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Amendment To The Law "on The Republic Of Latvia And The Ukraine On Legal Assistance And Legal Relations In Civil, Family, Labour And Criminal Matters"

Original Language Title: Grozījums likumā "Par Latvijas Republikas un Ukrainas līgumu par tiesisko palīdzību un tiesiskajām attiecībām civilajās, ģimenes, darba un krimināllietās"

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The Saeima has adopted and the President promulgated the following laws: the amendment to the law "on the Republic of Latvia and the Ukraine on legal assistance and legal relations in civil, family, labour and criminal matters" make law "Of the Republic of Latvia and the Ukraine on legal assistance and legal relations in civil, family, labour and criminal matters" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1996, no. 2): make such amendments article 2, second sentence, the following : "along with the 2001 amendments to the law to be put in the Latvian and Russian Contract."
The law adopted by the Parliament of 14 June 2001.
 
State v. President Vaira Vīķe-Freiberga in Riga on 28 June 2001, of the Law shall enter into force by July 12, 2001.
 
 
The Republic of Latvia and the Ukraine on legal assistance and legal relations in civil, family, labour and criminal matters, the Republic of Latvia and Ukraine, hereinafter referred to as "the Contracting Parties", giving great importance to the development of cooperation in the provision of legal assistance in civil, family, labour and criminal matters, agreed on the following: part one General provisions article 1 legal protection 1. citizens of one Contracting Party in the territory of the other Contracting Party is the same in their personal and property rights legal protection as nationals of the other Contracting Party.
This also applies to legal persons formed in accordance with the legislation of one Contracting Party.
2. citizens of one of the Contracting Parties have the right of free and unhindered to apply to the Court of the other Contracting Party, the public prosecutor's Office, the notarial institutions (hereinafter referred to as the "law enforcement authorities") and other bodies competent for civil, family and criminal cases, they may speak in, sign up, request action and make other procedural actions on the same terms as nationals.
Article 2 legal assistance 1 Contracting Parties the law enforcement agencies provide mutual legal assistance in civil, family and criminal matters, in accordance with the terms of this agreement.
2. The law enforcement authorities shall provide legal aid to other countries, the authorities of the Contracting Parties which is competent for the case referred to in paragraph 1.
3. Other authorities with jurisdiction over the cases referred to in paragraph 1, send requests for legal assistance to law enforcement authorities.
Article 3 legal aid legal aid covers the procedural implementation of the activities provided for in the legislation of the contracting party to which the request is addressed, including parties, victims, suspects, defendants, defendants, witnesses, experts, questioning, inspection, examination, seizure and transfer of evidence, prosecution or proceedings and the person who committed the crime, extradition, court recognition and enforcement of decisions, documents and transfer, news provision at the request of the other Contracting Party on a personal conviction.
Article 4 communication procedures by providing legal aid, the authorities of the Contracting Parties communicate to the Ministry of Justice of the Republic of Latvia and the General Prosecutor's Office and the Ministry of Justice of Ukraine and the General Prosecutor's Office, if this agreement does not provide for other communications modalities.
Article 5 the language 1. a request for legal assistance and the documents are presented in the language of the requesting authority. The request is authenticated with the seal of the requesting institution's coat-of-arms and its Director (competent person) signature.
2. the request for the provision of legal aid and the accompanying documents must be accompanied by a translation of the request of the implementing national language or Russian. The translation shall be certified by an official translator, a notary or the authority of the applicant party, or the parties executing the diplomatic mission or consular authorities.
3. a request for judicial assistance documents are presented in the language of the executing State and sent with the applicant authority a translation in an official language or Russian. The translation shall be certified by an official translator, a notary or a bailiff at the request of the officer, or the artist of the Contracting Parties, the diplomatic mission or consular authorities.
Article 6 processing of documents documents which shall be transmitted to the law enforcement authorities or other authorities, a procedure for the provision of legal aid, must be certified by the signature of the competent person and approved with the coat-of-arms of the stamp.
Article 7 the request for legal assistance in the form and content of the request for legal assistance must indicate: 1) the name of the authority making the request;
2) authorities that addressed the task name;
3 things that are) sought legal help, name;
4) the person for whom the request is sent, or task, words, if it is, the father's name, and last name, nationality, occupation and domicile or place of residence, but the entities name and location;
5) names of the authorised persons and addresses;
6) content, but also committed the crime of criminal matters — the actual circumstances and the legal description of the qualification.
Article 8 implementing rules 1. Execution of a request for legal assistance, the law enforcement authority to which the request is addressed, apply its national legislation. However, after the requesting contracting party authority, it may apply the requesting contracting party's procedural rules, in so far as they are not inconsistent with their national legislation.
2. If a law enforcement authority to which the request is addressed, is not competent to be executed, it forwards the request to the competent law enforcement authority and shall inform the authority that made the request.
3. Upon receiving the request, the law enforcement authority to which the request is transmitted, shall inform the management authority of its execution time and place.
 
4. Law enforcement authority to which the request is addressed, and it sends the documents to the authority from which the request is received; If legal aid can be given, it sends back a request and be informed of the conditions that interfere with the execution.
