The Saeima has adopted and the President promulgated the following laws: The agreement between the Republic of Latvia and the Republic of Belarus on legal assistance and legal relations in civil, family and criminal matters, article 1. 1994. February 21 in Minsk the signed agreement between the Republic of Latvia and the Republic of Belarus (hereinafter referred to as the Treaty) on legal assistance and legal relations in civil, family and criminal matters by this Act is adopted and approved. 2. article. The law starts an effect it broke a day. To put for by law this law referred to in article 1 of the agreement. 3. article. The Ministry of Foreign Affairs on the basis of this law and in accordance with article 80 of the Treaty ratification shall be written exchanges with the Republic of Belarus. 4. article. The agreement shall enter into force for the period specified in article 80 and in order. The law adopted in 1995 the Saeima on 26 January. The President g. Ulmanis in Riga, 1995 February 7 agreement between the Republic of Latvia and the Republic of Belarus on legal assistance and legal relations in CIVIL, family and criminal matters, the Republic of Latvia and the Republic of Belarus, hereinafter referred to as "the Contracting Parties", seeking to develop cooperation in judicial assistance and legal relations in civil, family and criminal cases, agreed on the following: part one General provisions article 1 legal protection 1. citizens of one Contracting Party in the territory of the other Contracting Party is the same in their personal and property rights legal protection as nationals of the other Contracting Party. 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 and other bodies (hereinafter referred to as "law enforcement authorities"), which is the competence of civil (including economic), family and criminal cases, they may speak in, sign up, request action and make other procedural actions on the same terms as nationals. 3. nationals of one Contracting Party, through legal protection, shall be entitled in the territory of the other Contracting Party the free and unhindered use of this Contracting Party lawyer services. 4.1-3 of this article shall apply also to legal persons formed in accordance with the legislation of the Contracting Parties. Article 2 legal aid 1. Both Contracting Parties the law enforcement agencies of the mutual legal assistance in civil (including economic), family and criminal matters, in accordance with the terms of this agreement. 2. Law enforcement authorities shall provide legal assistance to other authorities in the cases referred to in paragraph 1 of this article. 3. Other matters related to this article referred to in paragraph 1, send requests for legal assistance to law enforcement authorities. Article 3 scope of the Contracting Parties shall provide each other with judicial assistance, execution of procedural and other actions, intended for the Contracting Parties to which the request is addressed in legislation. Article 4 communication procedures providing legal assistance, the Contracting Parties shall communicate to the central law enforcement authorities. Article 5 the language 1. a request for legal assistance and the documents are drawn up in the official language of a Contracting Party, which asks for help and is sent with the translation into its official language of a Contracting Party to which the request is addressed, or mutually agreed language. 2. Documents for the enforcement of letters rogatory is composed of the contracting party to which the request is addressed in the national language and is sent with the translation into its official language of a Contracting Party which requested such assistance, or mutually agreed language. 3. This article is 1-2. a translation of the documents referred to in paragraph 1 shall be certified by an official translator, the diplomatic mission or consular authority. Article 6 processing of documents documents which shall be transmitted to the law enforcement authorities or other authorities, a procedure for the provision of legal aid, must be approved by the institution's coat-of-arms of the stamp and signature of the competent person. Article 7 of the Treaty on the legal aid form 1. The Treaty on the legal assistance: 1) the name of the sender; 2) law enforcement authorities that addressed to the name; 3 things that are) sought legal help, name; 4) party and other persons for whom the request is sent, the first and last names, nationality, occupation and domicile or place of residence, but legal persons-name and location; 5) names of the authorised persons and addresses; 6) content of the task but also the composition of crime of criminal-description and its legal qualification. 2. The request for the service of documents in addition to indicate the exact address of the beneficiary and the name of the document to be served. Article 8 implementing rules 1. Execution of a request for legal assistance, the law enforcement authority to which the request is addressed, apply its national legislation. However, it can be applied to 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 to which the request is addressed, is not competent to be executed, it forwards the request to the competent authority and shall inform the authority from which the request was received. 3. Upon receiving the request, the law enforcement authority to which the request is addressed, shall inform the management authority of the task on the time and place of execution. 