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.
