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

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RUSSIAN FEDERATION FEDERAL LAW About the ratification of the European Convention on Mutual Legal Assistance in Criminal Matters and its Additional Protocol Accepted State Duma 1 October 1999 Approved by the Federation Council on 13 October 1999 Article 1. Ratify the European Convention on Mutual Legal Assistance in Criminal Matters of 20 April 1959, signed on behalf of the Russian Federation in Strasbourg on 7 November 1996 (hereinafter referred to as the Convention), with the following reservations: 1) " The Russian Federation declares, in accordance with article 23, paragraph 1, of the Convention, that in addition to the grounds provided for in article 2 of the Convention, legal aid may also be refused in one of the following cases: (a) if person who is suspected or accused of committing in the requesting State The offence is either in court or has been convicted or acquitted in connection with this offence in the Russian Federation or in a third State, or in respect of that person in the Russian Federation or in a third State in the initiation or termination of proceedings in a case concerning which a request for legal assistance has been made; b) if the prosecution or execution of the judgement in the case is not possible due to the statute of limitations Russian Federation. "; 2)" Russian Federation in accordance with Article 3 of the Convention reserves the right to refuse to give testimony if the persons concerned have availed themselves of the right to refuse to give evidence to the Russian Federation In general or in this case. "; (3)" The Russian Federation reserves the right, in accordance with article 5 of the Convention, to execute instructions to search or seize property only if the conditions laid down in the Convention are complied with. "(a)", "b" and "c" of paragraph 1 of the said article of the Convention. "; 4) "The Russian Federation declares, in accordance with article 7 of the Convention, the need to hand over the service of the summons to appear at least 50 days prior to the fixed date of the appearance of the person."; 5) " Russian Federation in accordance with Article 11 of the Convention states that in a request for the temporary transfer of a detainee for interrogation as a witness or for confrontation, the competent authorities of the requesting State should indicate: a) the name and Name of the person and, if possible, place of detention; b) a brief description of the offence, the time and place of its occurrence; in the circumstances to be ascertained in the interrogation or confrontation; g) the time during which the presence of the person in the requesting State is required. "; 6) "The Russian Federation declares that the authorization for the transit of a person in custody pursuant to article 11, paragraph 2, of the Convention is requested in the Office of the Procurator-General of the Russian Federation."; 7) " Russian Federation The Federation declares, in accordance with article 15, paragraph 6, of the Convention, that Provision of legal assistance pursuant to Articles 3, 4 and 5 of the Convention with the designated authorities of the Contracting Parties: Supreme Court of the Russian Federation on the judicial activities of the Supreme Court of the Russian Federation; and OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the preliminary investigation of crimes under the jurisdiction of OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Federal Tax Police Service of the Russian Federation, in respect of instructions not requiring authorization by a judge or prosecutor for conducting an inquiry, or of the preliminary investigation into the offences relating to The competence of the federal tax police authorities; the Office of the Procurator-General of the Russian Federation-in all other cases of inquiry and preliminary investigation. In cases of urgency, requests may be sent directly by the judicial authorities of the requesting State to the judicial authorities of the Russian Federation, as defined in the reservation to article 24 of the Convention. A copy of the assignment shall be transmitted simultaneously to the competent central authority. Requests under article 13, paragraph 2, of the Convention are referred to the Ministry of Justice of the Russian Federation or to the Office of the Procurator-General of the Russian Federation. The Supreme Court of the Russian Federation and the Office of the Procurator-General of the Russian Federation, at the request of the institution on which the request for legal assistance is issued, shall decide on the possibility of application in the execution of the order of OF THE PRESIDENT OF THE RUSSIAN FEDERATION, if it does not contradict the legislation of the Russian Federation. "; 8)" The Russian Federation declares that it is referred to the Russian Federation in accordance with article 16, paragraph 2 Convention requests for legal assistance and related materials Russian Federation to inform the Russian Federation, in accordance with article 22 of the Convention of the other Contracting Parties, of measures that have resulted in the conviction of their nationals, shall be exercised on the basis of reciprocity and only with respect to the information recognized by the law of the Russian Federation. "; 10)" The Russian Federation declares that for the purposes of this Convention, article 24 of the Convention, as the judiciary in the Russian Federation " The Russian Federation understands that the provisions of article 2 of the Convention should be applied in such a way as to ensure that The inevitability of liability for the commission of offences under the Convention. "; (2)" The Russian Federation understands that Russian legislation does not contain the notion of "political crimes". In all cases, the Russian Federation will not consider the provision of legal assistance as "political crimes" or "political crimes", in particular, the following acts: (a) Crimes against humanity under 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 of the Convention against Torture and Other Cruel, Inhuman or Degrading The dignity of types of treatment and punishment (1984); (b) crimes provided for in article 50 of the Geneva Convention for the Ameliation of the Condition of the Wounded and Sick in Armed Forces in the Field (1949), article 51 of the Geneva Convention for the Ameliation of the Condition of the Wounded injured, sick and shipwrecks from the 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), article 85 of Additional Protocol I to the Geneva Conventions August 1949, relating to the protection of victims of international armed conflicts (1977) and articles 1 and 4 of Additional Protocol II to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts the offences set forth 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 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Diplomatic Agents (1973); (d) crimes provided for in the International Convention against the Taking of Hostages (1979); e) offences set out in the Convention on the Physical Protection of Nuclear Material (1980); United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988); the Russian Federation. ". Article 2. Ratify the Additional Protocol of 17 March 1978 to the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, signed on behalf of the Russian Federation The Federation in Strasbourg, 7 November 1996. Article 3. This law shall enter into force on the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 25 October 1999 N 193-FZ