4. Law enforcement authority to which the request is addressed, and send documents to the authority from which the request was received; If legal aid can be given, it sends back a request and be informed of the 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 acknowledgment of service of documents service of documents presented with confirmation, signed by the person to whom the document was issued and certified by the stamp of the Authority's coat-of-arms, indicating the date of issue and the issuing authority or by the competent employee signed with the approval of the authority, which should indicate the type of service of a document, place and time. 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 the Person dialing abroad to participate in the process 1. If the preliminary investigation or during the course of the administration of Justice in the territory of one of the Contracting Parties is necessary after the person's arrival, which is located in the territory of the other Contracting Party, then must go to the corresponding institution of that Contracting Party with the request to issue a statement. 2. the statement may not contain sanctions in case the called party. 3. A Person who, regardless of their citizenship, voluntarily arrived at the call of the other Contracting Party, the Contracting Party may not be called to criminal or administrative responsibility, been arrested or convicted in connection with any action, which it has done to the frontier. Also this person may not be prosecuted in a criminal or administrative liability, arrested or convicted in connection with any of the evidence or her conclusions that they produce as experts or in connection with the offence that is the subject of the proceedings. 4. the person has no such privilege, if his 15 days of the notification of the fact that her presence is not required in the future, do not leave the territory of the Contracting Party of the calling party. This period is not counted in the time during which a person could not leave the territory of the Contracting Party of the calling of her circumstances. 5. People who come on call in the territory of the other Contracting Party, have the right of her izsaukušaj institutions receive reimbursement that are associated with the trip and the stay abroad, as well as on the nokavētaj working days not received remuneration of salaries; In addition, experts are entitled to pay for the inspection. The call must specify for which izsauktaj persons are eligible to receive payment; upon request, the contracting party who sent the call in advance the cost to cover the expenses. 13. Article 1 the validity of the document. the documents in the territory of one of the Contracting Parties drawn up or proven authority or official person (translator, expert etc.) the limits of their jurisdiction and pursuant to the prescribed form, and that stamped with the coat of arms stamps 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. the contracting party to which the request is addressed does not require reimbursement for legal assistance. The contracting parties themselves bear all the costs of providing legal aid in its territory, except for the expenses related to the examiner. 2. Law enforcement authorities that request is addressed, shall inform the authority from which the request is received, 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 on the rights of interested parties to law enforcement authorities, on request, provide each other with information about current or former national legislation and its application, which shall be carried out by the law enforcement agencies. Article 16 civil registry Act of registration certificates and other documents of transfer for the Contracting Parties undertake, on request, to each other free of charge transfer to the Civil Registry Act of registration certificates and other documents that affect the citizens of both parties the personal rights and interests. Article 17 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 or national security, the citizens ' rights and legitimate interests or conflicts with the law in force in the main principles. Part two special provisions title I of legal assistance and legal relations in CIVIL and family cases article 18 competence of the Court 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 to hear cases if the territory of the Contracting Party concerned is the governing body of the legal person, agency or branch. 2. the Contracting Parties, the Court hears cases in other situations, if it has the written agreement of the parties. This agreement shall terminate the proceeding of the Court the defendant's application, if such an application is made to the time of submission of the objection by the nature of the claim. The exclusive competence of the courts cannot be changed with the agreement of the parties. 3. If a civil action 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 19 exemption from court costs, one contracting party nationals and legal persons 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 and legal persons. Article 20 of the service for personal, family, and property condition 1. document on the personal and family situation, on income and property, to obtain a permit for exemption from court costs, issued by the competent authority of the Contracting Party in whose territory the applicant residing or staying in. 2. If the applicant is not a permanent residence or the place of life are not in the territory of one 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 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 22 capacity limitation and recognition of the incapacitated 1. If any person be declared legally incompetent or of limited legal capacity, the competent and entitled to apply its legislation entitled the authorities of the Contracting Party of which that person is. 2. If any one of the Contracting Parties authorities, that is the Foundation of a national of the other Contracting Party, that domicile or place of residence is in the territory of that Contracting Party, be declared legally incompetent or of limited legal capacity, it shall inform the appropriate authority of the other Contracting Party. If the authority that so informed, announce that it grants the right to take further actions to the authority of the place of residence or place of stay or do not give a reply within three months, then the person's place of residence or the institution of the place of stay, you can review the case for this person's capacity limitations or recognition of incapacitated in accordance with their national laws, if the basis is also provided for in the legislation of the Contracting Party of which are this person. The decision on capacity limitations or recognition of incapacitated must be sent to the respective other Contracting Party. 