Decree No. 29 / 1958 Coll.
Declaration on the Treaty between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Legal Assistance in Civil, Family and Criminal Matters
Valid
Effective from 09.05.1958
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29
Decree of the Minister for Foreign Affairs
of 8 May 1958
on the Treaty between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Legal Assistance in Civil, Family and Criminal Matters.
On 31 August 1957, the Treaty between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Legal Assistance in Civil, Family and Criminal Matters was negotiated in Moscow.
The President of the Republic ratified the Treaty on 7 March 1958 and the instruments of ratification were exchanged in Prague on 9 April 1958.
Pursuant to Article 75 of the Treaty, the Treaty entered into force on 9 May 1958.
The Czech version of the Treaty is published in the Annex to the Collection of Laws. *)
David v. r.
TREATY
BETWEEN THE CZECH REPUBLIC AND THE SOCIAL SOCIALISTIC REPUBLIC
ON LEGAL ASSISTANCE IN CIVIL, FAMILY AND TRESS MATTERS.
President of the Czechoslovak Republic and
the Presidium of the Supreme Soviet Union of Soviet Socialist Republics,
led by the joint desire to consolidate and further develop brotherly ties between the peoples of the Czechoslovak Republic and the peoples of the Union of Soviet Socialist Republics, attaching considerable importance to cooperation also in the field of legal relations, decided to conclude a contract on legal assistance in civil, family and criminal matters and appointed for this purpose by their agents:
President of the Czech Republic
Dr. Václav Damage,
Minister of Justice of the Czechoslovak Republic,
Presidium of the Supreme Soviet Union of Soviet Socialist Republics
Alexei Vasilievich Zacharov,
Deputy Minister for Foreign Affairs of the Union of Soviet Socialist Republics,
who have exchanged their powers of attorney and found them in good and proper form have agreed on the following provisions:
General provisions
Legal protection
1. Citizens and legal persons (hereinafter referred to as "members") of one of the two Contracting Parties shall enjoy the same legal protection and assistance in the territory of the other Contracting Party as regards personal and property rights as regards their own citizens and legal persons.
2. They shall have free and undisturbed access to courts, prosecutors and public notaries (hereinafter referred to as the "judicial authorities') and other offices of the other Contracting Party which operate in civil, family and criminal matters; may appear before them and submit applications and actions under the same conditions as members of the other Contracting Party.
Provision of legal assistance
1. The judicial authorities of both Parties shall provide each other with legal assistance in civil, family and criminal matters.
2. The judicial authorities shall also provide legal assistance to other authorities in matters referred to in paragraph 1 of this Article.
Method of contact
The judicial authorities of the Contracting Parties shall contact each other in the provision of legal assistance through their central offices, unless otherwise provided for in this Treaty.
Scope of legal aid
The two Contracting Parties shall provide each other with legal assistance by carrying out individual acts, in particular: the procurement and transmission of documents, the carrying out of examinations, the removal of the case, the sending and issuing of factual evidence, the carrying out of expert opinions, the questioning of the accused, witnesses, experts, parties and other persons, the carrying out of judicial investigations and the service of documents.
Modification of documents
1. Documents sent to each other by the judicial authorities and other authorities (hereinafter referred to as "the authorities") in the provision of legal assistance shall be sealed.
2. In requests for legal aid, the Contracting Parties shall use bilingual forms the models of which shall exchange.
Form of the request for legal aid
1. Applications for legal aid shall contain the following information:
(a) the designation of the applicant authority;
(b) the designation of the requested judicial authority;
(c) an indication of the case in which legal aid is sought;
(d) the names of the participants, the accused, the accused or the convicted, their jurisdiction, occupation and residence, their place of residence or their registered office;
(e) the names and addresses of the legal representatives;
(f) the content of the application, as well as the necessary details of the subject matter of the application and, in the case of criminal matters, the nature of the offence.
2. In addition, the application for service of the document must contain the exact address of the consignee and the name of the document served.
Treatment procedures
1. When handling legal aid, the requested judicial authority shall apply the law of its State. However, where the requested authority so requests, it may apply the rules of procedure of the requesting Contracting Party, provided that they do not conflict with the law of its State.
2. If the requested judicial authority is not competent, it shall forward the request to the competent judicial authority and inform the requesting authority accordingly.
3. If requested by the requested judicial authority, it shall inform the requesting authority when and where the request for legal assistance will be completed.