5. Legal aid is not provided, if they can be harming the provision the Contracting Parties which sent the request, sovereignty or national security, or are in conflict with the law in force.
Article 9 procedure for service of documents 1. Authority to which the request is addressed, the documents shall be issued in accordance with the national rules in force, if the documents are presented in the language of that State or by a certified translation. If the document is not presented in a Contracting Party to which the request is addressed, or is not provided with the translation, it will be issued to the recipient when he willingly agrees to receive them.
2. The request for the service of a document should indicate the exact address of the beneficiary and the name of the document to be served. If the specified address in the request proved to be incomplete, the authority to which the request is addressed, in accordance with their national legislation, take measures to establish an exact address.
Article 10 approval for the service of documents in proof of service of a document shall be drawn up, subject to the provisions in force in the territory of the contracting party to which the request is addressed. The approval must specify the time, place of issue, and the person to whom the document was issued.
Article 11 service of documents and the questioning of the citizens by the diplomatic missions or consular authorities of the Contracting Parties are entitled to issue documents and interrogated its citizens with their diplomatic missions or consular assistance. In these cases, you can not use coercive means.
Article 12 witnesses, victims and experts, as well as claimant and defendant in a civil case and call their representatives abroad 1. If the preliminary investigation or during the course of the administration of Justice in the territory of one of the contracting parties arise the need for personal witness, victim, plaintiff and defendant in a civil case, the presence of the representatives or experts who are located in the territory of the other Contracting Party, the Contracting Party should ask the authority to issue the invitation.
2. The request can not be determined in the absence of penalties called in the case.
3. paragraph 1 of this article the persons regardless of their citizenship voluntarily arrived at the call of the other Contracting Party, the authority concerned, in the territory of that Contracting Party shall not be held liable in criminal or administrative, arrested or convicted for any act that they committed to the frontier. Also this person may not be held criminally or administratively liable, arrested or punished for their testimony or opinion given by her given how experts, or the offence, which is the subject of the proceedings.

4. the persons listed in paragraph 1 of this article, no such privilege, if her 15 days from notification of the fact that their presence is required in the future, do not leave the territory of the Contracting Party. This period is not counted in the time in which these people could not leave the territory of the Contracting Party of the calling of their independent circumstances.
5. Victims, witnesses and experts on call arrived in the territory of the other Contracting Party, shall be entitled from the authorities summoned to receive reimbursement for expenses related to travel and stay abroad and not received remuneration for the nokavētaj working days; but the experts furthermore have the right to receive remuneration for the expertise. Call to indicate what kind of costs izsauktaj persons are eligible to receive; upon request, the Contracting Party which has seconded the call for advance payments to cover expenses concerned.
13. Article 1 the validity of the document. the documents in the territory of one of the Contracting Parties drawn up or proven official (notary, an official interpreter, expert URu.tml.) within the limits of their jurisdiction and subject to the prescribed form, and stamped with the seal of the coat are accepted in the territory of the other contracting party without any confirmation.
2. Documents in the territory of one of the Contracting Parties are considered official, also in the territory of the other Contracting Party is evidence of official documents.
Article 14 legal aid expenditure 1. Contracting Parties themselves bear all the costs incurred in providing legal assistance in their territories, excluding expenses related to the examiner.
2. Law enforcement authority to which the request is addressed, shall inform the authority that made the request, for the amount of the expenditure incurred. If the authority which made the request, recover these costs from the person who is obliged to pay, then the amounts recovered reserve Contracting Party which they recovered.
Article 15 provision of information of the Republic of Latvia, the Ministry of Justice and the Prosecutor General's Office and the Ministry of Justice of Ukraine and the Prosecutor General's Office, on request, provide each other with information about current or former national legislation and its application, which shall be carried out by the law enforcement agencies.
Article 16 legal protection of nationals of one Contracting Party to nationals of the other Contracting Party, the courts and other institutions are legal aid and court proceedings under the same conditions and the same benefits as citizens.
Article 17 of the Act and other Civil documents transfer 1. the competent authorities of the Contracting Parties shall send each other extracts from the personal laws that apply to citizens of the other Contracting Party. Statement of acknowledgement is free and takes place immediately after the entry.
2. paragraph 1 of this article shall apply also in cases where marital laws are amended and corrected. In such a case is sent to the extract from the marital act with amendments.
3. in the presence of one of the Contracting Parties of the registration authorities of the other Contracting Party, protection authority also sent directly to other extracts from the civil acts of service use.
4. nationals of one Contracting Party requests the certificate about the registration of births, deaths and marriages of the acknowledgement can be sent directly to the other Contracting Party, of the registration of births, deaths and marriages. The applicant receives these documents with them to the Contracting Parties, the diplomatic mission or consular authority of the authority which issued the documents.
5. the documents specified in the paragraph 1-3 are sent without translation and without charge.
6. the Contracting Parties shall send each other, having been convicted by a final court decision, concerning copy of the other Contracting Party, the citizens ' status.
7. citizens of either Contracting Party, on the request of extradition or transfer of documents relating to that person's education, length of service and the personal or property rights and interests, can be transferred directly to the other Contracting Party to the competent authorities. If documents sent by the citizens of the Contracting Parties, the diplomatic mission or consular authority of the authority which issued the documents, the diplomatic mission or consular authority when issuing documents for the citizens to take charge of the design.