3.1 and 2 of this article, the provisions of the paragraph also apply to removing the decision on recognition of a person for a limited legal capacity or incapable of action. Article 23 where unacceptable delay, who is the other Contracting Party, the citizen, who must limit or subtract capacity, the institution of the place of residence or stay may itself take the necessary measures for this person or his property. Orders taken in connection with these measures, must be sent to the appropriate authority of the Contracting Party of which the person is that person; These orders are cancelled if the Contracting Parties authorities decide otherwise. Article 24 recognition on the promulgation of the absent, went dead and the death 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, is the authorities of the Contracting Party in whose territory that person had the last place of residence. 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 the persons residing in its 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. Article 25 closing 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. In addition, they must respect national legislation of the Contracting Party in whose territory the marriage is contracted. Article 26 the spouses ' personal and property relations of the spouses 1 the personal and property relations shall be governed by the legislation of the Contracting Party in the territory of which the spouses have a common living space. 2. If one of the spouses resides in the territory of one of the Contracting Parties and the other Contracting Party and both spouses have the same citizenship, the spouses ' personal and property relations 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 citizen and one of them living in the territory of one of the Contracting Parties and the other Contracting Party, then their personal and property relations shall be governed by the national legislation of the Contracting Party in whose territory the spouse is or was the last common place of residence. 4. Matters relating to real estate, which is covered under the legislation of the Contracting Party in whose territory the immovable property. 5. personal and matrimonial property regime is the competent authorities of the Contracting Party whose legislation is applicable under this article points 1-4. Article 27 of the divorce and marriage annulment void 1. Matters of divorce and marriage annulment shall apply its legislation, a Contracting Party whose citizens the spouses were at the time of the application. If the spouses are resident in the territory of the other Contracting Party, the applicable law of the Contracting Party. 2. If the application for divorce or nullity of marriage, at the time one of the spouses is a national of a Contracting Party, the other Contracting Party, then in cases of divorce or nullity of marriage, the applicable law of the Contracting Party, the authority of which the application is made as soon as possible. 3. In cases of divorce and marriage annulment are competent Contracting Party the authorities should apply legislation in accordance with the present article 1.-3. Parent and child rights and responsibilities article 28 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 residing in the territory of the other Contracting Party, the legal relationship between them shall be governed by the legislation of the Contracting Party of which the person is a child. Article 29 of the child out of wedlock, 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 30 things about 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 of which the person is a child. Article 31 to make judgments about article 29 and 30 in the 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 is also the competent Contracting Party pursuant to article 29 and 30. ADOPTION of article 32 was adopted or repealed 1 the adoption, by the adoptive parent's choice for the Contracting Parties, of which the adopter is the application for adoption, or the annulment or revocation of adoption, at the time, or the legislation of the Contracting Party in the territory of which he has a permanent place of residence. 2. If the child is adopted by spouses one of whom is the one, but the other-the other Contracting Party, the citizen, the adoption must comply with the regulations in force in the territory of the Contracting Party of which the person is a child. 3. If the child has one, but adoptive-of the other Contracting Party, then adopted or adoption by removing the child's consent is required, if provided for by the law of the Contracting Party of which the person is a child, and the child's legal representative and the competent authority of the Contracting Party. 4. the competent to decide matters of adoption or cancellation is the authority of the Contracting Party whose legislation is applicable. 