For The Republic Of Latvia And The Kyrgyz Republic On Legal Assistance And Legal Relations In Civil, Family And Criminal Matters

Original Language Title: Par Latvijas Republikas un Kirgīzijas Republikas līgumu par tiesisko palīdzību un tiesiskajām attiecībām civilajās, ģimenes un krimināllietās

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The Saeima has adopted and the President promulgated the following laws: the Republic of Latvia and the Kyrgyz Republic on legal assistance and legal relations in civil, family and criminal matters, article 1. 1997. on 10 April, Bishkek signed the Republic of Latvia and the Kyrgyz Republic on legal assistance and legal relations in civil, family and criminal matters (hereinafter referred to as the Treaty) this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put for Latvian language in the contract. 3. article. The agreement shall enter into force 79. Article within the time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The Parliament adopted the law of 21 May 1998. The President g. Ulmanis in Riga, June 2, 1998, the Republic of Latvia and the Kyrgyz Republic on legal assistance and legal relations in civil, family and criminal matters, the Republic of Latvia and the Kyrgyz Republic, hereinafter referred to as the Contracting Parties, giving great importance to the development of legal aid provision in civil, family 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 other Nationals of a 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 enforcement (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 aid Contracting Parties 1 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 assistance to other authorities competent for the matters 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 performance of a procedural act provided for the contracting party to which the request is addressed in legislation, including the party, the victim, the accused, defendants, witnesses, experts, questioning, inspection, review, search, seizure, description of property, transfer of evidence, prosecution proceedings and the person who committed the crime, extradition, court recognition and enforcement of judgments in civil matters, the Court's recognition of judgments in criminal matters and transfer service , news provision at the request of the other Contracting Party for a person of criminal. Article 4 communication procedures by providing legal aid, the authorities of the Contracting Parties shall mutually communicate through the Ministry of Justice of the Republic of Latvia and the General Prosecutor's Office of the Kyrgyz Republic and the Ministry of Justice and the Prosecutor General's Office. Article 5 the language requests and tasks for the provision of legal aid to be in the language of the Contracting Party, which shall forward them, together with a translation into the Russian language, if this Treaty. The translation shall be certified in accordance with the legislation of the Contracting Parties. 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 have the signature of the competent person, specifying its name and mandate, and also approved the stamp. Article 7 Tasks of the legal aid form task for legal assistance must indicate: 1) name of the sender; 2) authorities that addressed the task name; 3) the name of the case being sent; 4), accused, tried and convicted, for which the request is sent, or task, the first and last names, nationality, occupation and domicile or place of residence, but the entities name and location; as well as the persons name and address; 5) 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 the tasks on the provision of legal aid, the law enforcement authority addressed to the task, apply its national legislation. However, at the request of the authority of the two tasks, it may apply the task given the procedural rules of the Contracting Party, in so far as they are not inconsistent with their national legislation. 2. If a law enforcement authority addressed to the task, not competent to execute it, it forwards the task to the competent authority and shall inform the authority given the task. 3. Upon receiving the request, the law enforcement authority that transferred, shall inform the management authority of the task on the time and place of execution. 4. Law enforcement authority addressed to the task after it sends the documents to the institution from which you received the order; If legal aid can be given, it shall be returned to the task and inform about conditions that interfere with the execution. 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 or inaccurate, 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 of the victim, witness or expert call 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 from the need of the victim, the presence of a witness or expert who is located in the territory of the other Contracting Party, the authority of the Party shall be required to issue a statement. 2. the communication may not be certain penalties called in the case of absence. 3. The victim, witness or expert who, regardless of his nationality, voluntarily arrived at the call of the other Contracting Party, the authority of law enforcement in the territory of the party, and may not be referred to the criminal and administrative liability, arrested or punished for testimony or opinion provided that it is given as an expert, or crime, which is the subject of the proceedings. 4. The victim, witness or expert does not have such a privilege, if he's within 15 days of the notification of the fact that his presence was no longer necessary, does not leave the territory of the Contracting Party. This period is not counted in the time in which the victim, witness or expert could not leave the territory of the Contracting Party of the calling of his independent reason. 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, as well as on 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 these expenses. 