About The Hague Convention On International Access To Justice

Original Language Title: Par Hāgas konvenciju par tiesu starptautisko pieejamību

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The Saeima has adopted and the President promulgated the following laws: The Hague Convention on international access to justice article 1. 25 October 1980 Hague Convention on international access to justice (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. In accordance with article 3 of the Convention stipulate that in Latvia the central authority which receives an application, it is the Ministry of Justice. 3. article. In accordance with article 4 of the Convention stipulate that the body in the Republic of Latvia, which sends the applications, is the Ministry of Justice. 4. article. In accordance with article 16 of the Convention stipulate that the body in the Republic of Latvia, which sends submissions on article 15 of the Convention referred to in the request for enforcement is the Ministry of Justice. 5. article. In accordance with article 28 of the Convention of the second paragraph of point "a" to establish that in the Republic of Latvia is not accepted documents in French. 6. article. In accordance with the Convention shall notify the Ministry of Foreign Affairs of the Kingdom of the Netherlands Ministry of Foreign Affairs of the Republic of Latvia to the reservations and statements made. 7. article. The law shall enter into force on the day following its promulgation. With the law put the Convention in English and its translation into Latvian language. 8. article. The Convention shall enter into force in article 34 thereof within the time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The law adopted by the Parliament in 1999 on November 4. State v. President Vaira Vīķe-Freiberga in Riga in 1999 November 23 Convention on International access to justice (Concluded at the Hague, the 25th of October 1980) the States signatory to this Convention, the international access (menu Rngton Line4) facilitat it justice, have resolved to conclud a Convention for this purpose and have agreed upon the following provision, Chapter I — LEGAL AID article 1 of any Contracting State nationals and persons habitually resident in any Contracting State shall be entitled to legal aid for court proceedings in civil and commercial matters in each Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State. A person to whom paragraph 1 does not apply, but who formerly had their habitual residence in a Contracting State in which the court proceedings are to be or have been commenced, shall not be entitled to legal aid vertheles as provided by paragraph 1 if the cause of action out of their former aros habitual residence in that State. In States where legal aid is provided in the administrative, social or fiscal matters, the provision of this article shall apply to cases brough before the courts or the tribunal is competent in such matters. Article 2 article 1 shall apply to the legal advice provided to the person seeking advice is present in the State where advice is sought. Article 3 Each Contracting State shall a Central Authority to receive designat, and take action on, the application for legal aid submitted under this Convention. The Federal States and States which have more than one legal system may more than one designat Central Authority. If the Central Authority to which an application is submitted is not competent to deal with it, it shall forward the application to the Central Authority in whichever other the same Contracting State is competent to do so. Article 4 Each Contracting State shall designat one or more transmitting authorities for the purpose of forwarding the application for legal aid to the appropriate Central Authority in the requested State. Application for legal aid shall be transmitted, without the intervention of any other authority, in the form of the model annexed to this Convention. Nothing in this article shall prevent an application from being submitted through diplomatic channels. Article 5 where the applicant for legal aid is not present in the requested State, he may submit his application to a transmitting authority in the Contracting State where he has his habitual residence, without prejudice to any other means open to him of submitting his application to the competent authority in the requested State. The application shall be in the form of the model annexed to this Convention and shall be accompanied by any documents, without cessary not prejudice to the right of the requested State to require further information or documents in appropriate cases. Any Contracting State may declare that it is receiving the Central Authority will accept applications submitted by other channels or methods. Article 6 the transmitting authority shall assist the applicant in ensuring that the application is accompanied by all the information and documents known by it to be not cessary for considerations of the application. It shall ensur that formal requirements are met. If it appear to the transmitting authority that the application is manifestly unfounded, it may refus to transmit the applications. It shall assist the applicant in obtaining without charge (a) a translation of the documents where such assistance is appropriate. It shall reply to requests for further information from the receiving Central Authority in the requested State. Article 7 the application, the supporting documents and any communications in response to requests for further information shall be in the official language or in one of the official languages of the requested State or be accompanied by a translation into one of those languages. However, where in the requesting State it is not feasibl to obtain a translation into the language of the requested State, the latter shall accept the documents in either English or French, or the documents accompanied by a translation into one of those languages. Communications emanating from the receiving Central Authority may be drawn up in the official language or one of the official languages of the requested State or in English or