Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4556.html
Law No. 4556:4.4.2000 article 1. — May 22, 1996 in Ankara "the Republic of Turkey and the Republic of Moldova is programmed with the commercial and Legal Issues between the Judicial Assistance Agreement" to be approved. Article 2. — This Act shall become effective the date of promulgation. Article 3. — The provisions of this law, the Council of Ministers.
BETWEEN the REPUBLIC of TURKEY and the REPUBLIC OF MOLDOVA, the LEGAL, COMMERCIAL and is PROGRAMMED with the Republic of Turkey and the Republic of Moldova MATTERS JUDICIAL ASSISTANCE AGREEMENT (hereinafter referred to as "Âkit parties" as anılacaklardır) between the two countries, mutual respect for sovereignty rights, based on the principles of equality and mutual benefit, with the desire to develop cooperation in the field of judicial, Legal, Commercial and Judicial Assistance Agreement are agreed Matters is programmed with akdolunmasını.
For this purpose Âkit the parties agree that the following issues have been agreed upon. Part I GENERAL PROVISIONS article 1 LEGAL MÜZAHARET Âkit Party Âkit any other nationalities, the country Party Âkit Party müzaharetten the same legal advantages provided by its own citizens, the legal, commercial and other matters Âkit Party is programmed with the judicial authorities, that party is subject to the same conditions of citizens to litigate or be eligible to apply. Article 2 LEGAL ASSISTANCE CHANNELS both Âkit Parties, 11 code to send each other free legal aid prompts for Justice will appoint Bakanlıklarını. Âkit in the implementation of this agreement the parties authorities communicate the diplomatic channel.
Article 3 LANGUAGES 1. Search in both Central Authorities Âkit Party correspondence, English translation to be included in their own language.
2. Judicial documents and rogatory to their attachments, request for qurban meats to the Âkit Party will be held in the official language and the official language or the current demands made to English Âkit Party-approved translations will be added. All of these will be two copies of the documents.
Article 4 LEGAL AID EXPENSES both Âkit Parties leading to the free legal aid demands under this agreement, excluding free expert witnesses, instead of for free. Expert witness fees, according to the rules of law and the current request Âkit Party will be determined. Article 5 LEGAL AID DISCLAIMER of Âkit of a CASE if either party legal aid demand the fulfillment of its sovereignty, security or public order is contrary to the other Âkit Party to reject the request for judicial assistance. In contrast, Âkit will advise the other grounds Over the red. Article 6 LEGAL YARDIMLAŞMADA ONE APPROACH the LAW Âkit Parties, the demand for judicial assistance in the fulfillment of their own context. At the request of the party's demands, other Âkit Party not being in violation of the principles of its own basic law, it may apply the provisions of the Âkit Party request procedures. RULES are an EXCHANGE of INFORMATION under article 7, LAW and Âkit the parties, upon request, on or before their States currently in effect in the law and rules, they are going to give each other information on the application of the courthouse. Article 8 EXEMPTION FROM APPROVAL before the judicial authorities of the other Âkit Party Âkit, to be used in the judicial authorities have been granted by one issued or approved documents, signed and official seal sealed as long as they are will not be subject to the certification process.
Article 9 the POWER of PROOF DOCUMENTS either party organized by the official organs of the Âkit documents, other Âkit will be the same in the other party country has the power to prove it.
The implementation of this Agreement shall BE RESOLVED in article 10 to BEAT or comment regarding this resolves the resulting difficulties in the diplomatic way.
Article 11 DIPLOMATIC REPRESENTATIVES or CONSULAR NOTIFICATION through the MAKING and other Âkit Party Âkit Party supply all EVIDENCE, located in the country's citizens, without violating the laws and other Âkit Party without diplomatic representation or Consulate no coercive measures through notification and can supply evidence of them. PART II the LEGAL and COMMERCIAL MATTERS JUDICIAL ASSISTANCE part 1 article 12 JUDICIAL OBLIGATION UPON both the FRAMEWORK Âkit in accordance with this agreement, the parties, in relation to each other the following legal aid demands. 1. No Other suppliers located in the other party country Âkit, legal documents and notifications, 2. The availability of evidence by rogatory to 3. Recognition and enforcement of judgments of the Court and arbitration, 4. This agreement stipulated in other benefits.
Article 13 REQUEST for JUDICIAL ASSISTANCE 1. Legal aid will be made by issuing documents rogatory to a reference. Rogatory to documents will include the following points.
a supplicant and request the referenced authorities) names, b) a brief summary of the nature of the case and the event will be asked questions desired rest with the parties, the name of the parties or their attorneys Case c), gender, age, nationality, profession, place of residence of their legal status in the case or with or hükmî parties administrative centers, d) there's judicial processes, e) the names and addresses of the desired one to rest, f) Inspection requested documents or other items is necessary for the fulfillment of the g) Demand other documents.
