Communication from the Ministry of Foreign Affairs No. 102 / 2025 Coll.
Communication from the Ministry of Foreign Affairs on the Treaty between the Government of the Czech Republic and the Cabinet of Ministers of Ukraine on cooperation in combating crime and maintaining public order and security
Valid
Effective from 01.04.2025
102
COMMUNICATION
Ministry of Foreign Affairs
on the negotiation of the Treaty between the Government of the Czech Republic and the Cabinet of Ministers of Ukraine on cooperation in combating crime and maintaining public order and security
The Ministry of Foreign Affairs announces that on 16 July 2024 a Treaty was signed in Prague between the Government of the Czech Republic and the Cabinet of Ministers of Ukraine on cooperation in combating crime and maintaining public order and security.
The Parliament of the Czech Republic agreed to the Treaty and the President of the Republic ratified the Treaty.
The Treaty entered into force on 1 April 2025 on the basis of Article 24 of the Agreement between the Government of the Czech Republic and the Government of Ukraine on cooperation in the fight against organised crime, terrorism and illicit trafficking in narcotic drugs (1), signed in Kiev on 30 June 1997, Protocol between the Ministry of the Interior of the Czech Republic and the Ministry of Interior of Ukraine on the implementation of the Agreement between the Government of the Czech Republic and the Government of Ukraine on cooperation in the fight against organised crime and the Ministry of Interior of Ukraine on 30 June 19973), amending the Protocol between the Ministry of the Interior of the Czech Republic and the Ministry of Interior of Ukraine on the implementation of the Agreement between the Government of the Czech Republic of the Czech Republic and the Government of Ukraine on 5 November 1999 on the implementation of the Agreement between the Agreement between the Government of the Government of the Government of the Government of the Republic of Ukraine on cooperation in the fight against organised crime, terrorism, terrorism and the illicit trafficking of 30 June 19973).
The Czech version of the Treaty and the English text which is relevant for its interpretation are hereby published simultaneously.
Minister:
z. JUDr. Smolek, Ph.D., LL.M., v. r.
Head of Legal and Consular Section
Příloha č. 1
Annex No 1
Text of the international treaty in Czech language
S M L O U V A
between the Government of the Czech Republic and the Cabinet of Ministers of Ukraine
on cooperation in combating crime and maintaining public order and security
Government of the Czech Republic and Cabinet of Ministers of Ukraine ("the Parties'),
with the intention of strengthening and further developing friendly relations between the States of the Parties and of deepening the cooperation of the authorities responsible for combating crime,
respecting the sovereignty, independence, equality and territorial integrity of the States of the Parties and the principle of non-interference in the internal affairs of the States of the Parties,
to effectively counter the spread of transnational organised crime and terrorism,
having regard to the United Nations Convention against Illicit Trade in Narcotic Drugs and Psychotropic Substances of 20 December 1988, the United Nations Convention against Transnational Organised Crime of 15 November 2000 and its Protocols and the United Nations Convention against Corruption of 31 October 2003,
awareness of security risks related to the phenomenon of illegal migration,
convinced that international cooperation in the fight against crime is essential and wishing to simplify and streamline cooperation;
Recognising the need to protect the fundamental rights and freedoms of persons who can be restricted only in a way that is necessary and proportionate in a democratic society,
managers with their international obligations and national legislation,
agree as follows:
Subject matter
Article 1
1. The purpose of this Treaty is to deepen and strengthen cooperation in the fight against crime, including the prevention, detection and repression of criminal offences, the detection of persons who have committed crimes, and cooperation in maintaining public order and security and in combating illegal migration.
The Contracting Parties shall cooperate in other areas covered by this Treaty.
3. This Treaty shall not apply to cooperation in the field of international legal assistance in criminal matters.
Article 2
Cooperation in the fight against crime under this Treaty shall apply to all infringements which are considered to be offences under the national law of both Parties or under the national law of the requesting Contracting Parties.