French. However, where the application forwarded by the transmitting authority is in either English or French, or is accompanied by a translation into one of those languages, communications emanating from the Central receiving Authority shall also be in one of those languages. The costs of translation arising from the application of the preceding paragraphs shall be borne by the requesting State, except the that any translations made in the requested State shall not give rise to any claim for reimbursemen on the part of that State. Article 8 the Central Authority receiving the application shall determin or shall take such steps as to not obtain its determination by the cessary (a) the competent authority in the requested State. The receiving Central Authority shall transmit requests for further information to the transmitting authority and shall inform it of any difficulty relating to the examination of the application and of the decision taken. Article 9 where the applicant for legal aid does not resident programs in a Contracting State, he may submit his application through consular channels, without prejudice to any other means open to him of submitting his application to the competent authority in the requested State. Any Contracting State may declare that it is receiving the Central Authority will accept applications submitted by other channels or methods. Article 10 All documents forwarded under this Chapter shall be from any legalization or analog main on formality. Article 11 of the charges shall be made for the transmission, reception or determination of applications for legal aid under this Chapter. Article 12 Application for legal aid shall be handled expeditiously. Article 13 where legal aid has been granted in accordanc with article 1, the service of documents in any other Contracting State in the pursuanc of the legally aided person's proceedings shall not give rise to any charge of regardless_of of the manner in which service is effected. The same applies to letters of request and social enquiry reports, except for fees paid to experts and interpreters. Where a person has received legal aid in accordanc with article 1 for proceedings in a Contracting State and a decision has been given in those proceedings, he shall, without any further examination of his, be entitled to circumstanc legal aid in any other Contracting State in which he will seek to secure the recognition or enforcement of that decision. Chapter II — SECURITY FOR costs AND ENFORCEABILITY OF orders FOR costs article 14 of security, bond or deposit of any kind may be required, by reason only of their foreign nationality or of their not being domiciled or resident in the State in which proceedings are commenced, from persons (including legal persons) habitually resident in a Contracting State who are the plaintiff or parties intervening in proceedings before the courts or tribunal of another Contracting State. The same rule shall apply to any payment required of plaintiff or intervening parties as security for court fees. Article 15 An order for payment of costs and the expense of proceedings, made in one of the Contracting States against any person from their main requirements as security, bond, deposit or payment by virtue of article 14 or of the law of the State where the proceedings have been commenced shall, on the application of the person entitled to the benefit of the order enforceabl is rendered, be without charge in any other Contracting State. Article 16 Each Contracting State shall designat one or more transmitting authorities for the purpose of forwarding it to the appropriate Central Authority in the requested State applications for rendering enforceabl orders to which article 15 applies. Each Contracting State shall (a) the Central Authority the designat receive such applications and to take the appropriate steps to ensur that a final decision on them is reached. The Federal States and States which have more than one legal system may more than one designat Central Authority. If the Central Authority to which an application is submitted is not competent to deal with it, it shall forward the application to whichever other Central Authority in the requested State is competent to do so. Applications under this article shall be transmitted without the intervention of any other authority, without prejudice to an application being transmitted through diplomatic channels. Nothing in this article shall prevent the application from being made directly by the person entitled to the benefit of the order unless the requested State has declared that it will not accept applications made in this manner. Article 17 Every application under article 15 shall be accompanied by: (a) a true copy) of the relevant part of the decision showing the names and capacities of the parties to and of the order for payment of costs or expense; (b) any document not cessary to) the process that the decision is no longer subject to the ordinary form of review in the State of origin and that it is enforceabl is there; (c) a translation, certified as) true, of the above-mentioned documents into the language of the requested State, if they are not in that language. The application shall be determined without a hearing and the competent authority in the requested State shall be limited to examining whethers the required documents have been produced. If so requested by the applicant, that authority shall determin the amount of the costs of translation and certification, attestation, which shall be treated as costs and the expense of the proceedings. From analog to the legalization or formality may be required. There shall be a right of appeal against the decision of the competent authority of the except in accordanc with the law of the requested State. Chapter III — a DECISION the COP OF entries AND article 18 of any Contracting State nationals and persons habitually resident in any Contracting State may obtain in any other Contracting State on the same terms and conditions as its nationals, cop out of or extract from the register and in the publication of entries in the civil or commercial decision relating matters