2. The above-mentioned document and attached documents, rogatory to the authorities demand by signature and mühürlenecektir.
Article 14 EXEMPTION FROM PAYMENT of COLLATERAL for the COSTS OF LITIGATION Âkit Âkit Party granted by one of the other nationality appeared before judicial authorities, other foreign-only or in a country of habitual residence or domicile Âkit party's lawsuit charges because of a lack of collateral for stock and/or acts will not be prompted to be given. The same rule, references to judicial authorities, which is necessary for any other payment terms will be used.
Article 15 the TRIAL EXPENSES PAY UPFRONT for Âkit Âkit-party granted by one of the country's citizens, other advance that party's litigation expenses for citizens will pay the same conditions and scope.
Article 16 HÜKMÎ PERSONS 1. the provisions of items 14 and 15, Âkit either party in accordance with the laws and rules of each of the established statement of about hükmî individuals. Article 17 JUDICIAL MÜZAHERET and Âkit MASRAFLARINDAN CASE EXEMPTION granted by one party in the territory of the other citizens of the Âkit Party, as it was applied to the citizens of this Âkit Party, are exempt or judicial litigation müzaharet can I apply for a request. Request for exemption or judicial litigation costs müzaharet case, seated in place of the applicant or the place where such competent authority will give you a document to it. The apply in the territory of one of the parties or other Âkit sitting or if you can not find the Centre, such as the diplomatic representative of his country or the document itself can only be issued by the Consulate. Part 2 TEBİLİĞİ and EVIDENCE of DOCUMENTS SUPPLY article 18 SCOPE of Âkit Parties, upon request, further information and evidence to be mutually obliged to documents will be notified.
1. notification of documents; judicial or non-judicial means of notification document.
2. provision of Evidence by the parties, witnesses and experts with the statements from the legal and commercial litigation concerning preparation of the collection of evidence and expert report with judicial investigation. Article 19 DEMANDS FULFILLMENT 1. Request to fulfill the demand of the current authorities, see himself if authorized, such request, it forwards the request to the competent authority to fulfil its Âkit Side keyfiyetten and keep current. 2. Either party to request the referenced Âkit competent authorities, due to the addresses specified in the request the request for rogatory to accomplish if they don't, it's going to take the appropriate measures to address and fulfill the demand. This authority, if necessary, can request supplementary information From the referenced request Âkit. 3. Request the referenced Âkit Party, the address is unfit or another reason fails to comply the request due to their reasons as supplicant and the Âkit Side will return all of the documents in question. Article 20 NOTIFICATION of CLAIMS RATHER THAN FETCHED 1. A Âkit Party request referenced authorities, have been fulfilled in writing, 2nd item is to notify the designated channel request Âkit Side. This statement will be added to the minutes of evidence material collected or communicated.
2. the minutes of the acceptor's signature and notification of the date of notification, the notification authority shall be submitted and who made the notification officer signature and seal, the objections that the shape and location, tebellüğ rejected, will contain a large number of reasons acceptance of acceptor. RECOGNITION and ENFORCEMENT of DECISIONS section 3 article 21 SCOPE of APPLICATION 1. A Âkit Party Âkit Party given in the other country;
a) Legal and commercial issues court decisions;
b) for imperative given the court decisions in matters regarding is programmed with, c) the organs of the referee decisions, under the circumstances specified in this agreement, you will recognize in his own country and enforcement.
2. This agreement referred to "decisions", given by the courts, including magistrate's decisions.
Article 22 RECOGNIZING and TENFİZE RELATED ROGATORY to DOCUMENTS 1. Recognition of decisions and documents, rogatory to a Âkit Party for court tenfizine by other Âkit Party will be sent to the specified item is 2 way, to court.
2. they will be added to the following documents: a rogatory to) the decision on the validity of the decision and an instance of fidelity can be executed if the person of the decision, understood, this sample will be included in a document to be issued by the competent authority.
do not come to court and lost the case side b), had been duly invited to court and legal incompetence in court represented by buyer as required in a document, c) recognition and enforcement of judgment Arbitration case, a request for arbitration is an instance of the arbitration agreement that represents the authority.