Forms of cooperation
Article 3
1. The Contracting Parties shall communicate by diplomatic means at the latest on the date of entry into force of this Treaty which authorities are competent to cooperate under this Treaty (hereinafter referred to as the competent authorities). At the same time, they shall communicate their contact addresses, telephone and fax numbers or other contact details. The Contracting Parties shall, without undue delay, inform each other of any changes affecting the authorities responsible for cooperation under this Treaty.
2. The competent authorities of the Contracting Parties shall immediately inform each other of any changes to the information communicated pursuant to paragraph 1 of this Article, second sentence.
Article 4
1. Cooperation under this Treaty shall be provided on request, unless otherwise provided for in this Treaty. A request for information, means, action or other form of cooperation under this Treaty shall be made in writing. A request made by fax, e-mail or other means of electronic communication shall be deemed to have been made in writing. In the case of the transfer of personal data, a secure means of transmission shall be chosen, including Interpol or Europol channels. In urgent cases, the application may also be lodged orally with a subsequent written confirmation without delay.
2. The request referred to in paragraph 1 shall be met by the competent authority of the requested Contracting Party as soon as possible. If it is clear to the competent authority of the requested Contracting Party that the processing of the request will require a longer period of time, it shall inform the competent authority of the requesting Contracting Parties without undue delay and communicate the indicative deadline for the processing of the request.
3. The competent authority of the requested Contracting Party may request additional information if necessary to comply with the request.
4. If the requested authority is not competent to handle the request, it shall forward it to the competent authority as soon as possible and inform the requesting authority.
Article 5
The competent authorities of the Contracting Parties may, on a case-by-case basis, communicate information without request to each other if they consider that such information is of significant importance to the other Contracting Party and corresponds to the subject matter of this Treaty.
Article 6
1. The competent authority of each Contracting Party may reject, in whole or in part, a request for cooperation under this Treaty if compliance with the request could jeopardise the sovereignty, security or other important interest of the State of its Contracting Party or if such a request is contrary to international obligations or national law of its Contracting Party.
2. In the event of refusal of an application or partial compliance thereof, the competent authorities of the Contracting Parties shall be informed in writing without delay.
3. The competent authorities of the requested Contracting Parties may combine compliance with the request with compliance with the necessary conditions. If the competent authorities of the requesting Contracting Parties agree to these conditions, the request shall be granted.
Article 7
1. The competent authorities of the Contracting Parties shall assist each other by exchanging information and data from official databases and registers, including personal data which may relate in particular to:
(a) criminal offences, persons suspected of committing a crime or participating in the commission of a crime, the interconnection of persons suspected of committing a crime, the organisation of criminal groups and their structures, the circumstances of infringements of criminal liability law and the measures taken;
(b) planned acts of terrorism and terrorist groups, the members of which plan, commit or have already committed offences within the territory of the States of the Contracting Parties;
(c) the objects by which the offence was committed or derived from the crime;
(d) experience and information in the field of criminology, results of criminal and criminal research, investigative practice, working methods and means;
(e) methods and new forms of committing criminal offences exceeding the borders of the Contracting Parties.
2. As part of the fight against illegal migration, the competent authorities of the Contracting Parties shall communicate information in particular on migration movements, their scale, structure and possible objectives, as well as information on illegal conduct in an effort to legalise residence within the territory of the Contracting Parties States.
3. The competent authorities of the Contracting Parties shall transmit to each other the information necessary for the purposes of the procedure relating to entry and stay in the territory of the States of the Contracting Parties, in particular the identity of the person, the date and place of crossing of the national borders, the authorisation to reside in the territory of the Contracting Party, the place of residence and the authenticity and validity of travel and official documents.
4. The competent authorities of the Contracting Parties shall exchange legislative acts, analytical and other material, technical and technical information and technical literature.