and may have such documents legalized , where not cessary. Chapter IV — PHYSICAL DETENTION AND safe-conduct article 19 arrest and detention, whethers a mean of enforcement or simply as a measure, the banks shall not, in civil or commercial matters, be employed against a national of a Contracting State or persons habitually resident in a Contracting State where the they in circumstanc cannot be employed against a national of the arresting and detaining State. Any fact which may be invoked by a national habitually resident in such a State to obtain release from arrest or detention may be invoked with the same effect by a national of a Contracting State or a person habitually resident in a Contracting State even if the fact occurred abroad. Article 20 (A) A person who is a national of or habitually resident in a Contracting State and who is summoned by name by a court or tribunal in another Contracting State, or by a party with the leave of the Court or tribunal, in order to appear as a witness or expert in proceedings in that State shall not be liabl it for prosecution or detention , or subjected to any other restriction on his personal liberty, in the territory of that State in respect of any act or convictions occurring before his arrival in that State. The immunity provided for in the preceding paragraph shall commenc seven days before the date fixed for the hearing of the witness or expert and shall cease when the witness or expert having had, for a period of seven consecutive days from the date when he was informed by the judicial authorities that his presence is no longer required, an opportunity of leaving has not remained in the territory of the vertheles , or having left it, has returned voluntarily. Chapter: the GENERAL PROVISION of article 21, without prejudice to the provision of article 22 nothing in this Convention shall, be construed as limiting any rights in respect of matters governed by this Convention which may be conferred upon a person under the law of any Contracting State or under any other convention to which it is a party, or become,. Article 22 Between Parties to this Convention who are also parties to one or both of the Convention on civil procedure signed at the Hague on the 17th of July 1905 and the 1st of March 1954, this Convention shall replace articles 17 to 24 of the Convention of 1905 or articles 17 to 26 of the Convention of 1954 event if the reservation provided for under paragraph 2 (c)) of article 28 of this Convention has been made. Article 23 Supplementary agreements between parties to the Convention of 1905 and 1954 shall be considered as equally applicable to the present Convention, to the exten to that ut300r2u compatible therewith, unless the parties otherwise agree. Article 24 (A) A Contracting State may specify by declaration a language or languages other than those referred to in articles 7 and 17 in which documents sent to its Central Authority may be drawn up in or translated. Article 25 (A) A Contracting State which has more than one official language and cannot, for reasons of internal law, accept for the whole of its territory documents referred to in articles 7 and 17 drawn up in one of those languages shall by a declaration, specify the language in which such documents or translations thereof shall be drawn up for submission in the specified parts of its territory. Article 26 If a Contracting State has two or more territorial units in which different systems of law applicable in the relations it matters to deal with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at you any time. Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies. Article 27 where a Contracting State has a system of Government under which Executive, judicial and legislative power is distributed between central and with other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or in the making of any declaration under article 26 shall carry out the internal implications as the distribution of powers within that State. Article 28 Any Contracting State may, at the time of signature, ratification, acceptance, approval or accession, reserve the right to exclude the application of article 1 in the case of persons who are not nationals of a Contracting State but who have their habitual residence in a Contracting State other than the reserving State or formerly had their habitual residence in the reserving State , if there is no reciprocity of treatment between the reserving State and the State of which the applicants for legal aid with the national. Any Contracting State may, at the time of signature, ratification, acceptance, approval or accession, reserve the right to exclude: (a)) the USA of English or French, or both, under paragraph 2 of article 7; (b)) the application of paragraph 2 of article 13; (c) the application of Chapter II); d) the application of article 20, where a State has made a reservation under paragraph 2 (a), (e))) of this article, excluding the use of both English and French, any other State affected thereby may apply the same rule against the reserving State; (f) under paragraph 2 (b))) of this article, any other State may apply paragraph 2 of refus to article 13 of the persons who are habitually resident or national of the State in reserving; (g) under paragraph 2 (c))) of this article, any other State may apply Chapter II refus to persons who are habitually resident national of or in the reserving State. Other reservation shall be permitted. Any Contracting State may at any time withdraw a reservation it has made. The withdrawals shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The reservation shall cease to have effect on the first day of the third calendar month after the notification. Article 29 Every Contracting State shall, at the time of the deposit of its instrument of ratification or accession, or at a later date, inform the Ministry of Foreign Affairs of the Kingdom of the Netherlands of the designation of authorities to pursuan articles 3, 4 and 16 shall inform the likewis. in the Ministry, where appropriate, of the following: (a) declarations it pursuan) articles 5 , 9, 16, 24, 25, 26 and 