13. Article 1 the validity of the document. the documents in the territory of one of the Contracting Parties or the Court drawn up certified or official person (notaries, experts, etc.) within the limits of their jurisdiction and subject to the prescribed shape and stamped with the coat of arms, seal, 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 Party addressed to the task, will not require reimbursement for legal assistance. The contracting parties themselves bear all the costs of providing legal aid in your area. 2. Law enforcement authorities which are addressed to the mission, inform the authority given the task, on the amount of expenditure. If the authority given the task, recover these expenses 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 General Prosecutor's Office of the Kyrgyz Republic and the Ministry of Justice and the General Prosecutor's Office shall, upon request, shall 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 free legal defence of one Contracting Party to nationals of the other Contracting Party, the courts and other institutions is provided free legal aid and free legal proceedings under the same conditions and the same benefits as citizens. 17. Article 1 of the document transfer Contracting Parties ' competent authorities shall undertake to transfer the other extracts from the civil legislation of the Contracting Parties in the case are affecting citizens of the other Contracting Party. The transfer must take place immediately after registration. 3. The Contracting Parties shall undertake at the request of the other Contracting Party through the diplomatic channel, to send each other without translation and without charge of the Contracting Parties in the presence of certificates and other documents (on education and so on) to which the other contracting party affected citizens ' personal and property rights. Article 18 refusal to provide legal aid, legal aid is not provided, if they can be harming the provision the Contracting Parties which sent the request, sovereignty and security, or are inconsistent with this part, the main principles of the legislation. Part two special provisions Chapter 1 legal aid and legal relations in CIVIL and family cases article 19 exemption from court charges 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 the nationals of that State. Article 20 of the service for personal, family, and property condition 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 is residing or staying in. 2. If the applicant is not living or stay 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, in addition to the explanations. Article 21 jurisdiction of the 1. If this contract does not determine the order of each of the other Contracting Party, the courts are competent to hear civil and family cases, if the defendant is resident in its territory. Requirements against legal persons courts are competent, if the party is in the governing body of the legal person, or an agency or branch. 2. 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 by the opposition claims faster than in nature. Agreement of the parties cannot alter the exclusive competence of the courts. 3. 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 22 legal capacity 1. capacity of a natural person 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 23 limitation of legal capacity 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 that person is. 2. If one of the authorities of the Contracting Parties determine that is the Foundation of a national of the other Contracting Party, whose place of residence 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 standing Lai residence or place of stay or do not give a reply within three months, then the person's place of residence or the institution of the place of stay, you can review the case for this person's capacity limitations or recognition as incapacitated. The m's personal rule in recognition of legally incompetent or restriction of legal capacity must be notified to the other Contracting Party, the authority concerned. 3.1 and 2 of this article, the provisions of the applicable paragraph, removing capacity constraints or recognizing a person for legal capacity. Article 24 in cases where delay is not allowed, the other Contracting Party, the authority may take measures for persons living or staying in its territory, the recognition of limited legal capacity or incapacity, if necessary those persons or their property. In order for these measures to be sent to the relevant authority of the Contracting Party of which the person is that person; These orders are cancelled if the Contracting Parties authorities decide otherwise. Article 25 annulment went away, the promulgation of dead and dying fact finding 1. In cases where the person to be recognised as the absent and went dead or open to reveal 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 went absent or dead, 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. 26. Article 1 of the conclusion 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 they k marriage took place. 2. the form of the marriage is determined by the legislation of the Contracting Party in whose territory the marriage was. Article 27 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 living space. 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 spouses ' personal and property rights 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. Article 28 of the divorce and marriage annulment 1. Divorce is competent in its contracting parties authorities, whose citizens the spouses were at the time of the application, and therefore the spouses of this legislation of the Contracting Party. 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 in one, and the other the other Contracting Party, the competent in both the authorities of the Contracting Parties, they shall apply their national law. 3. In cases of nullity of marriage subject to the legislation of the Contracting Parties, in accordance with article 26 apply in the marriage. In addition, the competent court is determined on the basis of the article 1 and 2. Parent and child rights and obligations Article 29 cases of establishment of paternity 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, the child is a citizen from birth. Article 30 1. Parent and child responsibilities and rights determined by the legislation of the Contracting Party in whose territory they are common place. 