Article 8
Where appropriate, the competent authorities of the Contracting Parties shall coordinate their activities and assist each other in particular:
(a) in the search for suspects, accused of committing a criminal offence, convicted persons who evade criminal responsibility or sentence;
(b) in the search for missing persons, including the conduct of acts relating to the identification of persons or physical remains;
(c) in the search for items obtained by a criminal offence or used to commit crimes;
(d) in the search for and provision of property, such as proceeds from crime and means of financing terrorism;
(e) conduct police interviews;
(f) in the field of expert and criminaltechnical activity, in particular in the search, procurement, evaluation and comparison of traces;
(g) the provision and evaluation of digital clues and encrypted data, as well as the adoption of measures to prevent computer crime;
(h) in the examination and disposal of suspected objects, the disposal of explosive explosive devices or of ammunition, explosives or explosive articles;
(i) in the preparation and implementation of transit, transfer of persons, including voluntary return;
(j) implementing other appropriate measures at the request of the other Party, including inspections and checks of means of transport to prevent or combat illegal migration;
(k) for management purposes relating to entry and residence in the territory of the States of the Contracting Parties;
(l) organising working meetings to prepare individual measures;
(m) lending equipment and service animals;
(n) planning and implementing joint crime prevention programmes.
Article 9
1. Each Contracting Party may, in agreement with the other Contracting Party, send liaison officers / authorised representatives to the territory of the other Contracting Party.
2. Liaison officers / authorised representatives shall only conduct support and advisory activities within the territory of the State of the other Contracting Party. They shall provide information and carry out their tasks within the framework of instructions given to them by the sending Contracting Party.
3. Liaison officers / authorised representatives of one Contracting Party seconded to a third State may, subject to the agreement of the Contracting Parties and subject to the written consent of the third State, represent the interests of the other Contracting Party.
Article 10
1. The competent authorities of the Contracting Parties may, in order to support the other Contracting Party or to coordinate activities, send consultants to the competent authorities of the other Contracting Party, establish joint analytical and other working teams, as well as involve posted personnel in patrol or control groups.
2. The personnel referred to in paragraph 1 of this Article shall operate in a support and advisory capacity within the territory of the State of the other Contracting Party. In the exercise of their support and advisory function, they shall comply with the instructions issued by the competent authorities of the Contracting Party in the territory of whose State they are seconded. No authorisations shall be exercised within the territory of the other Contracting Party.
Article 11
The Parties shall cooperate in the field of training and education and shall include in particular:
(a) participation of workers of one Contracting Party in training courses of the other Contracting Party;
(b) organising joint seminars, exercises and language courses;
(c) specialist training;
(d) exchange of experts, as well as training concepts and programmes;
(e) the participation of observers in exercises.
Article 12
1. The Parties shall cooperate in identifying victims of mass accidents and other events (hereinafter referred to as "disasters'). Such cooperation shall include, in particular, the exchange of information for the identification of victims, the possibility to obtain, or, where appropriate, to verify, information for the identification of victims in the territory of the State of the other Contracting Party, as well as the deployment of a special disaster identification team (hereinafter referred to as" the team ').
2. Each Contracting Party may, if necessary, request the other Contracting Party to send a team to its State. The sending of individual team staff to perform part-tasks in the territory of the other Party shall be subject to the consent of its competent authority.
3. In the event of the operation of the team or its individual staff in the territory of the State of the other Contracting Party, its personnel shall be entitled to seek cooperation between the staff of the Contracting Party in the territory of which they operate.
4. The Contracting Party which has requested the deployment of the team of the other Contracting Party shall take the necessary measures to ensure the safety of the team and its staff.
5. A Contracting Party which has requested the deployment of a team of the other Contracting Party shall ensure that its staff member is normally present.
6. Team personnel operating in the territory of the State of the other Contracting Party shall be identified in accordance with their Contracting Party's national law.
7. For the purposes of cooperation under this Article, Contracting Party personnel shall also be experts who are not personnel of the competent authorities of the Contracting Parties but are part of the team.
Legal circumstances
Article 13
The following provisions shall apply to the processing of personal data transmitted under this Treaty:
(a) The transferring Contracting Party may establish restrictions and time limits for the processing of personal data by the receiving Contracting Party.