33; (b) withdrawals or modification) any of the above designation and declaration; (c)) the withdrawals of any reservation. Article 30 the model forms annexed to this Convention may be amended by a decision of a Special Commission convoked by the Secretary General of the Hague Conference to which all Contracting States and all Member States shall be invited. Notice of the proposal to amend the forms shall be included in the agenda for the meeting. Adopted by a majority of the amendments of the Contracting States present and voting at the Special Commission shall come into force for all Contracting States on the first day of the seventh calendar month after the date of their communication by the Secretary General to all Contracting States. During the period provided for by paragraph 2 any Contracting State may by notification in writing to the Ministry of Foreign Affairs of the Kingdom of the Netherlands will make a reservation with respect to the amendment. (A) the Party making such reservation shall until the reservation is withdrawn be treated as a State not a Party to the present Convention with respect to that amendment. CHAPTER VI — FINAL CLAUSS's article 31 the Convention shall be open for signature by the States which were members of the Hague Conference on private International Law at the time of its Fourteenth Session and by non-Member States which were invited to participat in its preparation. It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Article 32 Any other State may accede to the Convention. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the twelve months after the receipt of the notification referred to in sub-paragraph 2 of article 36. Such an objection may also be raised by Member States at the time when they ratify.â , accept or approve the Convention after an accession. Any such objection shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Article 33 Any State may, at the time of signature, ratification, acceptance, approval or accession, declare that the Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect at the time the Convention enter into force for that State. Such declaration, as well as any subsequent extension, shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Article 34 of the Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to in articles 31 and 32. Thereafter the Convention shall enter into force – (1) for each State ratifying, accepting, approving or acceding to it subsequently, on the first day of the third calendar month after the deposit of its instrument of ratification acceptance, approval or accession,; (2) for any territory or territorial unit to which the Convention has been extended in conformity with article 26 or 33, on the first day of the third calendar month after the notification referred to in that article. Article 35 of the Convention shall remain in force for five years from the date of its entry into force in accordanc with the first paragraph of article 34 even for States which have ratified, accepted, subsequently approved it or acceded to it. If there has been of the denunciation, it shall be tacitly renewed stands out among every five years. Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, at least six months before the expiry of the five year period. It may be limited to certain of the territories or territorial units to which the Convention applies. The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States. Article 36 of the Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States members of the Conference, and the States which have acceded in accordanc with article 32, of the following: (1) the signature and ratification, acceptance and approval of the referred to in article 31; (2) the objection raised by the accession and accession to it referred to in article 32; (3) the date on which the Convention enter into force in accordanc with article 34; (4) the declarations referred to in articles 26 and 33; (5) the reservations and withdrawals referred to in articles 28 and 30; (6) the information communicated under article 29; (7) the denunciation is referred to in article 35. In witness whereof the undersigned, being duly authorised, have signed theret this Convention. Done at the Hague, on the 25th day of October, 1980, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands and of which a certified copy shall be sent, through diplomatic channels, to each of the States members of the Hague Conference on private International Law at the date of its Fourteenth Session and to each others State having participated in the preparation of this Convention at this Session.
Annex to the Convention Form for transmission of applications for legal aid Convention on International access to justice, signed at the Hague, the 25th of October 1980 the Identity and address of the transmitting authority address of the receiving Central Authority the undersigned authority has the honour of their transmitting transmit to the Central Authority receiving the application for legal aid and it attached in the annex (the statement concerning the applicant's financial circumstanc) , for the purpose of Chapter I of the above-mentioned Convention. Remarks concerning the application. and the statement, if any Other, if any: remark: done at.................., the ... Signature and/or stamp Form Attached to the Application for legal aid Convention Convention on International access to justice, signed at the Hague, the 25th of October 1980 1. Name and address of the applicant for legal aid 2. Court of the tribunal in which the proceedings have been or will be initiated (if known) 3 a) subject-matter (s) of proceedings; the amount of the claim, if applicable (b)) If applicable, a list of supporting documents to the proceedings commenced or intended pertinen * c) name and address of the opposing party (4) Any data or time-limit relating to proceedings with legal consequences for the applicant, calling for speedy handling of the application 5 Any other relevant information * 6. Done at … … … … … … …. . , the . . . . . . . . 7. Applicant's signature _____ ____ ____ ____ ____ * delete if inappropriate.