5. In the cases provided for in paragraph 2 of this article, the competent authority of the Contracting Party is, of which are children. CUSTODY and the AEGIS of article 33 1. Custody and guardianship or withdrawal of the establishment is in accordance with the legislation of the Contracting Party of which a citizen is a person who is established or revoked custody or guardianship. 2. The legal relationship between the guardian or trustee and the person in the custody or guardianship, shall be governed by the legislation of the Contracting Party whose Office has appointed guardian or protector. 3. the guardian or trustee of a person who is a national of one of the Contracting Parties may be designated by the other Contracting Party, if he resides in the territory of the Contracting Party in which the custody or guardianship should be marketed. Article 34 as otherwise provided 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. Article 35 1. If you need to establish custody or guardianship of citizens of one of the Contracting Parties in the interest of the permanent place of residence, domicile or real 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. 2. in urgent cases the other party's custody and guardianship authorities may independently take appropriate measures in accordance with applicable legislation. In addition, it is obliged to immediately inform the competent authorities. The measures taken to maintain the 34 institutions referred to in article takes a different decision. Article 36 1. guardianship and custody of the competent authority, in accordance with article 34 may transfer guardianship and custody of the other Contracting Party to the relevant authorities if wards or persons under the auspices of the domicile or residence, or real property located in this State. The transfer is effective from the moment when the successor authority has given its consent to the custody or guardianship of, and informed the other Contracting Party, the authority concerned. 2. the authority which, 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 the marriage, if necessary, in accordance with the legislation of the Contracting Party of which the person is in custody or in the custody of the person. PROPERTY relations article 37 property rights 1. Of one of the Contracting Parties, natural or legal persons may have property rights to assets located in the territory of the other Contracting Party, in accordance with its legislation. Real estate law is 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 of the creation or the expiration of the law, the Contracting Party in the territory of which the property was when there was a transaction or some other circumstance, which was the emergence of such a right or extinction. Property rights or other property rights, which have been the subject of the transaction, occurrence, or expiration is determined by the law of the place of transaction if the parties do not provide for different arrangements. Article 38 the transaction form. The transaction, the rights and obligations of the parties. 1. the form of the transaction and the obligations of the parties to the transaction determines the place of conclusion of the law, if the parties do not provide for different arrangements. 2. A transaction related to the buildings or other real estate and rights to the form, determined by the legislation of the Contracting Party in the territory of which such property is situated. 39. Article 1 of the compensation obligation to pay damages, except for obligations arising from the contract or other legal action, determined by the legislation of the Contracting Party in whose territory the activity took place or existed in a different circumstance, which required consideration of injury. 2. If the wrongdoer and the victim is a citizen of one of the Contracting Parties, apply the legislation of the Contracting Party in which the Court is seised. 3. In the cases referred to in paragraph 1 and 2, the competent is the Court of the Contracting Party in whose territory the activity took place or existed in a different circumstance, which required consideration of injury. The victim may also submit an application to the Court of the Contracting Party in whose territory the place of residence of the defendant. Succession of equality article 40 1. nationals of a Contracting Party will be treated as the other contracting party nationals resident in its territory, the right to create or cancel a will on property situated in the territory of the other Contracting Party, the law that there must be disposed of, and the right to acquire heritage property or rights. Property or the right to obtain the same terms as those laid down by each contracting party nationals resident in its territory. 2. the documents which certify the right of succession, including the inheritance certificate or a certificate of execution of the will, which is issued by one of the Contracting Parties, is considered to be the competent authority of this fact approval also in the territory of the other Contracting Party. Article 41 the inheritance rights 1. Movable property inheritance rights determined by the legislation of the Contracting Party in the territory of which the testator was last domiciled. 2. real property inheritance rights determined by the legislation of the Contracting Party in whose territory they are located. Article 42 If a transition State Succession, in accordance with the legislation of the Contracting Party, heritable property to move State property, the real property across the country, of which at the time of death had the testator, but real property over the public property, in the territory of which it is located. 