2. If one of the parents or the children are 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. 31. Article illegitimate child, and his mother's and father's rights and duties determined by the legislation of the Contracting Party of which the person is a child. Article 32 to make a judgment about the 29-Article 30 those rights and obligations of the competent courts of the Contracting Party is that the law must be applied in a specific case. If the plaintiff and the defendant resides in the territory of one of the Contracting Parties, the competent court is that of the Contracting Party, subject to article 30-32. Adoption of article 33 Adopted by the 1 the Contracting Parties shall, in the territory of which the residence of the adoptive parent is a citizen of, or who he is. 2. If the child is adopted by spouses one of whom is the one and the other for the other Contracting Party, the citizen, the adoption must comply with the legislation in force in both the Contracting Parties. 3. If the child has one, but the adoptive parent, the other a national of a Contracting Party, adopted or repealed the adoption, the child's consent is necessary if the law of the Contracting Party so provides, where the citizen is the child, and the child's legal representative and the competent authority of the Contracting Party. 4. the following article 1, paragraph 2 and 3, the provisions are also applicable with regard to adoption. 34. Article 1. Competence to adopt the decision on the adoption of the party's authority in the territory of which the adoptive parent has permanent residence or of which he is. 2. in the case set out in article 33, paragraph 2, the competent authority of the Contracting Party has, in the territory of which the spouse is or was the last common place of residence or abode. Custody and the aegis of article 35 1. 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 law of a Contracting Party, the authority which appointed guardian or protector. Article 36 1. If you need to establish custody or guardianship of citizens of one of the Contracting Parties in the interest of the place of residence or abode, 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 35, paragraph 1 of the rules. 2. 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 35, paragraph 1 of the rules. Measures in force by the time the specified authority adopted a different decision. Article 37 1. guardianship and custody of the competent authority in accordance with article 35 (1) of the guardianship and custody may be transferred to the other Contracting Parties to the relevant authorities if wards or persons under the auspices of the place of residence or domicile 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 concerned authorities of the other party. 2. the authority shall, in accordance with paragraph 1 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 conclusion of marriage required in accordance with the legislation of the Contracting Party of which are this person. Property relations article 38 1. Property rights 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 has been the subject of the transaction, occurrence, or expiration is determined by the location of the transaction if the legislation of the Contracting Parties to the agreement do not provide for different arrangements. 39. 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. 40. 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 in paragraph 2, the competent court is the Contracting Party in whose territory the activity took place or existed in a different circumstance, which required consideration of injury. The victim may also submit an application to the Court of the Contracting Party in whose territory the defendant's place of residence. Succession article 41, the principle of the equality of one Contracting Party will be treated as nationals of the other Contracting Party, the citizens living on 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 42 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. Article 43 of the transition State Succession where, under the legislation of a Contracting Party heritable property to move State property, the real property across the country, of which 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 44 form of Wills Probate form shall be governed by the legislation of the Contracting Party of which will compose the moment has been the testator. However, it is sufficient if they comply with the legislation of the Contracting Party in whose territory a will drawn up. These rules are they ie also will k. Article 45 competence in succession 1. movable property management of heritage, except paragraph 2 of this article, in the cases provided for, take the authorities 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 was not the last place of residence, at the request of the heirs, or legatār, if it agrees with all the heirs, inheritance in the authorities of the Contracting Party. 3. real property probate cases settled 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 46 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. 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 of the 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 heritage and the value of the and on the measures taken for the protection of the heritage. 3. the diplomatic mission or consular authority, it is passed to the succession of the deceased and real property. 47. the article of one of the Contracting Parties, the diplomatic mission or consular authority is entitled to represent the interests of the inheritance authority of the other contracting party 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. 48. Article 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 is transferred to the Contracting Party of the diplomatic mission or consular authority of which had died. 49. Article 1 of the issue of Succession. If the movable property of the succession, or the amount of money received in succession the movable or real property sales, after the completion of the succession must be passed to heirs, has his domicile or residence is located in the territory of the other Contracting Party, the inheritable property, or the amount of money a candidate for that Contracting Party's diplomatic mission or consular authority. 