(b) The exchange of personal data under this Treaty shall be subject to the following rights of personal data subjects:
1) Information on personal data transmitted or processed under this Treaty and on the intended purpose of the use of personal data shall be provided to the data subject at his request. This shall not apply where, in accordance with national law, access to personal data may or must be refused. In any event, the Contracting Parties shall consult each application; the information shall not be provided without the prior consent of the other Party.
2) The data subject shall have the right to request the rectification of the personal data transmitted to him and the addition of incomplete personal data, including by means of an additional declaration. This shall apply unless, in accordance with national law, the rectification of personal data may or must be refused. In any event, the Contracting Parties shall consult each application; the request of the data subject shall not be accepted without the prior consent of the other Party.
(3) Where the personal data transmitted are used to intervene in the rights and interests of the data subject solely on the basis of automated processing of personal data, the data subject shall be entitled to human intervention by the responsible authority.
(c) Personal data may be transmitted by the competent authority of one Contracting Party only to the competent authorities of the other Contracting Party and to their authorised officials. Personal data may be transmitted solely for the purposes set out in this Treaty and to the extent appropriate to those purposes. The Contracting Parties shall take the necessary measures to ensure that the further processing of personal data is carried out solely for that purpose. The receiving Party may use the personal data transmitted for other purposes only with the prior written consent of the transmitting Party. Personal data shall not be transmitted if the transmitting Contracting Party has reason to believe that such transmission infringes the requirements of its national law, its international obligations or may harm the rights of data subjects. In the event of the transfer of personal data which should not have been the subject of the transfer, the requesting Contracting Party shall be informed without delay, who shall undertake to dispose of such personal data and send the corresponding notification to the transmitting Contracting Party.
(d) The Contracting Parties shall ensure that personal data are not stored in a form allowing the identification of data subjects for a longer period than is necessary to achieve the purposes set out in this Treaty for which they are processed.
(e) The receiving Contracting Party may transmit the personal data obtained under this Treaty to a third party only with the prior written consent of the transmitting Contracting Party. In the request for written consent, the receiving Party shall provide information on the scope and categories of personal data it intends to transmit to the third party, the third party that is being transmitted, as well as the legal basis and purpose of the transfer. The receiving Contracting Party may transmit personal data to a third party without the prior consent of the transmitting Contracting Party only if it is necessary to protect the vital interests of the data subject or other persons or to prevent an immediate and serious threat to public security. In such a case, the receiving Party shall immediately inform the transferring Party of the scope and categories of personal data, the third party that has been transmitted, the relevant legal basis, the purpose of the transfer and the process of further communication with the third party. For the purposes of this Article, "third party" shall mean any person, body, institution, organisation, including international organisations not listed by the competent authorities under this Treaty, with the exception of the data subject and the supervisory authorities of the Contracting Parties in the field of personal data protection or of bodies whose tasks are directly related to the purpose of this Treaty, such as courts or prosecutors.
(f) The transmission and processing of specific categories of personal data, as defined by the national law of the Contracting Party, shall be permitted only where strictly necessary, where justified by the need to prevent, detect and suppress a criminal offence or the detection of a person who has committed a criminal offence, or the protection of the vital interests of the data subject or other persons, or the need to prevent an immediate and serious threat to public security.
(g) The Contracting Parties shall take all necessary measures to ensure the reliability, accuracy and relevance of the personal data transmitted and their adequacy for the purposes of processing. If, following the transmission of personal data, one of the Contracting Parties finds that they are inaccurate, it shall immediately inform the other Contracting Party in order to make the necessary changes.
(h) Personal data received by the Contracting Parties shall be destroyed or corrected where:
(1) personal data are found to be inaccurate or disproportionate for processing purposes;
(2) the receiving Contracting Party finds that the personal data previously transmitted do not comply with the requirements of its national law;
(3) personal data are no longer necessary to achieve the purposes set out in this Treaty;
(4) the processing period of personal data specified directly by the transmitting Contracting Party has expired.