Article 23 the RECOGNITION and REJECTION of 21 TENFİZİN item is to be specified in the decision or request the referenced the REF decisions, courts, in the following cases shall not be beyond recognition or enforcement: 1. The Court or referee decisions according to the legislation the request if the finalization or Âkit Party Chief Executive ability is not conferred, 2. Request according to the legislation, the current Âkit Party Âkit party's judicial authorities found demand authority to look at not the case addediliyorsa, 3. procure Decisions concerned according to the laws of Âkit Party , does not participate in the case to judge losing party, duly invited to judge or if or deprived of the right to legal defense in the event of ehliyetsizliği itself duly represented as the 4. Âkit referenced Party courts or arbitration authorities request are the same between the parties to a case opened on the same topic as if they or the final decision in such a case is a third State about the same dispute or by the given final decision tanımışlarsa.
Article 24 RECOGNITION and ENFORCEMENT PROCEDURES 1. Recognition and enforcement of decisions, in accordance with their own national law Âkit referenced Party request procedure will be decided according to the.
2. the provisions of this agreement, the current court Request, only instead of the terms specified in examining whether he'il accept it.
Article 25 RECOGNITION and TENFİZİN EFFECT Âkit if either party has been granted judicial authorities of decisions, has been recognized by the Court or other Âkit Party after enforcement, this is the last one that has been granted in accordance with the decisions by the party has the same effect as is would be conferred.
Article 26 RECOGNITION and ENFORCEMENT of JUDGEMENTS the REFEREE Referee decisions, other conditions specified in this part in addition to the 3rd section, contains one of the following conditions, will be recognized and will be enforcement.
1. Request according to the laws of Âkit Party referenced, non-contractual or contract decision referees trade disputes have been given about the scope of the decisions of the referee;
2. a specific conflict or a special ruling from future legal relationship in relation to the case, the authority of the arbitration between the parties authorities pursuant to a written agreement that has been granted and the decision of the arbitration in question above also arbitration authority by the authority within the framework of the agreement procured organization means more strength, 3. Âkit referenced Party request according to the laws of the recognition of a referee authority the agreement is valid.
Maddde REMOVAL and TRANSFER of MONEY OUT of the COUNTRY STUFF on 27 PRECIOUS this agreement Âkit Parties tenfizine provisions of decisions, money transfer and removal of valuables out of the country and will not violate the relevant laws and rules.
Article 28 MUTUAL ASSISTANCE is PROGRAMMED with the ISSUES PART III scope 1. Âkit the parties request, the supplicant Âkit Party be punished in order to help judicial authorities in the investigations into the accident authority the provisions hereof, as to each other the widest judicial mutual assistance undertake to be found.
2. Is programmed with the issues involved, the preliminary investigation and judicial assistance, the last investigation-related operations, the fulfillment of the accused, witness and expert witness testimony of the illegitimate money searching and case documents, and delivery of documents and decisions are communicated with and other issues. Article 29 is PROGRAMMED with the REFUSAL of JUDICIAL ASSISTANCE presented to MATTERS stipulated in this agreement, except for reason 5, help, be denied in cases specified below: 1. assert the claim is related to crime, political crime or Âkit referenced Party, murtabit, a military crime or a crime just because a addediliyorsa, 2. Request to the specified verb, the request does not constitute a Âkit party's legislation.
Article 30 REGARDING JUDICIAL ASSISTANCE ROGATORY to DOCUMENTS 1. Legal documents will contain the following points concerning rogatory to help: a) the authorities Demand;
the reason is that Demand and b);
c) if possible, the identity, nationality and address of anyone associated with other information on the subject;
d a request for Judicial documents communiqué) case, the nature of the documents that constitute the subject of the notice, including information related to the identity and address of the acceptor or other useful information the identity and address of the instruction of the survey. 2. Rogatory to documents, also owned the crime attributed to and in fact will contain a brief summary of the.
Article 31 NOTIFICATION of RESULTS and FULFILLMENT of CLAIMS this agreement the provisions of Items 19 and 20th also is programmed with the issues.
Article 32 ROGATORY to DOCUMENTS 1. Âkit-party Âkit-party referenced request, request the judicial authorities sent a is programmed with the relevant and fall within the scope of article 28, rogatory to demands, as stipulated in its own laws in order.
2. Request the desired records and documents referenced Âkit Party, as a matter of fact, you can send the appropriate approved instances or photocopying. But to be sent directly to the principal of the Âkit Party request their demand overt request referenced Âkit Party, to the extent possible, this demand, we will strive to fulfil. 3. the information given, only the Âkit Demand side judicial authority will be used for purposes related to the claim.
