the competent court is that of the Contracting Party whose

nationals were married at the time of submission of the proposal. If at the time of

submission of the proposal both spouses had their residence to the territory of the other Contracting

the party is also a Court of a Contracting Party competent to act in case of cancellation

marriage.



2. the procedure for dissolution of marriage in the case referred to in article 22

paragraph 2 of this agreement, the competent court is that of the Contracting Party on whose

the territory of the two spouses have their domicile. If one of the spouses has his or her

residence in the territory of one Contracting Party and the second on the territory of the other Contracting

side, to the annulment of the marriage are the courts of both Contracting

party.



Article 24



Marriage annulment



About annulment and about whether the marriage is or

It is not, and the jurisdiction of the courts in these cases, the same

the provisions of articles 22 and 23 of this agreement.



Article 25



Maintenance



Obligation to pay maintenance between persons whose marriage has been annulled

or declared invalid shall be governed by the laws of the Contracting Parties,

the citizen is the person liable to pay maintenance. To do this,

the competent court of the Contracting Party in whose territory he resides, the person

that is required to pay maintenance.



The legal relations between parents and children



Article 26



1. in matters of paternity (denial) is the competent court

the Contracting Party whose nationality the child is. If the petitioner and

the defendant domiciled in the same Contracting Party, is to control the

competent court of that Contracting Party.



2. Determination of paternity (denial) is governed by the laws of the

the Contracting Party whose nationality had acquired the child birth.




3. The form prescribed to the acknowledgement of paternity is upheld in this case,

If it is decided, in accordance with the law of that Contracting Party in

where there has been a recognition.



Article 27



1. legal relations between parents and children, as well as the legal relations between the

a child born outside of marriage and his parents shall be governed by the laws of the

the Contracting Party whose nationality the child is.



2. in matters of legal relations referred to in paragraph 1 of this article is

jurisdiction as the Court of the Contracting Party in which the citizen is

the child and the Court of the Contracting Party in whose territory the child's place of residence or

the stay.



Article 28



1. where this Treaty provides otherwise, it is in matters of education and nutrition

minor children, and in other matters associated with the competent court in the

the Contracting Party whose nationality the child is. The Court of one of the Contracting

the party is competent to act in the matter of nutrition minor children that are

nationals of the other Contracting Party, if entitled to alimony

claims against nationals of that Contracting Party.



2. In urgent cases, it may take the necessary measures to temporarily

the protection of the child's personality and his property, the Court of the other Contracting Party, to the

where the child lives.



3. If the Court, which was the subject of a report referred to in paragraph 2 of this

article does not begin within three months to act on the matter, it shall initiate such proceedings

the Court of the Contracting Party in whose territory the child lives. Its decision shall notify the

the Court of jurisdiction of the Contracting Party in which the citizen is

child.



4. relations between parents and children referred to in paragraph 1 of this article shall

governed by the laws of the Contracting Party of which a citizen is a child.



Adoption



Article 29



1. Adoption or its dissolution is governed by the legislation of the Contracting Parties,

the adoptive parent is a citizen at the time of the adoption or its dissolution.



2. If the child is a national of the other Contracting Party, the

adoption or its dissolution to annotate declarations of consent of the child if

required under the legislation of a Contracting Party which

child is a citizen. In addition, it is necessary to obtain the consent of the legal representative

the child and the relevant State authority of the other Contracting Party.



3. If the child is osvojováno the spouses, one of whom is a citizen of

of one party and the other a citizen of another Contracting Party, is

adoption or its termination shall be made in accordance with the laws of both

of the Contracting Parties.



Article 30



1. on the adoption of management or of its cancellation, the competent authorities

the Contracting Party whose nationality is the adoptive parent at the time of the adoption of

or its cancellation.



2. In the case referred to in article 3(1). 29 para. 3 the competent authority of the Contracting

the party in whose territory the adoptive parents have or had last common

residence or stay.



Guardianship and custody



Article 31



1. the establishment of guardianship and custody or the cancellation shall be governed by

the order of the Contracting Parties whose nationals are persons over the

guardianship or custody shall be established (hereinafter referred to as "ward").



2. the legal relations between the guardian or guardian and ward are

established legislation of the Contracting Party whose authority determines the guardian

or guardian.



3. the obligation to accept the guardian or guardian shall be governed by

regulations of the Contracting Party in which the citizen is the guardian or

guardian.