Part two special provisions title I of legal assistance and legal relations in CIVIL, family and labour cases article 18 exemption from court costs, One of the nationals of a Contracting Party in the territory of the other Contracting Party is exempt from the payment of costs and expenses of proceedings under the same conditions and to the same extent as nationals of the Contracting Party concerned.
Article 19 issue of a document on the personal, family and financial situation 1. Document on personal, family and property status, takes the question for decision for exemption from court costs, issued by the competent authority of the Contracting Party in whose territory the applicant residing or staying in.
2. If the applicant has no domicile or residence in the territory of the Contracting Parties, it is a document issued or certified by his country diplomatic mission or consular authority.
3. the Court shall decide, in accordance with the request for exemption from court costs to pay, may require the authority which issued the document, additional explanations.
Article 20 competent court 1. If this contract does not determine the order of each of the other Contracting Party, the courts are competent to review the civil, family and labour cases, if the defendant is resident in its territory. Claims against the entities competent to the Court, if the territory of the Contracting Party concerned is the governing body of the legal person, or an agency or branch of a legal person.
2. Consider claims for property rights and other rights in rem affecting immovable property, the competent courts of the Contracting Party in whose territory the property is situated.
3. the Contracting Parties, the Court hears cases in other situations, if it has the written agreement of the parties. The agreement shall terminate the proceedings in the Court of the defendant's submission, if it is presented before the opposition by the nature of the claim. Agreement of the parties cannot alter the exclusive competence of the courts.
4. If the case is brought between the same parties concerning the same subject and on the same basis both in the courts of the Contracting Parties, which are competent to hear in accordance with this agreement, the Court proposed the case later, terminating the proceedings.
Article 21 legal capacity 1. Natural persons and the legal capacity is determined by the legislation of the Contracting Party, of which are this person.
2. the legal capacity of a legal person shall be determined by the law of the Contracting Party in whose territory it is established.
Article 22 capacity limitation and recognition of the incapacitated 1. If any person be declared legally incompetent or of limited legal capacity, the competent and entitled to apply its laws are the authorities of the Contracting Party of which the person is that person.
2. If one of the authorities of the Contracting Parties will determine that there are reasonable grounds for a national of the other Contracting Party, that domicile or place of residence is in the territory of that Contracting Party, be declared legally incompetent or of limited legal capacity, it shall inform the appropriate authority of the other Contracting Party. If the authority that so informed, announce that it grants the right to take further actions to the authority of the place of residence or place of stay or do not give a reply within three months, then the person's place of residence or place of the institution may review the case for this person's capacity limitations or recognition of incapacitated in accordance with their national laws, if the basis is also provided for in the legislation of the Contracting Party of which are this person. The decision on capacity limitations or recognition of incapacitated must be sent to the respective other Contracting Party.
3.1 and 2 of this article, the provisions of the applicable paragraph, removing capacity constraints or recognizing a person for legal capacity.
4. in cases where delay is not allowed, the person's permanent place of residence or the institution of the place of residence shall itself take steps which are necessary for the person's recognition as a limited legal capacity or incapacity, if necessary those persons or their property. Decision of these actions should be sent to the relevant authority of the Contracting Party of which the person is that person; These decisions must be annulled if the authorities of this Contracting Party decides otherwise.
Article 23 acceptance of the absent, went broke about the dead and the death fact finding 1. cases in which a person must be declared to be absent, the issue went for dead or the fact of death, are the competent authorities of the Contracting Party from which the person was a citizen at the time when they received the last news.

2. the Contracting Parties may recognize the authority of the other Contracting Party, citizen of the absent or dead went or to establish the fact of his death after the application of persons residing on their territory if their rights and interests based on the legislation of the Contracting Party.
3.1 and 2 of this article, in the cases referred to in paragraph Contracting Parties authorities apply their national legislation.
4. This article paragraphs 1 to 3 apply also in cases when enrolling the person with the Court ruling invalidated went away or declared dead.
24. Article 1 of the marriage the marriage rules for each person who enters into a marriage, its national legislation of the Contracting Party, of which he is. If there are obstacles to the marriage, then followed the national legislation of the Contracting Party in whose territory is entered into marriage.
2. the form of the marriage shall be governed by the national legislation of the Contracting Party in whose territory the marriage is contracted.
Article 25 the spouses ' personal and property rights 1. Spousal personal and property rights determined by the legislation of the Contracting Party in which the spouses have a common residence.
2. If one of the spouses living in the same Contracting Party, but the other-the other Contracting Party and both spouses have the same citizenship, the personal law of the spouses shall be governed by the national legislation of the Contracting Party, of which they are nationals.
3. If one of the spouses is a national of a Contracting Party, the other Contracting Party, and one of them live in one Contracting Party, and the other for the other Contracting Party, then their personal and property rights shall be governed by the national legislation of the Contracting Party in whose territory the spouses was the last common place of residence.
4. If the persons specified in paragraph 3 of this article, have not been common place of residence in the territory of the Contracting Parties, the Contracting Parties shall apply its national legislation, which the authority hearing the case.