Article 33 RETURN of EVIDENCE 1. Âkit referenced Party request, the desired goods, giving them records or documents required for criminal cases that are seen, can delay. 2. don't give up on the current Âkit party Request, submitted for rogatory to goods, records or documents are originals, the Âkit Party request as soon as possible in other Âkit Way will be refunded. Article 34 SUBPOENA WITNESSES and EXPERTS 1. Âkit-party supplicant, a witness or an expert witness to come in person to the front of their judicial authorities of important added, this will indicate about the invitation request notification and request the referenced Âkit-party witness or a person concerned judicial authorities will invite you to go in front. 2. the notification of the invitation requests a hearing, the judicial authorities concerned to get in front of at least two months before the date on which the request will be forwarded to the current Âkit Side.
3. Request the witness or expert witness statements Âkit referenced Party, will forward the request to Âkit Side. This item must be foreseen in the 1st case, request or invitation, with the estimated allowance to be paid travelling expenses and subsistence expenses will be shown on the display.
Article 35 the WITNESS and EXPERT WITNESS FEES and request to be given a witness or an expert the Âkit Party of rationing, including price and expenses, calculated from the residence over the people who are free and at least will be taken from the country of the statement in effect tariffs will be equal to the projected quantities in the guidelines. Article 36 PROTECTION of WITNESSES and EXPERT 1. Upon request an invitation, no matter which uyruklukta the Âkit the judicial authorities by the party in front of a witness or expert witness, introduction to the country the request Âkit Party is due to a crime committed before the testimony of an expert witness, or declaration or cannot be prosecuted, deprived of personal freedom stipulates or cannot be in any way. 2. foreseen in Item 1 of This immunity, such person is a common Party Âkit Party supplicant authorities does not need to be notified of the presence in the country following the end of the 15 days, terketmezse, the aforementioned country ends. However, such a person, for reasons that are not in the hands of your own supplicant Âkit terkedemediği while the other party country, this immunity will be involved in the process. 3. Şahadette or experts to be invited will anyone any coercive measures.
Article 37 FILING to the REST of the PRISONER either party Âkit Âkit party's judicial authorities, other countries in custody anyone's testimony to be taken if necessary, Central Authorities specified in this agreement is presented to the person under arrest 2nd, detention of and after testifying as soon as possible, refund, transfer the request to the other party country Âkit can reach an agreement. Article 38
ILLEGITIMATE MONEY and YOUR THINGS are TRANSPLANT 1. A Âkit Party, at the request of other Âkit Party, as a result of offences committed in the territory of that party, and in his own country the illegitimate money and belongings seized supplicant Âkit Way nakledecektir. However, this posting request to Âkit Party or third parties referenced, the above-mentioned money or goods will not infringe the legal rights. 2. Request the referenced Âkit are seen in the other country, for criminal cases, if deemed necessary, the foregoing may delay the delivery of goods and money. Article 39 INVESTIGATIONS TRANSFERRED 1. Âkit the parties agree that, upon request, in the land of the Âkit Party demands committed crimes against citizens, within the framework of their legislation, are obliged to criminal prosecution.
2. The investigation transferred to the material elements of the demand for events related to the current findings will be included in the documents.
3. Request that the result of the investigation, the referenced Âkit Party Âkit is programmed with the supplicant will notify and given Over, the final decision will send an instance of. Article 40 JUDICIAL REGISTER RECORDS and CRIMINAL DECISION NOTIFICATION 1. Is programmed with the investigations needed to request the legal authorities requested judicial Âkit Party and register summaries and related information, request the referenced Âkit in cases like his own judicial authorities by the party in the section will be sent the request to the extent that the Âkit Side.
2. This could have been foreseen in Item 1 all, except those of the demands, demands within the framework of the implementation of the current legislation or Âkit Party.
3. Âkit Party Âkit Party Each other all about their nationality is programmed with the conviction, at least once a year, the decisions that result in Âkit Way. PART IV FINAL PROVISIONS Article 41 entry into force of this agreement ENTERING into FORCE, the CHECK and depends on the approval. Certification will be '' in Ankara. This agreement followed the ratification of 30 of the bedrock, the Convention shall enter into force at the end of the day.
Article 42 to MAKE CHANGES to this Agreement shall, upon the request of any of the parties Âkit, followed in the same procedures can be modified.
Article 43 this agreement, each of the parties a written termination notice Âkit found in the diplomatic way date will remain in effect for a period of six months starting from the day. Otherwise, this Agreement shall remain valid.
Turkish, Moldavca and three copies of the English language in all texts in the same way, to be effective in dispute the English text shall prevail. The provisions above tasdiken, Âkit the parties sign this agreement fully authorised representatives.
On Behalf Of The Republic Of Moldova On Behalf Of The Republic Of Turkey
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