4. To act in matters referred to in this article belongs to the authorities responsible under

the place of residence of the person, above which establishes a guardianship or

custody.



Article 32



1. where this Treaty provides otherwise, is competent to decide on the

the establishment and abolition of guardianship or guardianship authority of the Contracting Parties,

the citizen is the guardianship.



2. the decision on the establishment and revocation of guardianship or custody issued by the

authorities of one Contracting Party, if they relate to its own State

citizens have legal force on the territory of the other Contracting Party.



Article 33



1. If you need to perform on the territory of the Contracting Party of measures necessary to

protection of the interests of the citizen of the State of the other party who resides

or property in the territory of the first Contracting Party, the competent authority of the

the Contracting Parties shall be obliged to immediately inform the diplomatic mission

or consular authority of the other party.



2. In urgent cases the competent authority may itself undertake a preliminary

measures in accordance with their national legal systems, which shall immediately inform the

diplomatic mission or consular post of the other party. Preliminary

the measures are valid as long as the competent authority of the other Contracting

unless otherwise decided by the parties, which shall inform the authority which carried out the preliminary

measures.



Article 34



1. a Court of a Contracting Party competent under article 32 para. 1 this agreement

can transfer guardianship or custody on the authority of the other Contracting

Parties to guardianship in the territory of that Contracting Party of its residence

or residence or property. Transferring guardianship or guardianship

shall take effect when the requested authority takes on himself the guardianship

or guardianship and shall inform the requesting authority thereof.



2. the authority of the Contracting Party referred to in paragraph 1 of this article has taken over

guardianship or custody, it leads under the law of their

State. However, it is not empowered to decide on issues relating to personal

the status of the ward.



PART THE THIRD



Property



Article 35



1. the form of legal acts shall be governed by the legal order which governs the

legal action, but it is enough to proceed according to the law

in force in the place in which the legal act occurred.



2. the form of legal acts relating to immovable property shall be governed by

the Contracting Party in whose territory the property is.



Article 36



1. the contractual obligations between individuals, as well as the physical and

legal persons, except for the obligations relating to real property

property, is governed by the legislation of the Contracting Party in whose territory the

an agreement, if the parties have agreed on the use of another

the rule of law, which applies to obligations.



2. the obligations of the unlawful acts and other events that according to the law

liability is governed by the legislation of the Contracting Party on whose

an act or other event occurred.



Article 37



1. the negotiations on the draft, which was established on the basis of relationships as referred to in

Article 36 of the Treaty, the Court of the Contracting Party on whose

the territory of the respondent is domiciled. In these cases the competent court and the Contracting

the party in whose territory the claimant resides, provided that the

This territory is the subject of the dispute or the assets of the respondent.



2. the parties to the contract law a legal relationship may agree on the change

jurisdiction of the Court in the cases referred to in article 14(2). paragraph 36. 1 of this agreement.

However, it is not permitted by this agreement to change the jurisdiction of the courts.



PART THE FOURTH



Inheriting



Article 38



The principle of equality



1. Nationals of one Contracting Party may acquire the property and rights of

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

conditions and to the extent as their own nationals.



2. Nationals of one Contracting Party may dispose of their wills

property located on the territory of the other Contracting Party.



Inheritance law



Article 39



1. the right of succession to movable property is governed by the laws of that Contracting

Parties, of which the testator was a citizen at the time of his death.



2. the right of succession to immovable property shall be governed by the laws of that Contracting

the party in whose territory the property is situated.



Article 40



1. eligibility to establish or revoke a will, as well as the legal effects of defects

expression of will is governed by the legislation of the Contracting Parties, which

the testator was a citizen at the time of expression of will.



2. form of the will and the form of its cancellation are governed by the legislation of the Contracting

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

revocation of a will. As regards the form of acquisition or revocation of a will, simply,

If you follow the law of the Contracting Party on whose

the territory of the will was acquired or cancelled.



Article 41



If under the law of a Contracting Party, which governs inheritance

right, heritage and not the heirs, movable property

the benefit of the Contracting Party of which the testator was a citizen in the

the time of death and real property becomes the property of the Contracting

Party on whose territory it is located.



Jurisdiction in matters of succession



Article 42



1. To discuss the succession to movable property is the competent authority of the Contracting

Parties, of which the testator was a citizen at the time of death, if the

This agreement provides otherwise.