Annex to the application for legal aid, a statement concerning the applicant's financial situation of i. Personal circumstanc 8. name (maiden name, if applicable) 9. first name (s) date and place 10 of birth nationality 11 12 a) habitual residence (data of commencemen of the residence) (b) of the former habitual residence) (date of termination of the commencemen and residence) 13. civil status (single, married , widow (er), divorced, separated) 14. name and first name (s) of the spouse 15. names, first names and dates of birth of children dependent on the applicant 16. other persons dependent on the applicant supplementary information concerning the 17 family situation the Convention on international access to justice in the Hague, concluded in 1980 on October 25, the States which have signed this Convention, desiring to facilitate the international access to justice In this regard, decided to conclude a Convention and agree to the following terms. Chapter 1 legal aid article 1 nationals of a Contracting State and persons living permanently in the State may be eligible for legal aid as civil and commercial disputes in proceedings of each Contracting State to the same extent as if they were nationals or permanent residents. Persons not covered by article 1, but which ever have been the resident of a Contracting State, which will be launched or during the proceedings, may be eligible for referred to in article 1 legal aid, if the origin of the case is related to the country as a permanent residence of the person concerned. In countries where legal assistance is provided administrative, social or financial matters, the provisions of this article apply to things that are pending in the courts, which have jurisdiction to deal with these issues. Article 2 in article 1 shall apply to the provision of legal aid to a person who is in the country in which this assistance is sought. Article 3 each Contracting State will mean the central authority, which will receive the applications and take the necessary measures to ensure legal assistance under this Convention. Federal countries and countries where there is more than one legal system, can mean more than one central authority. If the central authority to which the application is released, is not competent to examine it, it must transmit the application to the central authority which is competent to examine it in the same Contracting State. Article 4 each Contracting State shall designate one or more authorities whose task is to transfer the legal aid applications to the relevant central authority of the State where the application is addressed to. Legal aid applications transmitted without other entities of the form as an attachment to the form, which is attached to the present Convention. None of the provisions of this article shall not preclude the application to be sent through diplomatic channels. Article 5 If the person seeking legal aid, not in a country where assistance is required, it can put your application to a transmitting Agency in the Contracting State in which the person was staying on a permanent basis, which does not conflict with other existing possibilities at its disposal to send your application to the competent authority of the beneficiary country of the application. The application is drawn up in the form annexed to this Convention, and it will add the necessary accompanying documents, which do not conflict with the rights of the beneficiary country to request more information or documentation as needed. Each Contracting State may declare that its central authority, accept applications transmitted via other channels or other ways. Article 6 of the transmitting Agency shall assist the applicant in ensuring that the application is added to all the known information and documentation needed for consideration of the application. This ensures compliance with the formal requirements. If a transmitting Agency considers that the application is manifestly unfounded, it may refuse to transfer it. It helps the applicant free to receive translated documents when such assistance is needed. It responds to requests for information, received from the central authorities of the beneficiary country. Article 7 application and all correspondence for records requested more information going on the beneficiary countries of the application in the official language or one of the official languages, or if it is accompanied by a translation into one of these languages. However, if the iesniedzējvalst is possible to provide a translation of the application in the official language of the recipient country, the last receipt of documents in English or French, or documents, accompanied by a translation into one of these languages. The application of the central authority of the beneficiary country list takes place in the official language or one of the official languages, or English or French. However, if the application is sent by a transmitting Agency is either English or French, or if it is accompanied by a translation into one of these languages, the central authority of the beneficiary country also lists in one of these languages. Translation costs arising from the application of the preceding paragraph, on dispatch of the application, with the exception of expenditure arising from the translation of the application, the beneficiary country and this country can't demand repayment. Article 8 Application of the central authority of the beneficiary country shall process applications or take the necessary steps to deal with its competent authorities. The application of the central authority of the beneficiary country shall send to the transmitting agency further requests for supplementary information and inform it of any difficulties arising from the examination of the application, or accepting the ruling. Article 9 If the person who draws upon letters, not living in a Contracting State, it can send their applications by consular channels that do not conflict with any other available option to get your application to the competent authority of the beneficiary country. Each Contracting State may declare that its central authority, accepting applications, which are transferred to the other channels and other ways. 10. article documents that are sent in accordance with the conditions of this chapter have not legalized or undergo equivalent formality. Article 11 of the application for legal aid, receiving and handling the transfer fee is not required. Article 12 legal assistance applications transmit urgent order. 