(i) the Contracting Parties shall ensure an adequate level of protection of personal data transmitted and received under this Treaty by adopting specific organisational and technical security measures, strictly limiting access to personal data, establishing a procedure for the storage of personal data in accordance with their categories, in particular as regards the processing of specific categories of personal data referred to in point (f) of this Article.
(j) The authority to which personal data are transmitted shall, in accordance with the national law of the Contracting Party, duly inform its contact details, the purposes of processing personal data, the rights of data subjects and, where appropriate, the administrative or judicial protection of their right to privacy and the protection of personal data in accordance with national law.
(k) The Contracting Parties shall guarantee the keeping of records of the transfer, receipt and destruction of personal data.
Article 14
1. The provisions of the Agreement between the Government of the Czech Republic and the Cabinet of Ministers of Ukraine on the protection of classified information of 14 May 2003 or of any international treaty replacing the above-mentioned Agreement shall apply to the transmission of classified information.
2. The classified information may be transmitted directly between the contact points designated by the Contracting Parties.
3. The Contracting Parties shall communicate by diplomatic means at the latest on the date of entry into force of this Treaty the contact points referred to in paragraph 2 of this Article.
Article 15
The provision of transmitted information and material to third States and international organisations shall be possible only with the prior written consent of the transmitting Contracting Party.
Article 16
1. Workers who operate in the territory of the State of the other Contracting Party in the performance of their duties under this Treaty shall be bound by its national law.
2. The staff referred to in paragraph 1 of this Article may wear a uniform in the territory of the State of the other Contracting Party.
3. The personnel referred to in paragraph 1 of this Article shall be liable for the offences they commit in the same way as those of the staff of the Contracting Party in whose territory they operate. In relation to the offences committed against them, the same liability shall apply as if the offence was committed against the workers of the Contracting Party in whose territory it operates.
4. From the point of view of service, workers operating in the territory of the State of the other Contracting Party, in particular with regard to disciplinary and liability provisions, shall be subject exclusively to the national law of their Contracting Party.
5. Each Contracting Party shall be obliged to protect and assist the workers of the other Contracting Party seconded to its State in the same way as its own workers.
Article 17
1. Workers who, in the performance of their tasks under this Treaty, operate in the territory of the State of the other Contracting Party may, if necessary, transport to the territory of the State of the other Contracting Party and use their own service vehicles, aircraft and vessels after the prior agreement of that Contracting Party.
2. Aircraft shall be authorised in the country of origin for the type of deployment concerned.
Article 18
1. The Contracting Parties shall waive all claims for loss or damage to property if the damage is caused by workers of the other Contracting Party in the performance of their tasks under this Treaty.
2. The Contracting Parties shall waive any claims for compensation for damage to health or in connection with the death of their workers if they have taken place in the performance of tasks under this Treaty. The right of workers and persons entitled to compensation in the event of their death shall remain unchanged in accordance with the national law of the Contracting Party.
3. Paragraphs 1 and 2 of this Article shall not apply where damage is caused intentionally or through serious negligence.
4. Where the workers of a Contracting Party in the performance of their tasks under this Treaty cause damage to a third party in the territory of the State of the other Contracting Party, the Contracting Party in whose territory the damage was caused shall be liable for compensation under rules which would apply in the event of damage to its workers. The Contracting Party whose workers have caused the damage shall pay the compensation paid in full to the other Contracting Party. The second sentence of this paragraph shall not apply where the workers who have caused the damage have acted in accordance with the instructions of the workers of the other Contracting Party, unless they have caused the damage intentionally or through serious negligence.
5. The competent authorities of the Contracting Parties shall cooperate closely to facilitate the handling of claims for damages. For this purpose, they shall in particular exchange all information on the cases of damage at their disposal.
Article 19
Unless otherwise provided for in this Treaty or agreed in advance by the competent authorities of the Contracting Parties, each Contracting Party shall itself bear the costs incurred by its competent authorities from the implementation of this Treaty.