2. To discuss the succession to immovable property, the competent authority

the Contracting Party in whose territory the property is situated.



3. The provisions of paragraphs 1 and 2 of this article applies mutatis mutandis to the

disputes arising on the basis of inheritance law.



4. If the subject of the heritage is a movable property that remained after the death of

the State of a citizen of either Contracting Party in the territory of the other Contracting Party,

and if all the heirs so agree, the remainder of heritage on a proposal from


the heirs of the testator, or by the competent authority of that Contracting Party.



Article 43



The assessment of whether it is a movable or immovable property shall be governed by the

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



Article 44



Notification of death



If a citizen of one party dies in the territory of the other Contracting

the parties, the competent authority shall immediately inform the

diplomatic mission or consular post shall notify the other Contracting Party and

to him everything that is known about him, their place of residence or dědice stay on

the extent and value of the estate, as well as about whether the will was made.

If the competent authority of one of the contracting parties known to the deceased

the property remained in the territory of a third State, is obliged to notify the other

Contracting Party.



Article 45



Measures to ensure the protection of the heritage of



Authority of the Contracting Party in whose territory the national inheritance citizen

the other Contracting Party shall be obliged to immediately inform the diplomatic mission

or consular authority of the other Contracting Party on the measures taken to

ensuring the protection of heritage. Representatives of these authorities may directly or

through their agents take part in the implementation of these measures.

Measures taken for the protection of the heritage of the design may be diplomatic

Mission or consular post amended or repealed.



Article 46



The opening of the will



The opening and publication of the will is the competent authority of the Contracting Party in

whose territory the last will and Testament and into whose jurisdiction finds belong to the management of

matters of succession. If the deceased lived in the territory of the other Contracting Party, the

sent to the competent authority of the Contracting Party in whose territory it is conducted

proceedings, a copy of the will, and the Protocol on the status and content of the heritage and according to

circumstances and a Protocol on the opening of the will. The request will be sent to you and

the original wills and whether or not a Protocol on the opening and publication of the will.



Article 47



Privileges of diplomatic missions or consular posts in

Heritage



1. the staff of the diplomatic mission or consular post of the Contracting Party

they are entitled to represent before the authorities of the other party, without

the special authority, its own citizens, if they are absent

or designated representative.



2. Death of a national of one Contracting Party in the territory of the other Contracting

the party, which had no resident will be handed things that u

He, without further proceedings, and after payment of the debts along with their

list of diplomatic mission or consular post of a Contracting Party,

of which he was a citizen.



The issue of succession and inheritance taxes



Article 48



1. If, in the territory of one Contracting Party finds the movable estate,

will be issued to the authority competent to execute the succession or

the diplomatic mission or consular post of the Contracting Party in which the

the testator was a citizen, subject to the conditions referred to in

Article 49 paragraph. 2 (a). (b)) of this agreement.



2. The inheritance of immovable property belongs to the party of the

which such property is situated.



3. Inheritance of movable property belongs to the party of which the

the testator was a citizen at the time of death.



4. If the inheritance proceedings pursuant to article 42 paragraph 1. 4 of this Treaty

carried authority of the Contracting Party in whose territory the property is situated,

they collect fees according to the legislation of that Contracting Party.

The party, which in these cases in accordance with their national legal systems

movable property to the other party, does not collect inheritance taxes of the

published by the asset.



Article 49



1. Movable inheritance or the proceeds obtained from the sale of movable or

immovable property in the territory of one Contracting Party shall be issued after the end of

succession to heirs who are residing or staying in the territory of the other

the Contracting Parties. If the inheritance or proceeds cannot be directly

heirs or their agents, the diplomatic mission or

consular post of the other Contracting Party.



2. In accordance with the provisions of paragraph 1 of this article submission can be

carried out under the condition that



and) were secured or paid all inheritance taxes and all

claims;



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

or to transfer the proceeds obtained their sales;



(c)) have been paid or secured all claims of creditors

the deceased, who have logged on within the period specified by the laws of the Contracting

Party on whose territory the heritage place is located.



PART THE FIFTH



The costs of proceedings



Article 50



Exemption from the composition of the defence guarantees



1. where this Treaty provides otherwise, the courts of one of the Contracting

the parties request the composition guarantees the claim costs from State

the citizens of the other party, who are parties to the proceedings.



2. Benefits referred to in paragraph 1 do not belong to nationals of the Contracting

the parties, who are resident in the territory of a third State with which does not consider the

the incoming party contract guaranteeing mutual enforceability

decision.