13. Article When legal assistance is provided in accordance with article 1, the service of documents in any other Contracting State in connection with litigation relating to a person who provides legal assistance, free of charge, regardless of how these services are provided. The same applies to the lūgumvēstul and social news applications, except for the payment of experts and interpreters. If, in accordance with article 1 of the people received legal aid proceedings in the Contracting State and when this case is accepted the ruling, without further research into the circumstances of the case are entitled to legal aid in any other Contracting State in which that person wishes to achieve this recognition or enforcement. Chapter 2 guarantee the payment of costs and demand execution of article 14 persons (including legal persons) who are usually living in a Contracting State and which pushed as applicant or engage in proceedings taking place in another State, may not require securities, bonds, or any type of deposits, based solely on the fact that they belong to another country or that of their residence or is not domiciled in the country that started the court proceedings. This same rule applies to any payment for security expense required from the applicant or the party who engages in legal proceedings. Article 15 requests for payment of court fees and costs, which are raised in a Contracting State against a person not covered by the requirements of securities, bonds, deposits or payments as defined in article 14 or in the State in which proceedings have been initiated, laws must be carried free of charge in any other Contracting State upon application of the person for which these payments are due. Article 16 each Contracting State determines one or more transmitting Agency, which sends submissions on article 15 execution referred to in the relevant application to the central authority of the beneficiary country. Each Contracting State shall mean the central authority receiving such applications, and take the necessary steps to reach your destination. The Federal States or in countries where there is more than one legal system, can mean more than one central authority. If the central authority to which the application has been sent, is not competent to examine it, it must send the application to the application to the central authority of the beneficiary country which is competent to examine it. Applications covered by this article, to be transmitted without the mediation of other authorities, and it is not contrary to that, the application can be sent through diplomatic channels. This article does not prohibit the acceptance of applications directly from the persons entitled to request payment, unless the beneficiary has not declared that it will not accept such smart sent applications. Article 17 each application shall, subject to article 15 must be accompanied by: (a) the relevant part of the judgment) certified copy thereof, showing the names of the parties and the condition, as well as the request for payment of costs or expenses incurred; (b)) any document which is required to prove that the judgment is not appealed, has entered into a valid and enforceable in the country of origin; (c)) the above document certified translation into the language of the recipient countries of the application, unless those documents not already in that language. The application is accepted without further examination and to the competent authority of the beneficiary country is limited to a test, which determines whether it is accompanied by all the necessary documents. If the application contains a request, the authority shall determine the attestation, translation and approval costs are considered procedural costs. Legalisation or similar formalities are required. A decision of the competent authority may only be made in accordance with the law of the beneficiary country. Chapter 3 excerpt and a copy of the decision article 18 each Contracting State citizens and persons who settled in to life in the State, you can get in any other Contracting State on the same conditions as nationals of that State, extracts from public registers and copies of judgments in civil and commercial matters and can legalize the documents if necessary. Chapter 4 physical detention and security article 19 nationals of a Contracting State and persons settled in to life, unable to arrest or detain, follow the sentence or just applying the safety feature, the circumstances in which arrest or detention cannot be arestējoš and retaining national citizens. Any fact that can raise its population to cancel arrest or detention can be avoided with the same results to raise the other Contracting State, or the person staying there for life, even if the fact is committed in another country. Article 20 Contracting State or citizens that a court in another Contracting State or party to the Court's permission to call as a witness or expert in the trial that takes place in this country, cannot be subject to investigation or suspend or otherwise restrict his personal liberty in the territory of the country in connection with the action that occurred, or the judgment, taken before his arrival in the country. Immunity resulting from this article, refers to the period which began seven days prior to the date on which the hearing is to take place in which a witness or expert be heard, and