43. Article 1 of the form of the will 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 provisions also apply in the event of the cancellation of the will. 2. the expression of will of the lack of legal consequences, creating or abolishing the probate of the will as well as the nature of the challenge to the legislation of the Contracting Party of which the wills of dialing or cancel the moment had the testator. Article 44 jurisdiction in matters of 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 was last domiciled. 2. If all heritable property immovable located in the territory of the Contracting Party where the testator was the last residence of the legatār, at the request of the heirs or, with the consent of the heirs, all sorts of successions are 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 following article 1.-the provisions of paragraph 3 also apply appropriate inheritance disputes. Article 45 heritage protection measures 1. one of the authorities of the Contracting Party, of 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, as well as to manage these things. 2. the authorities responsible for the protection of the heritage, and citizens of the other Contracting Party of death, is obliged to immediately notify the Contracting Parties of the diplomatic missions or consular authority of the testator's death and for the persons who entered his right to the inheritance of certain circumstances relating to those persons entitled to inherit, on their place of residence, on the existence of a will, the extent and value of the heritage and of the measures What made heritage protection. 3. the law enforcement authorities, which are competent to conduct proceedings in matters of succession, as well as by diplomatic missions or consular authorities proposed the measures taken in accordance with paragraph 1 of this article may be amended, cancelled or suspended. 4. the time limit for the receipt of inheritance, provided for in the legislation of the Contracting Parties, the home of flow is counted from the date of the diplomatic mission or consular authority is notified of the testator's death. 5. the diplomatic mission or consular authority, it is passed to the succession of the deceased and real property. Article 46 will open and read, to read the wills is the competent authority, which sorts of successions in the territory of the Contracting Party where the legacy revealed. If the testator has been in the other party's citizen, then that party will be sent to the competent authority a copy of the will and the Protocol on the opening of the will, and, on request, also the original wills. Will copy may be sent to another body which is competent to take measures for heritage protection. Article 47 the diplomatic mission or consular authorities in the case of succession of the competence of one of the Contracting Parties the diplomatic mission or consular authority competent to represent the citizens of that contracting party interests in matters of succession, including the succession in the event of a dispute (with the exception of the right to waive the inheritance) and to protect the interests of the other Contracting Party, without the express authorisation of the institutions where those citizens not residing in the territory of the other Contracting Party and have not appointed governors. Article 48 If one contracting party nationals dead in the territory of the other Contracting Party, to which he had no permanent place of residence, then held off his property after the list is passed to the State 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 whose residence or abode 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 transferred to heirs if: 1 the testator) any creditors who applied by the Contracting Parties in which the inheritable property, within the law, have been paid or secured; 2) paid or secured all the fees related to the succession; 3 the competent authorities) if required, the permission for export, inheritable property. 4. The amount of money transfer takes place in accordance with the Contracting Parties of the applicable legislation in force. Article 50 the recognition and enforcement of the Contracting Parties shall be recognised and enforced by the authorities of Justice, having been convicted by a judgment in civil (including economic) and family matters and judgments that affect the crime caused the damages. 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. a request for enforcement be submitted to the Court of first instance has given judgment in the case and, if necessary, are 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. 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, as well as a certificate, if the judgment partially completed; 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. 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 on the debtor's request to question him and, if necessary, ask for explanations from the Court that delivered the judgment. 54. Article enforcement procedures shall be governed by the legislation of the Contracting Party in whose territory the enforcement is to take place. 55. article to cover costs related to the enforcement of the judgment, the applicable law of the Contracting Party in whose territory judgment has to be enforced. 