5. The spouses ' legal relations associated with real estate, the national legislation of the Contracting Party in which the real property is located.
26. Article divorce and marriage annulment of the Marriage of class 1 in accordance with the legislation of the Contracting Party whose citizens the spouses were at the time of the application. If the spouses have a common residence in the territory of the other Contracting Party, the latter are also Contracting Parties to the other authorities concerned.
2. If a divorce at the time of the application of one of the spouses is a national of a Contracting Party, the other Contracting Party, and one of them live the one and the other for the territory of the other Contracting Party, is then applied to the legislation of the Contracting Party, the authority of which the case is pending.
3. In cases of marriage annulment of the legislation of a Contracting Party, in accordance with article 24 of this agreement apply to the marriage. In addition, the competent court is determined on the basis of the article 1 and 2.
Article 27 the parent-child legal relationship 1. Matters of filiation and contestation and the determination of the origin of the child given in marriage to decide in accordance with the legislation of the Contracting Party, where the child is a citizen from birth.
2. The parent-child legal relationship shall be governed by the legislation of the Contracting Party in whose territory they have a common residence.
3. If one of the parents and children residing in the territory of another Contracting Party, the legal relationship between them shall be governed by the legislation of the Contracting Party of which the person is a child.
4. a child out of wedlock, his mother and his father's legal relationship shall be governed by the legislation of the Contracting Party of which the person is a child.
5. To make a ruling on this article-in paragraph 4, the following legal relations are the competent courts of the Contracting Party, that the law should be applied in a specific case.
6. where the applicant and the defendant resides in the territory of one of the Contracting Parties, is also the Court of that Contracting Party, pursuant to this article and the provisions of paragraph 4.
28. Article 1 of the Adoption adopt me to apply the legislation of the Contracting Party of which the person is the adoptive parent. If the adoptive parent's domicile is located in the territory of the other Contracting Party, the applicable law of the Contracting Party.
2. If the child is adopted by spouses one of whom is the one and the other for the other Contracting Parties, the adoption must comply with the requirements provided for in the legislation of both Contracting Parties.
3. If the child has one, but the adoptive parent, the other a national of a Contracting Party, adopted or adoption by removing the child's consent is required, if provided for by the law of the Contracting Party of which the person is a child, and the child's legal representative and the Contracting Parties to the agreement of the competent authority, taking into account the limitations in accordance with the legislation of the Contracting Parties.
4. If the spouses have a common resident in one Contracting Party, the effect is the legislation of the Contracting Party.
5. The above applies also in relation to adoption.
6. In cases of adoption or the cancellation of the competent courts of the Contracting Party, of which the adopter is the application point. If the child is a citizen of a Contracting Party, but his residence is in the territory of the other Contracting Party which is also a residence of the adoptive parent, the competent authority of that Contracting Party.
7. To take a decision on the adoption of the competent authority of the Contracting Party in the territory of the country of which the adopter has permanent residence or of which he is.
8. in the case set out in article 31, paragraph 2 has authority of the Contracting Party in whose territory the spouse is or was the last common place of residence or abode.
9. the following article 7.-8. point also applicable, repealing the adoption and adoption by acknowledging the void.
29. Article 1 of the maintenance matters affecting the maintenance of family matters, will apply the laws of the Contracting Party in whose territory the person that requires maintenance.
2. The matters of maintenance of the family, the competent court is the Contracting Party in whose territory the person that requires maintenance.
30. Article 1 of the Guardianship and custody If not otherwise specified in the contract, then the citizens of both parties under the auspices of the guardianship and matters in the jurisdiction of the Contracting Party's custody and guardianship authority that a citizen is under the auspices of the Chancery or notable person. In this case the applicable law of the Contracting Party concerned.
2. The legal relationship between the guardian or trustee and the person who is in the custody or guardianship, shall be governed by the legislation of the Contracting Party whose Office has appointed guardian or protector.
3. If you need to establish custody or guardianship of citizens of one of the Contracting Parties where the interests of the domicile or residence, or property located in the territory of the other Contracting Party, the Contracting Parties to guardianship and custody institution must immediately inform the other Contracting Party in custody and guardianship authority according to article 30 paragraph 1 of the rules.
4. in urgent cases the other party's custody and guardianship authorities may independently take appropriate steps, informing them of the guardianship authority and guardianship under article 30, paragraph 1 of the rules. Measures in force by the time the specified authority takes a different decision.
5. the competent authority of guardianship and custody, in accordance with article 30 (1) of the guardianship and custody may be transferred to the other Contracting Parties to the relevant authorities if wards or persons in custody has his domicile or residence, or property situated in that State. The service is valid only if the successor authority has given its consent to the custody or guardianship of, and informed the other Contracting Party, the authority concerned.
6. the authority, in accordance with paragraph 5 of this article has taken over custody or guardianship, shall, in accordance with their national legislation. However, it has no right to decide on matters concerning wards or persons in custody status, but it may give permission for the marriage, required under the legislation of the Contracting Party of which are this person.
31. Article property rights 1. Right to property determined by the legislation of the Contracting Party in whose territory the immovable property is situated.
2. the ownership of the means of transport, which are recorded in public registers, defines the legislation of the Contracting Party in whose territory the seat of the authority which has registered the vehicle.