2. the authority which has jurisdiction in matters of succession, the succession shall order the issue of a diplomatic mission or consular authority. 3. Such property 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 fees related to the succession; 3 the competent authorities) if required, the permission for export, inheritable property. 4. The amount of money transfer takes place in accordance with the territories of the Contracting Parties as the applicable legislation. The recognition and enforcement of article 50 of the recognition and enforcement of Judgments in civil and family matters and criminal matters affecting damages 1. The Contracting Parties shall be recognised and enforced by the authorities of Justice, having been convicted by a judgment in civil and family matters and judgments that affect the crime caused the damages. 2. The territory of the Contracting Parties no particular filing guardianship and trusteeship is recognized by the authorities of births, deaths and marriages registration authorities and other authorities in civil and family matters, if they are by their nature requires. Article 51 request for enforcement proceedings 1. Requests for enforcement of the appearance of the Court of the Contracting Party in the territory of which it must be carried out. 2. the request for enforcement shall be submitted to the Court of first instance has given judgment in the case. The request, which filed the Court which delivered the judgment 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 shall be accompanied by a certified translation into the language of the contracting party to which the request is addressed. 52. Article request for enforcement must be accompanied by: 1) approved of the Court a copy of the judgment, official document of entry into force of the judgment, if it is not apparent from the text of the judgment, a statement about its execution, if the judgment earlier executed in the territory of the Contracting Party; 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. Article 53 If the Court, enforcement of judgments, uncertainties occur, it may require the person who submitted a request for enforcement of the judgment, explanation, as well as the defendant's request to question him about the nature of and, if necessary, request clarification from the Court, a judgment delivered the k. Article 54 the procedure of enforcement judgment enforcement procedures shall be governed by the legislation of the Contracting Party in whose territory the enforcement is to take place. Article 55 the Court to cover the enforcement of, applicable law of the Contracting Party in whose territory judgment has to be enforced. 56. Article refusal to recognise and execute the judgments of the courts judgment 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 take place in the recognition and enforcement If it is given before the entry into force of a legal judgment or, if that Contracting Party has previously launched legal proceedings in this case, 3) If, 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 recognition and enforcement of judgments, legislation, case is its exceptional competence, 4) if there is no document that confirms the agreement of the parties of the dispute. 57. Article 50.-this agreement the provisions of article 56 of the judgment of the Court of Justice shall also apply to settlements approved by court. 58. Article export of Goods and the amount of money transfer this agreement on enforcement of judgments without prejudice to the legislation of the Contracting Parties on the performance of the resulting amount of money transfer and export of objects. 2. SECTION for legal aid in criminal prosecution proceedings article 59 obliged Prosecution proceedings 1. each Contracting Party shall, at the request of the other Contracting Party in accordance with its laws propose to prosecute its own nationals who are suspected of committing a crime in the territory of the other Contracting Party. 2. the application of the prosecution, the victim who filed within the time limit set in accordance with the legislation of one Contracting Party to the competent authorities, are also valid in the territory of the other Contracting Party. 60. Article request for the initiation of prosecutions 1. Request for the initiation of prosecution must be drawn up in writing and must specify: 1) authorities, which sent the request, the name, 2) description of the offence, it is sent a request for the initiation of criminal prosecution or acquisitions, 3) more accurate location and time of the offence, 4) the Contracting Parties which sent the request, the text of the law, on the basis of which, the offence is considered a crime , 5) of the suspected person surname and name of its nationality, residence or the place of life, and other news about its personality, as well as, if possible, the person's appearance, photograph and fingerprints, 6) application of the victim in criminal proceedings, which proposed to the victim's submission was based, and for material damages, if any, the case is 7) details of material loss suffered. The request must be accompanied by a Contracting Party that sends the 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 73. 2. If the person at the time of the request for the initiation of a prosecution is sent, in accordance with article 59, paragraph 1, is in custody 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 71 of this agreement 1. Article 61 of the Crime issue, which provided for the issuance of 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. 62. The issue of the refusal to issue 1 occurs when: 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 19(4), or other legitimate 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 the termination of the proceedings. 2. May refuse to issue a person if the offence for which the extradition request, committed in the territory of the contracting party to which a request. 