56. Article refusal to recognise and execute the Court judgment of court recognition and enforcement of a judgment may be refused: 1) where, in accordance with the Contracting Parties, within the territory of which the judgment was given, it is not the legislation entered into force, or are not subject to execution, except when the judgment is enforceable prior to its entry into the final; 2) if the person who submitted 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; 3) if the same dispute between the same parties in the territory of the Contracting Party, which must take place in the judgment and execution, is given before the entry into force of legal judgment or, if that Contracting Party has previously launched and stopped by the proceedings in the present case; 4) 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 exclusive competence; 5) if the period for enforcement of the judgment. CHAPTER II LEGAL AID AND LEGAL RELATIONS IN CRIMINAL MATTERS. THE PROSECUTION PROCESS. Article 57 the prosecution proceedings and continuing obligation 1. each Contracting Party shall, at the request of the other Contracting Party, in accordance with its legislation, proposes or continue to the other Contracting Party, the prosecution proposed to its citizens, which are suspected of committing a crime in the territory of the other Contracting Party. If the request is made, at the Contracting Party sends the already initiated criminal proceedings, a request by a Contracting Party continues the investigation in this case without re-entering the criminal prosecution. 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. 58. Article requests for the initiation or continuation of a prosecution 1. Request for prosecution or continuation of the proceedings must be drawn up in writing and must specify: 1) authority that sends a request, the name; 2) who constitute the offence composition, description of the crime, which sent a request for the initiation or continuation of a prosecution; 3) more accurate location and time of the offence the instruction; 4) the Contracting Parties which sent the request, the text of the law on the basis that the offence is recognized as 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 instituted on the basis of the application of the victim, and for material damages, if such is the case; 7) news on crime caused material loss. 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, this must be taken into account by article 71 of the Treaty the conditions of paragraph 3. 2. If the person at the time of the request for the initiation or continuation of a prosecution is sent in accordance with article 57, 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. Detained (arrested) people of etapēšan in the territory of the other contracting party sanctioned by the competent authority of the contracting party carrying out supervision over investigation of the case. Article 59 the crimes for which the intended issue 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 prosecution criminally for offences which take place, in accordance with the legislation of both Contracting Parties, to be considered as crimes for which the penalty provided for in the form of deprivation of liberty for a period longer than one year. 3. the issue of the enforcement of the judgment happens if such crimes are sentenced to imprisonment for a period longer than six months, or to some other more serious punishment. Article 60 refusal to issue the extradition does not take place, 1:1), a 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, in accordance with the legislation of both Contracting Parties, is only being privātsūdzīb by the victim; 3) at the time of receipt of the request of the prosecution, in accordance with the Contracting Parties to which the request is transmitted, the legislation may not be brought or the judgment cannot be enforced or other limitation of the term 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 that after verification of the legality of the competent authorities; 5) crimes that sent a request for extradition, the territory of the contracting party to which a request. Refusing to issue, the contracting party to which a request, notify the other Contracting Party of the grounds for refusal. Article 61 If persons suspension of issue about which sent the extradition request, called a criminally or suffer the penalty for other crimes in the territory of the contracting 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. In this case, a request by a Contracting Party in question shall notify the other Contracting Party. Article 62 the Issue If the issue under article 61 of the postponement may lead to prosecution or serious limitation of the period of troubling crime investigation, then, after a reasoned request, the person whose extradition is requested, it can be released to the times on the condition that it be sent back immediately after the procedural steps for the purpose of which it was issued, at the latest within three months from the date of issue. At the request of several countries where for one and the same person's extradition is received from a number of countries, the question of who shall decide on the request of the Contracting Party which received the request, taking into account the severity of the crime and the entry of the order request. Article 64 of the criminal prosecution of the person Issued the boundary 1. Without the Contracting Parties, which issued the person, the consent of that person cannot be held criminally liable or punished for the crimes of others, who had no grounds for extradition. 2. also issued individual cannot be issued on the third country without their consent issued by the Contracting Parties. 3. The Contracting Party's consent is not necessary if the person issued 15 days after the completion of the prosecution, sentence or release any statutory basis is left to the contracting party to which the person is issued, or if the person voluntarily come back there again. This term does not include the time during which the person could not be issued to leave the Contracting Parties to which it was issued, the territory of her circumstances. 