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In accordance with the decision of the Parliament:
The provisions of this Act shall apply to international legal assistance and the recognition and enforcement of judgments in civil and commercial matters.
International legal aid within the meaning of this law shall include:
1. Service of procedural documents and other documents;
(2) the hearing of witnesses and experts and interested parties, the acquisition of expert opinions, the provision of audits, the acquisition of documents and objectionists and the receipt and submission of other evidence and reports; For dealing with civil and commercial matters;
3) other legal assistance necessary for dealing with civil and commercial matters.
Subject to any other law, European Union legislation or an international treaty binding Finland, this law shall apply.
The central authority responsible for the tasks covered by this law shall be the Ministry of Justice.
As a central authority, the Ministry of Justice is responsible for:
(1) to receive, where appropriate, legal assistance requests sent by a foreign authority;
(2) itself or through the competent Finnish authorities, take care of the fulfilment of requests for legal assistance sent by a foreign government;
(3) where appropriate, send requests for legal assistance from the competent authorities of Finland to the authorities of a foreign country;
(4) ensure the translation of documents as provided for in this Act;
(5) carry out other tasks within the central authority.
The requested State authority's request for legal assistance shall be made directly to the authority responsible for fulfilling the request. The request may also be sent to the Ministry of Justice.
If a request for legal assistance has been sent to the Ministry of Justice, the Ministry shall, without delay, submit a request to the authority competent to discharge the request.
Where a request for legal aid reaches the authority referred to in paragraphs 1 or 2, the request shall be forwarded to the authority competent to discharge the request.
Legal aid to a foreign State may be made by a court, the Ministry of Justice or another competent judicial authority.
The request for legal assistance shall be sent to a foreign country in accordance with the order required by a foreign country and taking into account the provisions of any agreement which may be in force between Finland and the State. If there is no legal aid agreement between Finland and a foreign country, the request shall be sent to the State via the Ministry of Foreign Affairs.
A request for legal assistance to the Finnish authority by a foreign authority shall be made in writing. The request may also be sent by electronic message. Where there is doubt about the authenticity or content of a request or accompanying document sent in electronic form, the Ministry of Justice or the authority competent to discharge the request shall require that the request be confirmed The necessary branches in writing. Where a request for legal assistance relates to the notification of a document, the request shall be made in writing and accompanied by a document to be served. There is no need to legalise the request for legal aid and related documents, unless there is a specific reason for it.
The request for legal assistance shall contain the following information:
(1) the requested authority and the authority which is requested to take the measure;
(2) the names and contact details of the parties and, where appropriate, of their representatives;
(3) the nature and the subject of the proceedings and the brief description of the case or, if the request relates to the service of the document, the quality of the document;
4) the content and criteria of the request.
If the request relates to the taking of evidence, the request for legal assistance shall also contain the information referred to in Article 21.
A request for legal aid may be met, even if the request does not meet the requirements laid down in paragraphs 2 or 3 if the shortcomings are of a quality that they do not preclude the application of the request.
The request for legal aid addressed to Finland shall be made in Finnish, Swedish or English or shall be accompanied by a translation into one of these languages. The documents relating to the request must also be in Finnish, Swedish or English, or accompanied by translations into one of these languages, unless otherwise provided for in this Act.
Where the request for legal aid or its annexes is drawn up in a language other than that provided for in paragraph 1, the authority competent to discharge the request may, at its discretion, fulfil the request, unless otherwise provided for by this law. There is no barrier.
The request for legal assistance shall be subject to the procedure laid down in accordance with Finnish law, unless otherwise specified below. The request shall be completed without delay and the application shall, where possible, comply with the deadlines set out in the request or otherwise.
If the request for legal aid or supporting documents is so incomplete that the request cannot be met, the requesting State authority shall be requested without delay to supplement the request or to provide further explanations.
If a request for a legal aid cannot be fulfilled, or if the request is delayed, it shall be notified without delay to the authority of the requesting State and, at the same time, indicate the reason for the non-compliance or the reasons for the delay.
In the case of a request for legal aid, the specific form or procedure set out in the request may be complied with if this cannot be considered contrary to Finnish law.