Exemption from court fees



Article 51



Nationals of one Contracting Party are before the courts of the other party

exempt from court fees and notary fees and have the right to

the provision of free legal counsel under the same conditions and in the

the same extent as its own nationals.



Article 52



1. an application for exemption from court fees may be submitted through

the competent court of the Contracting Party of which a citizen is a person

that proposal was lodged. This Court shall refer the application for exemption from court

the charges, along with certificates issued in accordance with article 53 of the Treaty and the

other documents relating to the proceedings that they submit

the appellant, the Court of the other Contracting Party in accordance with the provisions of article 4 of this

of the Treaty.



2. At the same time with a proposal for exemption from court fees may be submitted

proceedings in a case for which it is proposed that the exemption from

court fees, as well as a proposal for the appointment of a lawyer or

other relevant suggestions.



Article 53



1. The application for an exemption pursuant to article 52 of the Treaty, it is necessary to

attach proof of personal, family and financial circumstances

the petitioner, issued by the competent authority of the Contracting Party in whose territory the

the applicant is resident.



2. If the applicant does not have in the territory of that party is domiciled or

residence, shall issue a certificate, the diplomatic mission or consular post of his

State.



3. The court hearing on an application for exemption from court fees may

If necessary, request from the authority of the other Contracting Party that the confirmation

He published that information.



Article 54



Exemption from court fees awarded by a Court of one

the parties in a particular case shall apply to all the procedural acts,

to be carried out in the present proceedings the Court of the other Contracting Party.



PART OF THE SIXTH



Recognition and enforcement of decisions of courts and other authorities



Article 55



The recognition and enforcement of decisions in matters of property



1. the Contracting Parties shall recognise and execute this agreement on its

the territory of this decision of the courts and other authorities on the other,

the Contracting Parties:



and the decision of the courts in matters) civil and family and settlements in these

financial matters;



(b)) decisions in criminal matters relating to compensation for damage;



(c) the decision of the arbitral institutions) (courts).



2. the judicial decision within the meaning of the provisions of paragraph 1 of this article

also considered decisions in matters of succession, issued by the authorities of the Contracting

parties who are under the law of the contracting party responsible for

proceedings in matters of inheritance.



Article 56



The conditions for recognition and enforcement of decisions of courts and other authorities



The decisions referred to in article 55 thereof, will recognize and

exercise, if:



and) decision under the legislation of the Contracting Party in whose territory the

It was released, is in the final and enforceable;



(b)) the Court of the Contracting Party in whose territory the decision was

under the legislation of that Contracting Party or under this agreement

competent in the case;



(c)) the party who did not attend the court proceedings, and against which the proposal

on the recognition or enforcement of a decision is directed under the legislation of that

the Contracting Party in whose territory the decision was properly and

timely informed of the hearing of the case and in the case of procedural incapacity was

duly represented;



(d)) in the same case involving the same parties, the final decision, which is not

previously issued by a court or arbitration body (Court) of the Contracting Party on whose

the territory of the decision is to be recognised or enforced;



(e) the enforcement of the decision is not in) contrary to the provisions of article 13 of this

of the Treaty.



Article 57



Recognition of decisions in matters of non-material nature



Final and enforceable decision of immaterial nature issued by courts

one Contracting Party shall be recognized in the territory of the other contracting party without

further proceedings.



Article 58



The conditions for recognition and enforcement of arbitral institutions (courts)



The decision of the arbitral institutions (courts) will be recognised and enforced, if

In addition to the conditions referred to in article 56 of the Treaty are met yet

the following conditions:



and the arbitration body ruled) If a dispute whose decision was

According to the law entitled to;




(b)) when the decision was made on the basis of a written agreement on the

the assignment of a specific dispute or future disputes arising from certain

legal relations to discuss arbitration body (Court) and if

the arbitration body (Court) issued a decision, within the limits of their permissions

laid down in the arbitration agreement;



(c) the assignment of the agreement), to discuss the dispute to binding arbitration

(the Court) is final under the legislation of the Contracting Party on whose

the territory of the decision is to be recognised or enforced.



Article 59



Proposal for enforcement



1. an application for enforcement of a judgment may be made directly to the competent court of the Contracting

Party on whose territory is to be enforced, or the Court, that

in the case as the Court of first instance. In this case, the proposal

It shall refer to the competent court of the other party in the manner prescribed in

Article 4 of this agreement.