65. Article extradition request for extradition Request 1 must be presented in written form and content: 1) authorities, asking for the name of the issue; 2 the actual circumstances of the offence) and the Contracting Parties which sent the request, the text of the law, by which the particular offence is recognized as a crime; 3) picked the person surname and name of its nationality, residence or the place of life, and other news about its personality, as well as, if possible, a description of the person's appearance, photograph and fingerprints; 4) news on crime caused material loss. 2. the request for extradition for the purposes of conducting a criminal prosecution must be accompanied by a certified copy of the decision on arrest. Request for extradition for the enforcement of the judgment must be accompanied by a certified copy of the judgment, with a statement of its entry into force and the criminal law in the legal text on the basis of which the person is convicted. If convicted, the penalty part already done, then add the details about it. Article 66 1. In addition to the news by a Contracting Party may request additional information, if the extradition request is not specified in article 65 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 67. Article 67 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 where, in accordance with the terms of this agreement, extradition is not tolerated. 68. Article Arrest until receipt of the extradition request 1. Urgent cases, a request sent by the Contracting Party, other Contracting Parties may arrest the person well before article 65 is specified in the extradition request is received. The request must include a reference to the decision on arrest 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 or detained without the request referred to in paragraph 1, if there are sufficient grounds to believe that it is in the territory of the other Contracting Party has committed a crime for which the extradition is provided for. 3. the arrest or detention, in accordance with paragraph 1 or 2, or about the causes of refusal must immediately notify the other Contracting Party. 4. a Person who has been arrested in accordance with this article, point 1 or 2 must be released if within 10 days from the date of arrest extradition request has been received. 5. A Person detained in accordance with paragraph 2 of this article, should be released, if a request for the extradition is not received within the time limit of detention provided for in the legislation. 69. 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 of arrest, 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. 70. Article repeated extradition If the person extradited would avoid prosecution or sentence and will return to the territory of the contracting party to which the request is addressed, she, at the request of the requesting contracting party, may be issued, without presentation of this 65 and 66 of the Treaty, the documents mentioned in the article. 71. 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 59, made tools, as well as objects that have the crime trail, or obtained in a criminal way. These items are passed to the receipt of a request and in cases where extradition is not possible. Following the completion of the investigation, these items, and it transferred at the request of a Contracting Party, it is passed back. 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. 72. Article Tranzītpārvadāšan 1. Each of the Contracting Parties, at the request of 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 are designed, sent and dealt with 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. Article 73 expenditure related to extradition and tranzītpārvadāšan expenses, which arose due to the person in respect of which the extradition request is received, the detention, arrest, her arrival picking location, including the costs of tranzītpārvadāšan, the subject of a transfer request shall be borne by the receiving Contracting Party. Article 74 contracting parties participate in the provision of legal aid in criminal matters 1. representatives of one of the contracting parties can participate in the other party's request for legal assistance in criminal matters. 2. Investigating the crime with transnational nature, can be created for common group for the coordination of investigations. 75. article details of criminal convictions, the Contracting Parties shall provide each other on request the particulars of the person's previous convictions, where such persons are held criminally request sent in the territory of that Contracting Party. 76. Article news about the results of the prosecution the Contracting Parties shall notify each other of those persons in respect of whom had sent a request for the initiation or continuation of a prosecution, the prosecution, as well as on the results of the criminal investigation concerning persons issued. After the request is sent to force the judgment was entered, or other document on the results of the criminal investigation. Article 77 notification of judgment, the 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. 78. Article attenuating or aggravating circumstances in each of the Contracting Parties, by investigating crimes by criminal courts and take into account in its legislation the proposed mitigating or aggravating circumstances, regardless of the territory of the Contracting Party of which they are incurred. Chapter III final provisions article 79 this Treaty shall be subject to ratification. 80. Article 1 this Agreement shall enter into force 30 days after the exchange of instruments of ratification, which will occur in the ____ ___ _____ ___. 2. this agreement is concluded for an indefinite period and will lose his power six months after one of the Contracting Parties through diplomatic channels will be sent a written notice of its termination. Contract concluded in 1994 in Minsk on February 21, two copies, each in the Latvian and Belarusian languages, both texts being equally valid.
On behalf of the Republic of Latvia, the Republic of Belarus