Final provisions
Article 20
Unless otherwise agreed, the competent authorities of the Contracting Parties shall use the English language when implementing this Treaty.
Article 21
Any disputes concerning the interpretation or implementation of this Treaty shall be settled by negotiations between the competent authorities of the Contracting Parties. If disputes cannot be resolved in this way, they will be resolved by diplomatic means.
Article 22
This Treaty shall be without prejudice to the obligations of the States of the Contracting Parties arising from other bilateral or multilateral international agreements by which the States of the Contracting Parties are bound.
Article 23
Each Contracting Party may temporarily suspend, in whole or in part, the application of this Treaty where this requires the security of the State, public order, safety or health of persons. The Parties shall communicate the adoption or withdrawal of such a measure by diplomatic means without delay. Suspension of the application of this Treaty and its revocation shall take effect on the date specified in the communication, but not before 15 days after receipt by the other Contracting Party. However, the provisions of this Treaty shall continue to apply to the handling of personal data transmitted before the suspension of the application of this Treaty and to the provision of information and material transmitted before the suspension of the application of this Treaty, to third States and to international organisations.
Article 24
1. This Treaty shall enter into force on the first day of the second month following the date of receipt of the last written notification by the diplomatic channels by which the Contracting Parties inform each other of the fulfilment of the national procedures required for the entry into force of this Treaty.
2. This Agreement may be amended in writing by the Contracting Parties. Any such amendment shall enter into force in accordance with paragraph 1 of this Article.
3. This contract is for an indefinite period. Each Contracting Party may denounce it by sending a written notification by diplomatic means. The contract shall expire six months after the date of receipt of the notice of termination by the other Contracting Party. Unless otherwise assessed by the Contracting Parties, the provisions of this Treaty shall continue to apply to the handling of personal data transmitted under this Treaty until the personal data have been deleted.
4. The Agreement between the Government of the Czech Republic and the Government of Ukraine on cooperation in combating organised crime, terrorism and illicit trafficking in narcotic drugs and psychotropic substances of 30 June 1997 will expire on the date of entry into force of this Treaty.
In Prague on 16 July 2024, in two original copies, each in the Czech, Ukrainian and English languages, all texts being equally authentic. In case of differences in interpretation, the English text will be decisive.
For the Government of the Czech Republic Minister of Interior
Příloha č. 2
Annex No 2
Text of the international contract in the relevant language
1) The Agreement between the Government of the Czech Republic and the Government of Ukraine on cooperation in combating organised crime, terrorism and illicit trafficking in narcotic drugs and psychotropic substances, signed in Kiev on 30 June 1997, was published under No 81 / 2006 Coll.
2) The Protocol between the Ministry of the Interior of the Czech Republic and the Ministry of the Interior of Ukraine to implement the Agreement between the Government of the Czech Republic and the Government of Ukraine on Cooperation in Combating Organised Crime, Terrorism and Illicit Trade in Narcotic Drugs and Psychotropic Substances of 30 June 1997, signed in Kiev on 5 November 1999, was published under No 82 / 2006 Coll. p.
3) The Arrangement between the Ministry of the Interior of the Czech Republic and the Ministry of the Interior of Ukraine amending the Protocol between the Ministry of the Interior of the Czech Republic and the Ministry of Interior of the Ukraine of 5 November 1999 for the implementation of the Agreement between the Government of the Czech Republic and the Government of Ukraine on Cooperation in Combating Organised Crime, Terrorism and Illicit Trade in Narcotic Drugs of 30 June 1997, negotiated in exchange for a note of 24 February 2006 and 16 May 2006, was published under No 86 / 2006 Coll.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 102 / 2025 Coll., on the negotiation of the Treaty between the Government of the Czech Republic and the Cabinet of Ministers of Ukraine on cooperation in combating crime and maintaining public order and security |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.04.2025 |
|---|---|
| Effective from | 01.04.2025 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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