2. the application must be accompanied by:



and) judicial decision or a certified copy of this decision to clause

legal and enforcement, if it is not apparent from the very wording of the

the decision;



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

who did not participate in the negotiations, has been properly and timely summoned to the hearing and in the

the case of procedural incapacity was properly represented;



(c)) a certified translation of documents referred to under letters a and b)).



3. If the application concerns the enforcement of a decision of the arbitration body (Court),

It is necessary to connect to it (i) a certified translation of the agreement to refer the dispute to the

discussion of the arbitration body (Court) in this case.



Article 60 of the



Recognition of enforcement



1. the Court, which decides on the application for enforcement, investigating whether

compliance with the conditions referred to in articles 56 and 58 of the Treaty.



2. The decision on the enforcement of a decision issued by the competent court of the Contracting

Party on whose territory the decision to execute.



3. the Court of the Contracting Party in whose territory the decision carries on,

follow the law of his State.



Article 61



Enforcement of costs



1. If a party exempt from court fees according to

Article 51 of this Treaty will be a final decision of a Court of a Contracting

the party ordered to pay the costs, this

on the application of the authorized participant free of charge on the territory of the other

the Contracting Parties.



2. the Court which decides on the authorization of enforcement referred to in paragraph 1

of this article, shall be limited to a determination of whether the decision on compensation

costs of the proceedings is final and enforceable.



3. as regards the reimbursement of the costs of the proceedings, shall apply mutatis mutandis also

the provisions of article 59 of the Treaty.



Article 62



The export of goods and money transfer



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

regulations of the Contracting Parties concerning the export of goods and the transfer of the money earned

power of decision.



PART OF THE SEVENTH



Sending of documents of civil status



Article 63



1. Registry authorities of the parties will be sent to each other's statements from the

the Registry Office concerning status of State citizens of the other party.



2. the Statements referred to in paragraph 1 of this article shall be sent without delay to the

the diplomatic mission or consular post of the other party.



3. The competent authorities of each other for official use shall be sent at the request of

a certificate of civil status.



4. when sending a request, and the handling by the provisions of paragraph 3

This article, the Contracting Parties shall act in accordance with article 4 of this agreement.



Article 64



1. the competent authorities shall send each other final decisions of the courts,

relating to the status of State citizens of the other party.



2. the decision referred to in paragraph 1 of this article shall be sent free of charge

the diplomatic mission or consular post.



Article 65



Nationals of the Contracting Parties may send requests to carry out listings

from the civil registry office directly to the competent authority. The provisions of article 5 of this

of the Treaty shall apply mutatis mutandis.



Article 66



If the registry authority of one Contracting Party shall be made in the matrix

additions or corrections concerning status of State citizen

the other Contracting Parties, will be sent at the request of the Contracting Party of the listing

to the Registrar, containing additional entries and corrections.



PART OF THE EIGHTH



Criminal



Article 67



The release of people



1. The Contracting Parties undertake, under the conditions laid down in this

the contract shall be issued at the request of each other to carry out criminal proceedings or

to sentence persons residing on their territory.



2. the issue of the implementation of the criminal procedure is it is allowed only for such

offences that are punishable under the laws of both Contracting

the parties, and for which it can be under the legislation of both Contracting Parties, save

imprisonment for a period exceeding one year.



3. the issue of the enforcement of the sentence is it is allowed only to such crimes,

that are punishable under the laws of both Contracting Parties, and for which the

the person was sentenced to imprisonment for a term of

more than one year.



Refusal to issue



Article 68



The issue does not occur if:



and) the person whose extradition is sought is a citizen of the requested Contracting

party;



(b)) the offence has been committed on the territory of the requested Contracting Party and has not been

an application for the commencement of a proceeding under article 86 of the Treaty;



(c)) under the law of the requested Contracting Party cannot initiate criminal

proceedings or the judgment cannot be enforced because of the lapse or from other

for legal reasons;



(d) not release it is allowed) according to the legal order of one of the Contracting Parties;



e) against the person, whose extradition is sought was for the same offence on

the territory of the requested Contracting Party handed down a final judgment or criminal

the procedure was finally stopped.



Article 69



If it is not the issue it is allowed, it shall inform the requested Contracting Party,

the requesting contracting party, indicating the reasons for which the release is

rejected.