3. Property rights or other rights and the ending of the legislation of the Contracting Party in whose territory the property was when there was a transaction or some other circumstance, which was the emergence of such a right or extinction. Property rights or other property rights, which have been the subject of the transaction, occurrence, or expiration is determined by the law of the place of transaction if the parties do not provide for different arrangements.
Article 32 contractual relationship 1. Contractual relationship shall be governed by the legislation of the Contracting Party in the territory of which the contract was concluded, if the participants are not subject to laws they choose themselves.
2. In the cases referred to in paragraph 1 of this article, the competent courts of the Contracting Party in the territory of which the defendant is domiciled, or location. It is also competent courts of the Contracting Party in whose territory the applicant's place of residence or location, if the subject-matter of the dispute is located, the property of the applicant.
33. Article 1 of the form of the transaction in the form of the transaction is determined by the legislation of the place of its closure.
2. The transaction associated with the real estate and rights to the form, determined by the legislation of the Contracting Party in the territory of which such property is situated.
34. Article 1 of the compensation obligation to pay damages, except for obligations arising from the contract or other legal action, determined by the legislation of the Contracting Party in whose territory the activity took place or existed in a different circumstance, which required consideration of injury.
2. If the wrongdoer and the victim is a citizen of one of the Contracting Parties, apply the legislation of the Contracting Party in which the Court is seised.
3. In the cases referred to in paragraph 1 and 2, the competent is the Court of the Contracting Party in whose territory the activity took place or existed in a different circumstance, which required consideration of injury. The victim may submit an application to the Court of the Contracting Party in whose territory the defendant has his domicile, or in the courts of the Contracting Party in whose territory the applicant (the victim's) residence if this territory the defendant's property and it is not contrary to the legislation of the other Contracting Party.
Article 35 the principle of equality of citizens of one of the Contracting Parties will be treated as nationals of the other Contracting Party, living in its territory, the right to create or cancel a will on property situated in the territory of the other Contracting Party, the law that there must be disposed of, and the right to acquire heritage property or rights. Property or the right to obtain the same terms as those laid down by each contracting party nationals who reside in its territory.
Article 36 the inheritance rights 1. Movable property inheritance rights determined by the legislation of the Contracting Party in the territory of which the testator has had their last habitual residence.
2. real property inheritance rights determined by the legislation of the Contracting Party in whose territory they are located.
3. the law of the Contracting Party in whose territory the property determines whether the goods, which include property, is not real or chattel.
Article 37 of the transition State Succession where, under the legislation of a Contracting Party heritable property (which inherits according to the law) to move the property, the real property over which the State citizen at the time of death has been a testator, but real property over the public property, in the territory of which it is located.
Article 38 form and it Will amend and repeal procedures will form its alteration and cancellation procedures determined by the legislation of the Contracting Party of which will compose, repeal or amendment at the time of the testator. However, it is sufficient if they comply with the legislation of the Contracting Party in whose territory the will was drawn up. These terms also apply to the repeal or amendment of the will.
39. Article 1 of the inheritance of movable property registry of heritage matters, except paragraph 2 of this article, in the cases provided for, has the authority of the Contracting Party in the territory of which the testator has had their last habitual residence.
2. If the whole estate succession property located in the territory of the Contracting Party where the testator had their last habitual residence, the heir or beneficiary after the refusal, request the consent of the heirs, all sorts of successions are the authorities of the Contracting Party.
3. the management of real property probate cases carried out by the authorities of the Contracting Party in whose territory the property is situated.
4. The provisions of this article also apply to the corresponding inheritance disputes.
Article 40 Will open will open and declared in accordance with the legislation of the competent authority of the Contracting Party in whose territory the seat of wills. A copy of the will with the necessary documents are transferred to the institution which is competent to organise a succession of things.
Article 41 heritage protection measures 1. one of the authorities of the Contracting Party according to its laws, take the necessary measures to secure the succession property located on its territory and which left a legacy of national of the other Contracting Party.
2. the authorities responsible for the protection of the heritage, and citizens of the other Contracting Party of death is obliged to immediately notify the Contracting Parties, the diplomatic missions or consular authorities of the testator's death and about people who have applied their inheritance rights to inheritance, on certain conditions, relating to those persons entitled to inherit, on their place of residence, on the existence of a will, the extent and value of the heritage and of the measures What made heritage protection.
3. the diplomatic mission or consular authority, it is passed to the succession of the deceased and real property.
4. One of the Contracting Parties, the diplomatic mission or consular authority has the right to represent the interests of the Contracting Party of the inheritance of the other Contracting Party, the institutions without special authorisation, if heirs out of Office or other justifiable reason can not be timely to defend their rights and interests and have not appointed governors.
5. If one of the Contracting Parties, citizen died in the territory of the other Contracting Party, to which he had no permanent place of residence, then held off his property after the list is transferred to the Contracting Party of the diplomatic mission or consular authority of which were dead.
6. the authority which has jurisdiction in matters of succession, in the cases provided for in article 39 of the Treaty, paragraph 4, shall order the succession issue a diplomatic mission or consular authority.
