On The Ratification Of The European Convention On Mutual Legal Assistance In Criminal Matters And Its Additional Protocol

Original Language Title: О ратификации Европейской конвенции о взаимной правовой помощи по уголовным делам и Дополнительного протокола к ней

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102062483

RUSSIAN FEDERATION federal law on ratification of the European Convention on mutual legal assistance in criminal matters and its additional protocol adopted by the State Duma on October 1, 1999 the year approved by the Federation Council October 13, 1999 year Article 1. Ratify the European Convention on mutual legal assistance in criminal matters from April 20, 1959 year, signed on behalf of the Russian Federation in Strasbourg November 7, 1996 year (hereinafter referred to as the Convention), with the following reservations: 1) "Russian Federation, in accordance with paragraph 1 of article 23 of the Convention States that in addition to the grounds provided for in article 2 of the Convention, legal aid may also be refused in any of the following cases : a) if the person in the requesting State is suspected or accused of committing an offence, is under trial or convicted or acquitted of that offence in relation to the Russian Federation or in a third State or in respect of that person in the Russian Federation or in a third State decided to dismiss or terminate the proceedings in respect of which a request for legal assistance;
b) if prosecution or the execution of the judgement in the impossible due to lapse in accordance with the legislation of the Russian Federation. ";
2) "Russian Federation, in accordance with article 3 of the Convention reserves the right to refuse execution of the order on the receipt of evidence, if the persons concerned have taken advantage given to them by the legislation of the Russian Federation the right to refuse to testify or in this case.";
3) "Russian Federation, in accordance with article 5 of the Convention reserves the right to execute orders to carry out the search or seizure of property only under the conditions provided for in subparagraphs a, b and c of paragraph 1 of this article of the Convention.";
4) "Russian Federation, in accordance with article 7 of the Convention affirms the need for service transport order subpoenas person not less than 50 days before the date fixed for the attendance of the person.";
5) "Russian Federation, in accordance with article 11 of the Convention States that in the request for the temporary transfer of detained persons for questioning as a witness or for confrontation, the competent authorities of the requesting State shall provide the following information: a) the name and last name of the person and, if possible, the place of his detention;
b) a brief description of the crime, the time and place of its Commission;
in circumstances to be clarified) questioning or confrontation;
g) the time within which the person must be present in the requesting State. ";
6) "the Russian Federation declares that permission for the transit of a person in custody pursuant to paragraph 2 of article 11 of the Convention is requested in the Office of the Prosecutor General of the Russian Federation.";
7) "Russian Federation pursuant to paragraph 6 of article 15 of the Convention States that the provision of legal assistance in accordance with articles 3, 4 and 5 of the Convention with the designated authorities of the Contracting Parties shall communicate the Supreme Court of the Russian Federation on the judicial work of the Supreme Court of the Russian Federation and the Ministry of Justice of the Russian Federation on issues related to the work of other vessels;
The Ministry of Internal Affairs of the Russian Federation in respect of orders that do not require the authorization of a judge or Prosecutor, related to the conduct of initial inquiries and pre-trial investigations in cases involving crimes within the competence of the organs of Internal Affairs of the Russian Federation;
Federal Security Service of the Russian Federation in respect of orders that do not require the authorization of a judge or Prosecutor, related to the conduct of initial inquiries and pre-trial investigations in cases involving crimes within the competence of the organs of the Federal Security Service;
Federal service of tax police of the Russian Federation in respect of orders that do not require the authorization of a judge or Prosecutor, related to the conduct of initial inquiries and pre-trial investigations in cases involving crimes within the competence of the federal tax police bodies;
The General Prosecutor of the Russian Federation-in all other cases, the conduct of initial inquiries and pre-trial investigations.
In cases of urgent cases, requests may be sent directly by the judicial authorities of the requesting State to the judicial authorities of the Russian Federation, as set out in the reservation with regard to article 24 of the Convention. A copy of the orders simultaneously is passed to the appropriate central authority.
Requests provided for in paragraph 2 of article 13 of the Convention shall be communicated to the Ministry of Justice of the Russian Federation or the Office of the Prosecutor General of the Russian Federation.
The Supreme Court of the Russian Federation and the Office of the Prosecutor General of the Russian Federation at the request of the institution from which it emanates order on legal assistance, consider the possibility of applying in the execution order of procedural legislation of the requesting foreign State if it does not contradict the legislation of the Russian Federation. ";

8) "the Russian Federation declares that under the Russian Federation in accordance with paragraph 2 of article 16 of the Convention, requests for legal assistance and the annexed materials must be accompanied by translations into Russian language.";
9) "the Russian Federation declares that informing the Russian Federation in accordance with article 22 of the Convention, the other Contracting Parties on measures that followed the conviction of their citizens, will be carried out on the basis of reciprocity, and only in respect of information recognized official in accordance with the legislation of the Russian Federation.";
10) "the Russian Federation declares that for the purposes of this Convention, as set out in article 24 of the Convention, as the judiciary in Russian Federation dealt with courts and prosecutors, as well as with the following statements: 1)" Russian Federation proceeds from the understanding that the provisions of article 2 of the Convention should be applied in such a way as to ensure the inevitability of responsibility for offences covered by the Convention. ";
2) "Russian Federation proceeds from the understanding that the legislation of the Russian Federation does not contain the concept of" political offences ". In all cases when deciding on legal assistance Russian Federation will not be regarded as "political crimes" or "crimes related to political crimes", in particular, the following conduct: and) crimes against humanity provided for in articles II and III of the Convention on the prevention and punishment of the crime of genocide (1948), articles II and III of the Convention on the Suppression and punishment of the crime of apartheid (1973) and articles 1 and 4 the Convention against torture and other cruel , inhuman or degrading treatment or punishment (1984);
b) the offences referred to in article 50 of the Geneva Convention relative to the amelioration of the condition of the wounded and sick in armed forces in the field (1949), article 51 of the Geneva Convention for the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea (1949), article 130 of the Geneva Convention relative to the treatment of prisoners of war (1949), article 147 of the Geneva Convention relative to the protection of civilian persons in time of war (1949 years) Article 85 of additional Protocol I to the Geneva Conventions of August 12, 1949 years, relating to the protection of victims of international armed conflicts (1977), and articles 1 and 4 of the additional Protocol II to the Geneva Conventions of August 12, 1949 years, relating to the protection of victims of non-international armed conflicts (1977);
in) the offences provided for in the Convention for the Suppression of unlawful seizure of aircraft (1970), the Convention for the Suppression of unlawful acts against the safety of civil aviation (1971) and the Protocol for the Suppression of unlawful acts of violence at airports serving international civil aviation (1988), supplementary to the Convention of the year 1971;
g) the crimes set forth in the Convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents (1973);
d) the crimes set forth in the International Convention against the taking of hostages (1979);
(e)) the offences provided for in the Convention on the physical protection of nuclear material (1980);
f) offences provided for in the United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances (1988);
w) other comparable offences under multilateral international treaties to which the Russian Federation. "
Article 2. To ratify the additional protocol of March 17, 1978 onwards to the European Convention on mutual assistance in criminal matters from April 20, 1959 year, signed on behalf of the Russian Federation in Strasbourg November 7, 1996 year.
Article 3. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow October 25, 1999 N 193-FZ