Article 70



Extradition request



1. The request for extradition for the implementation of the criminal proceedings shall be attached: arrest

orders with a description of the offence, evidence, from which it follows that

the person is reasonably suspected of having committed a criminal offence, text

provisions of the Act that are applicable to the offences referred to in the request.

If the offence was caused by property damage, it is necessary to mention its

the amount of.



2. The request for extradition for the enforcement of the sentence shall be attached: a certified copy of

final judgment, as well as the text of the provisions of the Act, which is

apply to the offense. If the convicted person has already served part of the sentence,

neodpykaném data shall be notified of the sentence.



3. The request for extradition, according to the description of the required person attaches

and her photos, details about her personal circumstances, a public

citizenship and place of residence, if these data are not included in the

the arrest warrant or verdict.



Article 71



Completion of the application for the issue of



If the request for extradition are not given all the necessary information, you may

the requested Contracting Party to apply for their completion and to determine the time within

where additional information is to be sent. This period can be on request

the requesting Contracting Party may be extended.



The arrest of a person for the purpose of release



Article 72



Once the extradition request, the competent authority of the requested Contracting Party

Performs immediate action to track down the person whose extradition is requested,

and, if necessary, shall take measures for its arrest of the (security).



Article 73



1. A person who is about to be released, at the request of arrest even before delivery

request for extradition, if the competent authority of the requesting contracting party

referring to the arrest warrant against that person or the final

judgment, while at the same time, this authority shall notify that it has sent a request to

release. The arrest request can be sent by post, cable, or report

by telephone or other means.



2. the competent authorities of one Contracting Party may arrest a person who is

staying in its territory, even without the submission of the application referred to in paragraph 1 of this

the article, if there is reasonable suspicion that the person committed to the

the territory of the other Contracting Party of the criminal offence referred to in article 67 paragraph 2. 2

of this agreement.



3. About the arrest under the provisions of paragraphs 1 and 2 of this article shall be

immediately inform the competent authorities of the other Contracting Party.



Article 74



1. The competent authorities of the requested Contracting Party stops the proceedings and

the arrested person shall be released on the freedom, if within the period laid down pursuant to

Article 71 of the Treaty do not get additional information to the application for release.



2. A person arrested under the provisions of article 73 of this agreement can be released

to freedom, if the extradition request is not within two months from the date of

When it was sent to a communication on the arrest.



Article 75



Postponement of release



If the requested person leads the criminal proceedings if he or she

sentenced for another offence in the territory of the requested Contracting Party,

release postponed to terminate criminal proceedings, or enforcement of a sentence.



Article 76



Temporary release



1. on the reasoned request of the requesting Contracting Party may be the person whose

the issue is asked to temporarily issue to investigate criminal activities,

If the delay would release referred to in article 75 resulted in limitation

criminal prosecution or would impede the investigation of serious


an offence committed by the person whose extradition is requested.



2. the person shall be released Temporarily after you perform the examination of criminal

activity for which it was issued, returned without delay, at the latest three

months from the date of the temporary release.



Article 77



Request more States on the issue of



If the extradition of a person who has committed one or more offences

acts, asks more of the States, the requested Contracting Party decides which of these

applications, taking into account the State of citizenship of the person whose

the release is requested, and also to the point of committing and the gravity of an offence.



Article 78



The limits of stihatelnosti issued by the person



1. for an offence committed before the release other than the one for which it has been

the release allowed may not be issued to a person without the consent of the requested Contracting

the party prosecuted or extradited to a third State, or not to be

executed punishment.



2. the consent referred to in paragraph 1 of this article is not necessary, if:



and) issued by a person who is not a national of the requesting contracting party,

do not leave its territory within one month from the date of termination of criminal proceedings

and in the case of a conviction, within one month from the date of serving the sentence or

from the date of the exemption. In this period does not include the period during which the

the released person could not without its own guilt to leave the territory of the requesting contracting

party;



(b)) issued by the person left the territory of the requesting contracting party, but then

voluntarily returned.



Article 79



The communication of the results of the criminal proceedings



The requesting Contracting Party shall notify the requested party results

criminal proceedings instituted against the released person. If the released person

She was sentenced, it shall be after the judgment became legally valid, his

a copy of the.



Article 80



Release



1. the requested Contracting Party shall inform the notifying Contracting Party of the place and

time release.