7. This is something that can be passed to the heir, if: 1 the testator) any creditors who applied by the Contracting Parties in which the inheritable property, within the time limits laid down in the legislation have been paid or secured;
2) paid or secured all the fees related to the succession;
3 the competent authorities) if required, the permission for export, inheritable property.
8. The amount of money transfer takes place in accordance with the territories of the Contracting Parties as the applicable legislation.
Article 42 application of labour law 1. Contracting Parties may in relation to subject this relationship it legislation that they choose.
2. If you do not make a choice of law, the law of the Contracting Party in whose territory the work is or was or should have been executed.
3. In the cases referred to in paragraph 2 of this article, the competent courts of the Contracting Party in whose territory the defendant has his domicile, and, within the territory of which the applicant has his domicile, if this area is in the subject of the dispute or the defendant's property.
Article 43 exemption from payment of the security of one of the Contracting Parties of the citizens who live or are located in any of the parties and presenting at the Court of the other Contracting Party, can be forced to pay the security costs for the only reason that they are aliens or their place of residence or location is not in the territory of the Contracting Party whose courts they come.
44. Article exemption from court costs 1. citizens of either Contracting Party in the territory of the other Contracting Party shall be exempt from the payment of legal costs, as well as their free procedural defence on the same conditions and to the same extent as the nationals of that Contracting Party.
2. to release of the expenses or to receive a free advocacy in the process, the applicant is required to submit a statement of his own, family and economic situation. Such certified statement shall be issued by the competent authority of the Contracting Party in whose territory the applicant is situated in the residence or location.
3. If the applicant does not live and are not in any of the territories of the Contracting Parties, the certificate may be issued to the Contracting Party the diplomatic mission or consular office where the applicant is a citizen of.

4. the Court shall decide on the release of the expenses, the Court may request from the institution which has issued the certified statement, additional explanations or data additions.
5. Any party may request a national of the other Contracting Party, the Court released him from court fees or ask for a free defence process in accordance with the legislation of the Contracting Party in whose territory is covered.
6. The Court shall transfer the certificate with the request referred to in paragraph 5 of this article, the other Contracting Party.
Article 45 periods 1. Court of one Contracting Party, calling the process a party or parties who live or whose location is in the territory of the other Contracting Party, at the same time will determine the period not shorter than one month, to pay court costs or to fix or application requirements. Such time limit shall run from the date of receipt of the document content.
2. If one of the Contracting Parties, the Court has established the process for a party or parties who reside in the territory of the other Contracting Party, the term procedural steps, the beginning of the yield point of the contracting party be considered as postmark date from which sent out of the territory of the procedural documents.
3. the consequences of the violation, the Court decided that case, in accordance with their national legislation.
The third part of the recognition and enforcement of article 46 recognition and enforcement of decisions in civil, family and labour, as well as the criminal part concerning compensation of damage 1. The Contracting Parties shall be recognised and enforced by the law-enforcement authorities, having been convicted by decisions in civil, family and labour cases and judgments in the part that touches the crime caused the damages.
2. the contracting party without particular filing guardianship and trusteeship is recognized, the registration of births, deaths and marriages and other, decisions in civil, family and labour matters which by their nature do not require enforcement.
Article 47 the request for examination of the execution of decisions 1. Requests for the execution of the decision of the Contracting Parties shall examine the Court in the territory of which it must be carried out.
2. a request for the execution of the decision shall be submitted to the Court of first instance delivered the decision in the case. The request, which filed the Court delivered the decision at first instance is sent to the Court which is competent to examine this request.
3. the properties determined by the legislation of the Contracting Party in whose territory the investigation is to be made.
4. the request must be accompanied by a certified translation of the contract in accordance with paragraph 2 of article 5.
5. the request for enforcement must be accompanied by: 1) approved the decision of the Court a copy of the official document for the entry into force of the decision, if it is not apparent from the text of the decision, the statement of its execution.
2) document that certifies that a defendant who has not participated in the process in good time and in due form, something once was served notice of appearance;
3) this article 1 and 2 of the document referred to in a certified translation.
6. If the court decisions to result in confusion, it may require the person who submitted a request for the execution of the decision, the explanations on the debtor's request to question the nature and, where necessary, to request clarification from the Court that delivered the decision.
Article 48 the decision execution and court fees 1. order determined by the legislation of the Contracting Party in whose territory the enforcement is to take place.
2. the Court of Justice to cover the execution of the decision, the applicable law of the Contracting Party in whose territory the decision is executed.
Article 49 a refusal to recognise and execute the decision of the Court of Justice decision of recognition or enforcement may be refused: 1) if the person who made the request, or the defendant has not participated in the process because they or their authorized has been timely and duly issued a summons to appear in court;
2) if the same dispute between the same parties in the territory of the Contracting Party, which must happen for the recognition and enforcement of a decision, if it is given before the entry into force of the legal decision or if the authorities of the Contracting Party before embarking on legal action in this case;
3) where, in accordance with the terms of this agreement, but in cases not provided for in this Treaty, in accordance with the Contracting Parties to take place in the territory of which the recognition and enforcement of decisions, legislation, case is its exclusive competence;
4) in the absence of documents, which confirm the agreement of the parties in case of contractual jurisdiction.