4. The requested judicial authority shall return the files to the requesting authority following the completion of the request for legal assistance; where legal assistance cannot be provided, it shall at the same time state the reasons preventing the request.
Untouchability of witnesses and experts
1. A witness or expert who appears before the Office of the requesting Contracting Party at the hearing served by the judicial authority of the requested Contracting Party, shall not be prosecuted or held in custody, regardless of his or her citizenship, for the offence he has committed before crossing his or her national borders.
2. However, the witness or expert shall no longer, although he may have, leave the territory of the requesting Contracting Party within a week of being informed by the investigating judicial office that his presence is no longer necessary. The period shall not exceed which time the witness or expert could not leave the territory of the requesting Contracting Party without his fault.
Request for service of documents
1. The requested judicial authority shall arrange for service, in accordance with the rules applicable to the service of domestic documents, where the document served is written in its language or accompanied by a certified translation. Otherwise, it shall forward the document to the addressee if it is willing to accept it voluntarily.
2. The translation verification shall be carried out by the competent interpreter or the requesting office or by a diplomatic or consular representative of one of the Contracting Parties.
3. If it is not possible to arrange the service of the documents to the address indicated in the application, the requested judicial authority shall, on its own initiative, take the necessary measures to establish the address. If it is not possible to establish the address of the requested judicial authority, it shall inform the requesting authority accordingly and return to it the document to be served.
Proof of service of the document
The document of service of the document shall be issued in accordance with the rules on service of the documents in force in the State of the requested office.
Service of documents to own members
Both Parties shall be entitled to service documents to their own members by their diplomatic or consular authorities.
Verification of documents
1. Documents which have been established or certified in the territory of one Contracting Party by a court or official person (permanent interpreter, expert, etc.) in their field of competence and in the prescribed form and bearing official seals shall be recognised in the territory of the other Contracting Party without further verification.
(2) The instruments which pay for authentic instruments in the territory of one Contracting Party shall also benefit from authentic instruments in the territory of the other Contracting Party.
Legal aid costs
1. The requested Contracting Party shall not charge any costs for the provision of legal assistance. The Contracting Parties shall themselves bear all costs incurred by providing legal assistance in their territory.
2. The requested judicial authority shall notify the requesting authority of the amount of the costs. If the requesting authority collects these costs from the person liable for reimbursement, they shall remain with the Contracting Party which collected them.
Information on legal issues
The Ministry of Justice or the General Prosecutor of the Czechoslovak Republic and the Legal Commission, at the Council of Ministers of the Union of Soviet Socialist Republics, provide each other, upon request, with information on the legal order that pays or pays in their state.
Language
The authorities of the Czechoslovak Republic use Russian language in mutual contact in providing legal assistance to the Czech and Slovak languages and authorities of the Union of Soviet Socialist Republics.
Legal aid in civil and family matters
Costs
Exemption from the guarantee
Members of one of the Contracting Parties who appear before the courts of the other Contracting Party, if they are present in the territory of one of the Contracting Parties, may not be required to lodge a security for the costs of proceedings solely because they are foreigners or because they are not resident, resident or registered in the domestic territory.
1. Where the parties exempted from lodging an defence guarantee within the meaning of Article 16 of this Treaty have been required to pay costs in the territory of one Contracting Party, the competent court in the territory of the other Contracting Party shall, on application, authorise the execution of those costs free of charge.
2. The costs of the proceedings are also those of confirmation, translation and verification referred to in Article 18 of this Treaty.
1. The Court of First Instance, which authorises execution for costs, shall limit its examination only to whether the decision has acquired legal power and is enforceable.
2. The application for authorisation of execution shall be accompanied by a copy of the decision on costs, certified by the court of the first storehouse, and a certificate issued by the same court stating that the decision is final and enforceable.
3. Appeals under the law applicable to the decision-making court shall be admissible against decisions authorising execution.
4. The documents referred to in paragraph 2 of this Article shall be accompanied by a translation made pursuant to Article 9 (2) of this Treaty in the language of the Contracting Party on whose territory the execution is to be carried out.
An application for authorisation of an execution to be carried out in the territory of the other Contracting Party may be lodged in the court which issued the decision on costs or in the court which decided on the case in the first chair. That court shall forward the application to the competent court of the other Contracting Party in accordance with Article 3 of this Treaty.
The costs of the confirmation, translation and verification of the documents referred to in Article 18 of this Treaty shall be determined by the court which acted in the first chair or by the court competent to authorise the execution. The court responsible for authorising execution shall determine the costs of execution.