If the request cannot be met in accordance with the procedure set out in the request, it shall be notified without delay to the authority of the requesting foreign authority and shall, at the same time, enquire whether the request must nevertheless be implemented.
If the request for legal aid contains an invitation to appear before a foreign authority, the Finnish authority shall not be obliged to comply with the invitation to be heard and not to use coercive measures to comply with the call for non-compliance. On account.
The obligation of the witness and the plaintiff to comply with the invitation of the court of another Nordic country to appear before the Court of Justice to appear before the Court of Justice in a number of cases (169/1975) .
Legal aid shall not be provided if the provision of legal aid could undermine the sovereignty of Finland or jeopardise the security or other essential interests of Finland. Legal aid is also excluded if the provision of legal aid is contrary to the fundamental principles of the Finnish legal order.
The refusal to grant legal aid shall be decided by the authority competent to discharge the request. Where a request for legal assistance has been sent to a Ministry of Justice acting as a central authority, the Ministry of Justice may, without asking the authority which is responsible for fulfilling the request, decide that legal aid shall not be given if it is obvious that: Legal aid cannot be provided.
The decision to reject a request for legal assistance from a foreign authority shall not be subject to appeal.
The costs arising from the legal assistance provided at the request of a foreign authority shall not be reimbursed by the State which submitted the request, unless otherwise provided for in this Act.
A request from a foreign authority for notification of a service may be sent to the Ministry of Justice or directly to the District Court, which is responsible for the service of service.
The service of the document shall be served by the district court of the place in which the addressee of the tachograph is domiciled or is otherwise able to take care of the service. If the request has been forwarded to a court whose service is not to be served, the court shall immediately send the request and the documents relating thereto to the competent court, unless the requested court or tribunal See for themselves that they can take care of service.
The notification shall be provided in accordance with the procedure under Finnish law to comply with the notification of the corresponding document, or in accordance with the specific procedure set out in the request, if this cannot be considered contrary to Finnish law. However, the document shall not be communicated by means of an alert or any other equivalent.
The service of the document shall be effected in accordance with paragraph 1 if the document to be served is in Finnish or Swedish, or if the document to be served is accompanied by a translation into one of these languages. However, the document may be served without prejudice if the person to whom the document is to be notified agrees to accept it or to control the language in which the document or its translation has been drawn up.
Where service cannot be effected because of an unknown or consignee's whereabouts in Finland or for any other reason, it shall be immediately notified to the requesting State authority and, at the same time, State the reasons for which the notification could not be provided.
In addition to what has been said in Finland, the use of coercive measures may also be exercised by the consular authority of a foreign country or a diplomatic representative of the consular authority.
Where a procedural document is to be served abroad, the court or tribunal shall make a request for service to a foreign authority. The request for service of the remainder of the document shall be made on the request of the District Court.
The request for legal aid for information shall be drawn up in a language approved by the authority for which legal aid is requested. The request for information shall be accompanied by the documents to be served. The request shall include the issuing authority, the relevant information concerning the parties, the addressee's address, the quality of the document to be served, and the specific procedure to be followed in the notification.
If necessary, the documents attached to the request shall be translated into the language accepted by the requested State. The Court is responsible for the translation of the documents it produces. The translation of other documents shall be borne by the party itself.
Where a request for legal assistance by a foreign public authority concerns the hearing of a witness or expert, the presentation of documents, the execution of the review or the acquisition of other evidence, or the hearing and the measure requested, the Jurisdiction, hearing and the taking of evidence shall be exercised by the District Court. The receipt of evidence requires that a case be brought before a court or tribunal of a foreign country which lodged a request, in an arbitration procedure or in a similar dispute settlement procedure.
The hearing of the evidence and the hearing of the parties concerned shall be carried out by the district court of the place of domicile or habitual residence of the person in the tachograph, in which the taking or hearing of the evidence is otherwise appropriate. Happen.