2. If the requesting party does not take the requested person, within 15

days from the date set for the release, it can be released.



Article 81



The rerelease



If it is issued by the person avoids criminal prosecution or the execution of punishment and

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

the request is issued without submission of the documents referred to in article 70 of this

of the Treaty.



Article 82



Transportation



1. the contractor shall, at the request of the other party through its territory

transport of people, issued by a third State party requesting the transfer.

The requested Contracting Party is not obliged to authorise the movement of persons whose

the release can be provided under this Treaty to reject.



2. Applications for authorization to transport shall be submitted and shall be handled in the same way as

the request for extradition.



3. the requested Contracting Party shall permit the movement in such a way that

It considers most appropriate.



Article 83



Release and transport costs



The cost of issue shall be borne by the Contracting Party in whose territory the arose, and

transport costs shall be borne by the Contracting Party that has made a request for extradition.



Article 84



The release of things



1. The requested Contracting Party shall be obliged to issue the requesting contracting party

all the things that have been used to commit a crime, for which the

in accordance with article 67 of this agreement to issue the offender, as well as things that

the offender has gained a criminal act. These things are to be issued in the

If extradition for his death or for other reasons

It is not possible.



2. the requested Contracting Party may withhold release of the goods, if the

needs as evidence in a criminal proceeding.



3. Rights of third parties to the things referred to in paragraph 1 of this article

shall remain unaffected. After the procedure, the competent authority of the Contracting Party

to whom these things have been issued, it shall return them to the competent authority

the requested Contracting Party for the purpose of their surrender to the beneficiary.

If, on the territory of the requesting Contracting Party residing persons to

things have a right, this Contracting Party has the right to cast it with the consent of

the requested Contracting Party directly those persons.



Obligation to initiate criminal proceedings



Article 85



The two Contracting Parties shall undertake, according to their own legislation

begins at the request of the other Contracting Parties to the criminal proceedings against its own

citizens who have committed on the territory of the requesting contracting party a criminal offence,

for which the release is possible.



Article 86



1. the request for the initiation of criminal proceedings of the Czechoslovak party presents

before forwarding the case to the Court, the Attorney General of the Czechoslovak

Socialist Republic and after referral to the Court Secretary

Justice of the Czech Socialist Republic and the Minister of Justice

The Slovak Socialist Republic; from the Mongolian side presented the request

to initiate criminal proceedings before the Court through a State

the Prosecutor and after referral to the Minister of Justice to the Court of the Mongol

the people's Republic.



2. the application shall be accompanied by documents concerning the offence and

the data concerning the person of the offender, as well as other existing evidence.



3. the requested Contracting Party shall inform the requesting Party of the result of

criminal proceedings, and if the judgment, which took legal force,

It shall send a copy thereof.



PART THE NINTH



Miscellaneous provisions



Article 87 of the



The provision of information



1. the Contracting Parties undertake to provide each other with every year

information about final convictions handed down by the courts over the judgments

nationals of the other Contracting Party. The information shall be accompanied

justification of the judgments.



2. In the cases referred to in paragraph 1 of this article, the Contracting

the parties, where possible, sending fingerprints of convicted persons.



3. the Contracting Parties shall, on request, provide each other with information about the

records in the criminal records of persons of third States,

hold on the territory of the requested Contracting Party if these persons are

criminally prosecuted in the territory of the requesting contracting party.



Article 88



A person in custody as a witness or expert



If the person who is in custody in the territory of the requested Contracting Party,

will be summoned to the Court of the requesting contracting party as a witness or

the expert, the Court shall proceed, in the request under article 4 of this agreement.



The provisions of the final



Article 89



This agreement shall be ratified. The exchange of instruments of ratification,

will take place in Prague.



Article 90



This agreement shall enter into force after the expiration of thirty days from the date of the exchange of

instruments of ratification and shall remain in force for five years. The validity of this

the contract shall be extended each time for five years, if even one of the

of the Contracting Parties denounces it in writing at least six months before the expiry of

the period of its validity.



Drawn up in Ulan Bator on 15 December. October 1976 in two copies, each in the

Slovak, Mongolian and Russian languages. In case of differences in interpretation is

prevail in the Russian language.



In witness whereof this agreement was signed by agents and getting it to its

seals.



For the Czechoslovak Socialist Republic:



Dr. Kiraly v.r.



For the Mongolian people's Republic:



Purev v.r.



*) Publishes an English translation here.