3. Refusing to issue, the contracting party to which a request, notify the other Contracting Party of the grounds for refusal. Article 63 the suspension of extradition if the person that sent the extradition request, called a criminally or suffer the penalty for other crimes, the Contracting In the territory of the party to which the request is transmitted, extradition may be deferred until completion of the criminal prosecution, the end of a sentence or release any other legitimate grounds. Article 64 the Issue If the issue under article 63 of the postponement may lead to prosecution or serious limitation of the period of troubling 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. 65. 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 requests. Article 66 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 other crimes, which this was not 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 picked, the territory 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. 67. Article extradition request for extradition Request 1 must be presented in written form and content: 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 the name of its nationality, residence or the place of life, and other news about its personality, as well as, if possible, the external appearance description , 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 true copy of the decision on arrest with the actual circumstances of the case. 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 part already done, then add the details about it. 68. the article 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. Article 69 additional posts by Request 1 a Contracting Party may request additional information, if the extradition request does not contain all specified in article 67 of the necessary details. The other Contracting Party shall respond to such a request within one month; for good reason, this time limit may be extended for another 15 days. 2. where the requesting contracting party is not made within the time limit, the request for the extra messages received in a Contracting Party may be released from custody a person arrested on the basis of article 68. 70. Article Arrest until receipt of the extradition request 1. Urgent cases at the request of the requesting contracting party, other Contracting Parties may arrest the person specified in article 67 before the extradition request was received. The request must include a reference to the decision on custody or, having been convicted by a judgment which has been accepted in respect of that person, as well as the statement that the extradition request will be sent immediately. The request can be sent by mail, telegram or otherwise in writing. 2. a Person may be arrested without this article referred to in paragraph 1 of the receipt of the request, if there are reasonable grounds for believing that it is in the territory of the other Contracting Party has committed a crime for which the intended output. 3. An arrest warrant, in accordance with paragraph 1 or 2, or causes that do not allow you to execute the request referred to in paragraph 1, shall immediately be notified to the other Contracting Party. 4. a Person arrested under this article point 1 or 2 must be released if, within one month of the request for the arrest of the other Contracting Party does not receive a request for this person. This deadline by the requesting Contracting Party may be extended for a further 15 days. 71. 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, be informed of 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. At the request of the Contracting Party from which the extradition request is received, this period may be extended by no more than 15 days. 72. Article repeated extradition if the person extradited would avoid prosecution or sentence and returned to the territory of the contracting party to which the request is addressed, she by the requesting Contracting Party may be issued. In this case, the request does not need to add the document referred to in article 67. 73. Article 1 of the transfer of the subject party, addressee of the extradition request, pass it to the other Contracting Party of the crime for which the extradition provided for in article 62, the tools, as well as objects that have traces of the crime or obtained proceeds of crime. These items are passed, on receipt of a request, or in cases where the extradition of his death or other circumstances is 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 case. 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 which issued it. 74. 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 individual case the transit line type, route and other provisions. 4. Expenses related to the tranzītpārvadāšan, shall be borne by the Contracting Party that made the request. 75. 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 or task for legal assistance in criminal matters. 76. Article news about criminal, the Contracting Parties shall provide each other on request the particulars of the person's previous criminal, if this person is called to criminal liability of the requesting contracting party. 77. 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 persons issued. After the request is sent to the effect of the judgment was entered, or other copy of a final decision. Article 78 notifications of decisions every year, Contracting Parties will provide each other with details of the 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. The third part of the final clauses article 79 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. Article 80 1 the period of validity of the contract this contract is for 5 years. 2. the contract will be in force for the next 5-year period, until 6 months from the end of one of the Contracting Parties in writing of the date of notification to the other Contracting Party of its intention to terminate the operation of this agreement. Contract Bishkek 1997 April 10, in two copies, each in the Latvian, Kyrgyz and Russian languages, all texts being equally valid.
On behalf of the Republic of Latvia, on behalf of the Kyrgyz Republic Valdis Birkavs, Larisa Gutničenk, Minister of Foreign Affairs, Minister of Justice



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