In addition to the information referred to in Article 5 (2), the request for a legal aid to receive evidence shall contain the following information:
(1) upon request, any hearing, his name and address, questions to be submitted to the hearing or the circumstances in which he or she is to be heard, where appropriate, the information contained in the law of the State of the requesting authority; Refuse to testify, any request to receive a certificate on the basis of an oath or a declaration and a declaration to be used and, where appropriate, any other information deemed necessary by the requesting authority;
(2) if requested, other evidence of receipt, examination of documents and other objects;
3) a request for compliance with a specific procedure for the taking of evidence and the relevant information.
Unless otherwise provided, the competent authority of the requesting State, the parties concerned and the person concerned shall be entitled to be present and to ask questions in the hearing of witnesses, experts or interested parties, or When carrying out any other measure requested.
The time and place of the requested measure shall be notified to the requesting State authority in good time.
The person being consulted as a witness or expert in the Finnish courts under a request for legal assistance by a foreign authority is entitled to refuse to testify or to give an opinion if he has the right or the obligation to do so in Finland, or By the law of the requesting State. The law of a foreign country shall be taken into account if the right or the obligation to refuse to testify has been found in a request for legal assistance by a foreign State or, if the requested State authority is confirmed at the request of the Court of Justice, or If the grounds for refusal are otherwise known to the court.
A person who, under a request for legal assistance from a foreign authority, has an obligation to submit a document or object to a court, is entitled to refuse to submit a document or object if he has the right or the obligation to do so in Finland or By the law of the requesting State.
In order to receive a certificate as a legal aid, the person referred to in Article 23 may be compelled to appear before a court or to comply with a request for action only if, under Finnish law, a coercive measure may be used for such purposes.
The person who is required to appear before the Court on the basis of a request from a foreign country shall be entitled, upon request, to obtain reasonable compensation from State resources for the necessary travel and subsistence expenses and for the loss of financial resources As in the Act on the cost of proof of State resources (666/1972) Provides. The costs of the parties are not reimbursed by State resources.
Compensation paid under paragraph 1 shall remain to the detriment of the State.
Any person who is obliged, on the basis of a request for legal assistance from a foreign country, to appear before a court or to comply with another application for legal aid may request compensation from the party concerned for the fulfilment of the request. Costs and costs incurred. In such a case, the court responsible for filling in the request for legal assistance shall record the request for compensation and transmit it to the authority which requested the assistance.
At the request of a party or of its own motion, the court or tribunal may, at the request of a party or of its own motion, decide whether to receive evidence in a foreign country.
Where a foreign authority requires reimbursement of the costs incurred in order to comply with a request for legal assistance, such reimbursement shall be made through State resources. If the request for legal aid is made at the request of a party and the amount of the compensation is significant, the court may, at its discretion, order the party requesting the application to reimburse all or part of the costs incurred by the State.
The request for a legal aid to a foreign authority shall include the information referred to in Article 5 (2) and Article 21.
The request for legal aid must be drawn up in a language approved by the authority for which legal aid is requested. The Court of Justice is responsible for the translation of the request for legal aid, and the resulting costs are to the detriment of the State. If the costs of translation of the application for legal aid are significant, the Court may, at the discretion of the court, order the party requesting the request to reimburse the State in part or in whole.
If the court considers it appropriate to attach documents to the request, the documents shall be translated into the language accepted by the requested State. The translation of the documents attached to the request shall be borne by the party concerned.
If a matter falling within the scope of this law is not pending before a foreign court or a similar dispute resolution body, but the provision of legal aid is necessary to demonstrate the right of the person seeking legal assistance abroad, he may ask: The witness shall be heard or confirmed by his declaration, a report, a declaration or a certificate.
The hearing of the witness and the confirmation of the report, the report, the declaration and the certificate shall be carried out by the district court of the place in which the applicant is domiciled or, in the absence of a hearing of the witness, the applicant shall have its seat. Or habitually resident in the tachograph, or in whose jurisdiction it may otherwise be appropriate.
Exhibit may be received and covered by a specific form or procedure if this cannot be considered contrary to Finnish law.
The court or public notary shall certify the signatures, certificates and other documents required for the purpose mentioned in Article 28.