ends when the witness or expert has been able within seven days after the date on which the judicial authorities have informed him that his presence is no longer required to leave the country, but he is however remained in its territory or on the territory of the country leaving it on his own back in the election. Chapter 5 General provisions article 21 insofar as it is not contrary to the provisions of article 22 nothing in this Convention shall be construed as a restriction on the right of things established by this Convention that persons under any law of a Contracting State or of another party for which the country or join the party. Article 22 Between Contracting Parties to this Convention, which is 1905. on 17 July, and on March 1, 1954 Hague Convention signed in civil matters, the Contracting Parties, this Convention replaces the Convention of 1905 article 17 to 24 and the 1954 Convention, article 17 to 26, despite a reservation established by the article 28 of the Convention of the second part (c)). 23. Article 1905 and 1954 Convention concluded in the context of the papildvienošan among the Contracting Parties to this Convention are also applicable, in so far as they are not in contradiction, unless the parties agree otherwise. Article 24 the Contracting Party may notify you about the language or languages that are different from the 7 and referred to in article 17 and in which you can create or translate documents to be transmitted to the central authority. Article 25 the Contracting State in which there is more than one official language and which cannot accept because inner law throughout the national territory and article 7 of 17 documents drawn up in one of these languages, informs the language or translate documents drawn up that be part of the territory of the country concerned. Article 26 If a Contracting State has two or more territorial units to which the things defined in this Convention, may be subject to different legal system, its signing of the Convention, of the deposit of instruments of ratification, acceptance, approval or on the date of entry into force of the Convention may declare that apply to all its territorial units or in one or more of them, territorial units, as well as this statement may be altered by giving notice to the other at any time. For each such statement shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, and it is clearly notified of the territorial units to which the Convention applies. Article 27 where the contracting form of Government provides for the Executive, judicial and legislative power distribution between Central and other national authorities, the signing of this Convention, the ratification, acceptance, approval or, as well as the entry into force in accordance with article 26 of the notification does not affect the internal power distribution in the country. Article 28 any Contracting State reserves the right of signature, ratification, acceptance, approval, or on the date of entry into force of the turn off the application of article 1 persons who are not nationals of a Contracting State, but which is settled to life in other than paturoš in the Contracting State or resident ever has been the law in the paturoš State when, between paturoš and the country whose citizens are asking for legal aid, there is a different approach. Any Contracting State to the signature of the instrument of ratification, acceptance, approval or at the time of entry into force of reserves the right to: (a)) to exclude English or French, or both languages, as provided for in article 2 and 7; (b)) to turn off the second subparagraph of article 13; c) turn off the application of Chapter 2; d) turn off application of article 20. If the State reserves the right, which this article e) of the second subparagraph of point (a)), to turn off the English and French languages, the use of any other country, what it touches, you can apply the same rules in relation to the law of the country of paturoš; (f)) which provide the second part of paragraph (b)), any other State may refuse to apply article 13, paragraph 2 in relation to persons who have the right to paturoš citizens or residents of the country; g) which provides that the second paragraph of article c) point, any other State may refuse to apply Chapter 2 in relation to persons who have the right to paturoš citizens or residents of the country. No other clauses are not allowed. Any Contracting State may at any time withdraw its reservation made. The withdrawal shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Disclaimer stops starting with the third day of the first calendar month after it is notified of its cancellation. Article 29 each Contracting Party to the instrument of ratification or accession or subsequently inform the Ministry of Foreign Affairs of the Kingdom of the Netherlands for under 3., 4. and specified in article 16. Each Contracting Party shall, where necessary, inform the Ministry about the following: a) on the notifications made in accordance with 5, 9, 16, 24, 25, 26, and article 33, b) of any changes or cancellations, affecting the foregoing instructions and notices; (c)) for any reservation cancellation. Article 30 the present Convention attached samples forms can be corrected with a Special Commission convened by the Secretary-General of the Hague Conference and to which all Member States are invited, the decision. Warning about a proposal to change the forms are included in the meeting agenda. The revisions adopted by the Special Commission of the Contracting States present in the majority of votes, shall enter into force for all the Contracting States with the seventh day of the first calendar month after the Secretary General announced for them in all Contracting States. The second part of this article within the time specified in any Contracting State may, by written notice of the Ministry of Foreign Affairs of the Kingdom of the Netherlands, make a reservation for the correction. The party, which made the reservation is to be considered for cancellation of reservation State, party to this Convention in respect of this amendment. 