50. Article 46 of the Treaty Settlement.-the provisions of article 49 of the court decisions also apply to settlements approved by court.
Article 51 the export of Goods and the amount of money transfer performance of the resulting amount of money transfer and export of items takes place in accordance with the legislation of the Contracting Party in whose territory the enforceable decision.
A quarter of the legal assistance and legal relations in Criminal Prosecution proceedings, article 52 obligation 1. each Contracting Party shall, at the request of the other Contracting Party in accordance with its legislation, proposes that the prosecution against their nationals suspected of committing a crime in the territory of the other Contracting Party.
2. Prosecution materials that are presented in accordance with the legislation of one Contracting Party to the competent authorities, are also valid in the territory of the other Contracting Party.
3. Persons with crime suffered material loss, which brought the prosecution, may participate in the proceedings if the claim for damages is submitted.
53. Article requests for the initiation of criminal prosecution or takeover 1. Request for the initiation of criminal prosecution or acquisitions must be drawn up in writing and must specify: 1) authorities, which sent the request, the name, 2) description and qualification of the offence on which the request is sent on the initiation of prosecutions and acquisitions, 3) more precise as possible location of the offence was committed and the time of instruction, 4) the Contracting Parties which sent the request, the text of the law, on the basis of which the offence was committed is considered a crime , 5) of the suspected person surname and name, and if there is, also, the father's name, details of the nationality, domicile or residence and other information about its personality, as well as, if possible, the person's appearance, photograph and fingerprints, 6) details of the material losses suffered.
The request must be accompanied by the application of the victim in criminal proceedings, which proposed to the victim's submission was based, and for material damages, if such is the case, as well as the Contracting Parties, which shall send a request, held the previous examination materials and evidence. Transfer of items, which is a crime or caught up in the tools at a crime criminals must take account of this Treaty article 66 3.
2. If the person at the time of the request for the initiation of a prosecution or a takeover is sent in accordance with paragraph 1 of article 52, in detention in the territory of the Contracting Party, which shall forward such a request, then it is delivered to the territory of the other Contracting Party. Persons detained in the territory of the other Contracting Party, the etapēšan sanctioned by the official conducting supervision over investigation of the case. The personal service is effected as provided for in article 64 of this agreement 1.
54. Article extradition related to prosecute 1. the Contracting Parties undertake, in accordance with the terms of this agreement, upon request, issue one other persons within their territories, in order to prosecute them criminally, or to comply with the judgment.
2. Extradition for offences that take place under the legislation of both Contracting Parties are considered as crimes for which the penalty provided for in the form of deprivation of liberty for a period longer than one year or another more serious punishment. The enforcement of the judgment issue happens if such crimes are sentenced to imprisonment for a period longer than six months, or to some other more serious punishment.
Article 55 refusal of Extradition 1. Extradition may be refused if: 1) person that sent the extradition request, are Contracting Parties to which the request is transmitted, a citizen or person in the country granted the right of asylum, 2) prosecution under the legislation of both Contracting Parties have proposed only after the victim privātsūdzīb, 3) at the time of receipt of the request in accordance with the criminal prosecution of the contracting party to which the request is transmitted, the legislation may not be brought or the judgment cannot be enforced or other limitation of the term legal reason , 4) the person who sent the extradition request, the Contracting Party for the same crime is the entry into force of a judgment or decision on termination, 5) the crime that sent the request for extradition, the territory of the contracting party to which a request, 6) is an obligation of military service to the criminal nature of the infringement, 7) disturb public order, 8) crime is political in nature (without the kriminālrakstur).
Refusing to issue, the contracting party to which a request, notify the other Contracting Party of the grounds for refusal.
Article 56

Suspension of extradition if the person that sent the extradition request, the prosecution or his sentence for other crimes in the territory of the contracting party to which the request is transmitted, or is seriously ill, the issue can be delayed until a final decision is taken in criminal cases until the end of the sentence or release from criminal liability for any other legitimate reason, or to a person's recovery.
Article 57 the Issue If the issue under article 56 suspension may result in prosecution, 19(4) or seriously annoy the crime investigation in that case after a substantiated request for extradition may take place on condition that the person will be issued immediately sent back by their procedural activities for the purpose of which it was issued, at the latest within three months from the date of issue.
58. article at the request of several countries where for one and the same person's extradition is received from a number of countries, the question of who shall decide on the request of the Contracting Party which received the request, taking into account the severity of the crimes committed.
Article 59 of the criminal prosecution of the person Issued the boundary 1. Without the Contracting Parties, which issued the person, the consent of that person cannot be held criminally liable or punished for the crimes of others, who had no grounds for extradition.
2. also issued individual cannot be issued on the third country without their consent issued by the Contracting Parties.
3. The Contracting Party's consent is not necessary if the person issued 15 days after the completion of the prosecution, sentence or release any legal justification is left to the Contracting Parties to which the person is issued, or if the person voluntarily come back there again. This term does not include the time during which the person could not be issued to leave the Contracting Parties to which the person is released, the site of her circumstances.