A public notary may validate a written or other written report, report or notification in accordance with the provisions of the (420/2014) Paragraph 2 provides.
The judgment and decision of a foreign court in civil or commercial matters shall be recognised and enforced in Finland if it has been expressly agreed or expressly provided for.
The provisions of this law shall apply to the recognition and enforcement of a judgment or decision, in so far as it is not otherwise agreed or otherwise provided for.
The enforceability of a judgment in a foreign country is requested from the District Court. The procedure for dealing with the application shall apply mutatis mutandis In Chapter 8 of the Court of Justice Provides.
If, upon application, the judgment in a foreign country has been confirmed in Finland as enforceable against the counterparty without having been notified of the decision, Article 11 of Chapter 8 of the Court of Justice , the decision shall be notified to him. The district court shall ensure the notification of the decision as In Chapter 11 of the Court of Justice The service of the challenge is provided.
The decision on the enforceability of a judgment in a foreign country shall be subject to appeal, as provided for in the judgment of the court concerned. Where the decision has been notified to the applicant's counterparty as provided for in Article 31 (2), the decision shall be deemed to have been adopted for the purposes of the notification on the date of notification.
In the case of civil or commercial law in the civil or commercial court of the State Party to the Convention on the facilitation of the dispute in the event of a dispute (SopS 2/1957) or of the Convention on the facilitation of international proceedings (SopS 47/1988) The decision ordering the applicant or the intervener to pay the costs of the proceedings shall be enforceable in Finland where it is enforceable on the application.
An enforceable decision shall be sought from the District Court, unless otherwise agreed with a foreign State.
The application shall be accompanied by:
(1) a certified copy of the parts of the decision showing the nature of the case, the names and the status of the parties in the proceedings and the obligation to pay the costs; and
(2) a certificate stating that the decision is valid and enforceable in the State in which it was issued.
If the decision has been drawn up in a language other than Finnish or Swedish, the application shall be accompanied by a certified translation into one of these languages, unless the District Court grants a derogation.
The district court shall determine the case referred to in Article 33 without the parties being heard. If the application complies with the formal requirements of the application, the district court shall establish a decision on the costs of the proceedings. The decision shall then be implemented in accordance with the judgment of the Court of Justice of Finland, unless the superior authority decides otherwise.
At the request of a party, the District Court shall also determine the amount of the costs incurred in the translation of the decision and the actual translation of the translation and order the costs to be recovered in the same way as in paragraph 1. The costs are laid down.
No charge shall be levied on the handling of the case or the delivery book.
The district court of the place where implementation of the tachograph may take place is competent. The procedure shall be followed in accordance with Article 31, unless otherwise provided for by any other law or in a contract concluded with a foreign country.
If a judgment or any other solution or settlement is to be executed in a foreign country, the court or authority which has delivered a judgment or a decision or has confirmed the settlement shall, upon request, issue a certificate The enforceability of a solution or settlement in Finland.
The translation of the documents to be attached to the request for legal assistance and the fees and charges for service of the document may be subject to more detailed provisions by a decree of the Council of Ministers.
This Act shall enter into force on 1 October 2015.
This law will repeal:
1) Joint action by the Finnish and foreign authorities in legal proceedings and the enforcement of a foreign court decision in some cases (171/1921) ;
2) a law on evidence for the purpose of controlling the right in foreign affairs; (19,27) ;
3) Regulation on assistance for certain international bodies by the Finnish authorities (214/1930) ;
(4) the way in which compensation must be paid in respect of matters relating to the provision of official assistance to foreign judicial authorities or to certain international bodies; (1921930) ;
5. On mutual legal assistance for information on documents in civil matters (211/1982) ;
(6) Recognition and enforcement of certain provisions of the Agreement between the Nordic countries on the recognition and enforcement of judgments in the field of civil law (881/1977) , as amended by Law 800/1996.
The reciprocity arrangements made pursuant to Article 20 of the Law referred to in paragraph 2 (1) shall remain in force as agreed.
This law shall not apply to requests for legal aid or applications made or received before the law enters into force.
THEY 216/2014 , LaVM 21/2014, EV 278/2014