6. Chapter final provisions article 31 of the Convention shall be open for signature by all States which are the Hague Conference on private international law, its fourteenth session, as well as non-member countries which are invited to participate in its preparation. It will be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be submitted to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Article 32 of the Convention to accession by any other State. Instruments of accession shall be submitted to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Accession shall take effect only between the State, and those Contracting States which have not raised an objection to the accession of the twelve months after its receipt of the notice referred to in the second subparagraph of article 36. Such opposition may bring the Contracting States when it ratifies, accepts or approves the Convention after an accession. Any such objections must be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Article 33 any country signing the Convention, of the deposit of instruments of ratification, acceptance, approval or accession, may declare that it will apply to all the territories for the international relations of which it is responsible, or to one or more of them. This notice shall take effect from the date on which the Convention enters into force in the country. For this statement, as well as later additions, it must inform the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Article 34 of the Convention shall enter into force from the third calendar month after the first day of the third instrument of ratification, acceptance, approval or accession was lodged in accordance with article 31 and 32. After the Convention enters into force — (1) for each State that ratifies, accepts, approves or accedes to it later, from the third calendar the first day of the month following the deposit of instruments of ratification, acceptance, approval or accession to the submission of the instruments; (2) in relation to the territorial units to which the Convention is applied in accordance with article 26 or 33, starting with the first of the third calendar month after the notification of the day referred to in this article. Article 35 of the Convention will be in force for a period of five years following the date of its entry into force in accordance with the first subparagraph of article 34 of the same States that it ratifies, accepts, approves or accedes to it later. If it is not denounced, the transaction is automatically renewed every five years. The denunciation shall be required to inform the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the end of the five-year period. The denunciation may be subject to specific areas or territorial units to which the Convention applies. Denunciation shall apply only to the country that it warned about. With regard to the other contracting countries of the Convention continues to operate. Article 36 of the Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the Member States of the Conference and the countries which acceded in accordance with article 32, on the following: (1) on the signing and the ratification, acceptance and approval in accordance with article 31; (2) for accession and the objections raised with regard to accession, in accordance with article 32; (3) the date on which the Convention enters into force in accordance with article 34; (4) notification in accordance with article 26 and article 33; (5) for reservations and cancellations made in accordance with articles 28 and 30; (6) for reservations and extension breaks in accordance with article 29; (7) the denunciation, in accordance with article 35. In witness whereof the undersigned representatives have signed this Convention. Drawn up in 1980 in the Hague on October 25 in English and French, both texts being equally authentic, in a single copy, which will be deposited in the archives of the Government of the Kingdom of the Netherlands and approved copy will be sent through diplomatic channels for each of the Hague Conference on private international law to the Member State its 14th session, and every other country that has participated in the preparation of this Convention for that session.
Annex to the Convention, the legal aid application form the form annexed to the Convention of application 25 October 1980 Hague Convention on international access to justice 1. Judicial assistance applicant's name and address: 2. the Court brought or which thing is yet to be proposed: 3. a) the subject matter of an action; the amount of the claim, if any: b) a list of supporting documents required for the opening of the case: c) the defendant's name and address *: 4. any date or time limit for the process which may lead to legal consequences and as a result the applicant requires an operational legal aid application. 5. other relevant information: 6 dialed............, (date)............ " 7. applicant's signature ____ ____ ____ ____ ____ ___ * no fill, if not necessary.
Legal aid application Annex report of the applicant's material situation i. personal circumstances 8. surname (maiden name, if applicable): 9. Name (s): 10. date and place of birth: citizenship: 11.12 (a)) normal place of residence (the date from which living in residence): (b)) the previous residence (date from which lived in this place and never stop living): 13. Marital status (married (s), married (s), a widower (-e), divorced (s), live in a legally recognised separated life): 14. Spouse's first name and last name: 15. The applicant's children in the care of first name, last name, date of birth: 16. Other persons who are in the care of the applicant: 17. Additional information about the applicant's family status :




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