Article 60 extradition request for extradition Request 1 must be drawn up in writing and must contain: 1) authorities, which requires a name, 2), a Contracting Party which requires that the text of the law, by which the particular offence is recognized as a crime in the name of the person to be 3) and name if the father's name is, well, news of its citizenship, domicile or residence and other information about its personality, as well as If possible, personal appearance, photograph and fingerprints, 4) news about the damage done in the material loss.
2. the request for extradition for the purposes of conducting a criminal prosecution must be accompanied by a certified copy of the decision on arrest.
Request for extradition for the enforcement of the judgment must be accompanied by a certified copy of the judgment, with a statement of its entry into force and the criminal law in the legal text on the basis of which the person is convicted. If convicted, the penalty if the part endured a loss or reimbursed, then add the details about it.
Article 61 of the person Issuing the arrest After receiving the extradition request the contracting party to which the request is transmitted shall immediately take measures to arrest the persons to be issued, except in accordance with the provisions of this agreement do not allow extradition.
62. Article additional information Request by 1 a Contracting Party may request additional information, if the extradition request does not contain all specified in article 60 of the necessary details. The other Contracting Party shall respond to such a request no later than one month, for any valid reason, this time limit may be extended for another 15 days.
2. If the requesting State party does not submit a specified period additional messages, a request by a Contracting Party is released from custody a person arrested on the basis of article 61 of this agreement.
Article 63 the arrest until receipt of the extradition request 1. Urgent cases at the request of the requesting contracting party, the other Contracting Party may arrest a person even before article 60 contains the receipt of the extradition request, on the basis of the requesting contracting party received the decision on arrest or, having been convicted by a judgment (excerpt), which is accepted in respect of that person. In addition, the guideline should be that the extradition request will be sent immediately.
The decision on the person's arrest or, having been convicted by a judgment (excerpt) in relation to that person a copy of any are way possible, ensuring the inclusion of all document properties (fax URu.tml).
2. On the causes that were not allowed to execute the arrest request, must immediately notify the other Contracting Party.
3. The Person arrested is exempt, if within one month after receipt of the request for the arrest of the other Contracting Party does not receive a request for this person. This period may be extended for 15 days after the request of the requesting party.
64. Article 1 of the Extradition Request by a Contracting Party shall notify the Contracting Party from which the request is received, your decision on extradition and inform about the place and time of issue.
2. If the Contracting Party from which the request is received, does not accept the persons to be issued within 15 days after the date of issue, then that person must be released from custody.
Article 65 re-extradition of the person, if issued, would avoid prosecution or sentence and will return to the territory of the contracting party to which a request addressed to it by the requesting Contracting Party may be issued. In this case, the request does not need to add the document referred to in article 60.
66. Article 1 of the transfer of the subject party, addressee of the extradition request, grants the other party to the crime, as well as tools, bearing traces of the crime or obtained proceeds of crime, as well as any other items that can be used as items of evidence in criminal cases. These items are passed, on request, even when the person issuing the death or for other reasons not possible.
2. a Contracting Party that submitted the request, may temporarily suspend the items referred to in paragraph 1, if they needed another criminal, or they can be passed to the requesting Contracting Party at the time by mutual consent.
3. Rights of third parties to the requesting Contracting Party passed objects remain valid. After the termination of these items must be returned to the Contracting Party in which it is presented.
67. Article 1 of the Tranzītpārvadāšan each Contracting Party by the other Contracting Party, the authorization to transport through its territory persons, issued by a third State to the other Contracting Party. Contracting Parties are not obliged to allow the transport of persons, which is issued after the terms of this agreement.
2. a request for transport is completed and sent in the same way as the extradition request.
3. the Contracting Parties ' competent authorities in each case matched the type of route transit and other transit rules.
4. Expenses related to the tranzītpārvadāšan, shall be borne by the Contracting Party that made the request.
68. Article participation of the representatives of the Contracting Parties to the legal assistance in criminal matters, representatives of one of the Contracting Parties to the agreement of the other Contracting Party, be present at the request of the other Contracting Party on the provision of legal assistance in criminal matters.
69. Article news about convictions on request, the Contracting Parties shall supply each other with details of the person's previous convictions, if that person is called to criminal liability of the requesting contracting party.
70. Article news about the outcome of the criminal prosecution, the Contracting Parties shall notify each other of the people, which had sent a request for the initiation of a prosecution, the prosecution, as well as on issue. After the request is sent to a judgment become final, or the final decision of another copy.
71. article details of judgments the Contracting Parties each year will give each other the details of judgments entered into lawful effect and by the Court of one of the Contracting Parties in full swing for the citizens of the other Contracting Party.
Part five final provisions article 72 entry into force of the Treaty this Treaty shall be subject to ratification and shall enter into force 30 days after the exchange of instruments of ratification, which will take place.
73. Article 1 the period of validity of the contract. the contract is concluded for an indefinite period.
Each Contracting Party may at any time denounce it by sending the other party notice in writing. Denunciation shall take effect after 6 months, since the other Contracting Party receives notification.
2. for the purposes of this agreement, you can make changes and add to them in the same order that's defined in its conclusion.
Contract in Riga on 23 May 1995, in two copies, each in the Latvian, Ukrainian and Russian languages, in addition, all texts have the same legal force. Prevail in case of conflict, the text is in Russian.
 
 
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