Exemption from judicial fees and advances
Members of one Contracting Party shall be granted exemption from fees and advances in the territory of the other Contracting Party under the same conditions and to the same extent as their own nationals.
1. Confirmation of personal circumstances as well as of family, earnings and assets shall be issued by the competent authority of the Contracting Party in whose territory the applicant is resident or resident.
2. If the applicant is not resident or resident in the territory of the Contracting Party, a certificate issued by the competent diplomatic or consular office of his State shall be sufficient.
3. The judicial authority which decides on the application for exemption from fees and advances may request further clarification.
1. A member of one Contracting Party wishing to propose exemption from fees and advances at the judicial office of the other Contracting Party may declare such a proposal in a protocol with the judicial authority responsible for his residence or residence. The Office of Justice shall send the Protocol, together with the certificate referred to in Article 22 (1) of this Treaty and the other documents submitted by the appellant to the judicial authority of the other Contracting Party.
2. At the same time as a request for exemption from judicial fees and advances, an application to initiate proceedings or other proceedings may be submitted to the Protocol.
Personal and family law
Eligibility for legal acts
The legal capacity of the person shall be governed by the law of the Contracting Party to which the person is a national.
Recognition of divorce and invalidity decisions
The decision of the courts of one Contracting Party on divorce and nullity in respect of the citizens of the Contracting Parties shall be recognised in the territory of the other Contracting Party without further proceedings if no court of the other Contracting Party has previously taken a final decision on the same matter.
This provision shall also apply to decisions given before this Treaty enters into force.
Denial and detection of paternity
The denial and detection of paternity and the question of whether a child comes from a particular marriage must be decided in accordance with the law of the Contracting Party whose citizenship the child has acquired by birth.
The legal situation between a child born outside a marriage and his mother, on the one hand, and a father, on the other, shall be governed by the law of the Contracting Party whose citizen is the child.
The competent court of the Contracting Party whose legal order is applicable pursuant to Article 26 of this Treaty shall be to deny and establish paternity and to determine whether a child comes from a given marriage.
Where both the applicant and the respondent are resident in the territory of one of the Contracting Parties, the court of that Contracting Party shall also be competent to decide on the denial and detection of paternity and on the determination of whether the child comes from a given marriage, for the maintenance of the provisions of Article 26 of this Treaty.
Declaration for missing or dead and proof of death
1. For the declaration of a person missing or dead and in cases of death evidence, the jurisdiction of the judicial authority of the Contracting Party whose citizen was the person when, according to the latest reports, he was alive shall be given.
2. The judicial authorities of one Contracting Party may declare a citizen of the other Contracting Party missing or dead and may also carry out proceedings for proof of death on the basis of a request from persons living in the territory of that Contracting Party if their rights and interests are based on the legal order of that Party.
3. The judicial authorities shall use the parties to the legal order of their State in proceedings for a declaration of missing or dead or in proceedings for proof of death.
Obligations and custody
1. The competent authorities of the Contracting Party whose national is a protégé shall, unless otherwise specified, be in custody and custody of members of the Contracting Parties.
2. The legal relationship between the guardian or guardian and the guardian shall be governed by the law of the Contracting Party whose office has established a guardian or guardian.
3. The obligation to take custody or custody shall be governed by the law of the Contracting Party whose national is the guardian or guardian.
1. Where the custody or custody measures are needed in the interests of a member of one Contracting Party whose residence, residence or property is in the territory of the other Contracting Party, the Office of that Contracting Party shall, without delay, inform the competent authority referred to in Article 30 (1) of this Treaty.
2. In cases of urgency, the Office of the other Contracting Party may take action itself, under its law, but it must inform the authority competent under Article 30 (1) of this Treaty without delay. Such measures shall remain in force until another decision of the Office referred to in Article 30 (1) of this Treaty.
1. The Office competent under Article 30 (1) of this Treaty may delegate custody or custody to the office of the other Contracting Party if the protégé has his residence, residence or property in the territory of that Contracting Party. The transfer of custody or custody shall become effective when the requested authority takes over custody or custody and informs the requesting authority thereof.
2. The Office which has taken over custody or custody under paragraph 1 of this Article shall keep them under the laws of its State. However, as regards eligibility for rights and obligations or legal capacity, it shall enjoy the rights of a Contracting Party whose national is a protégé. However, he / she is not entitled to decisions relating to his / her personal status, but may grant the marriage acceptance required under the law of the party whose national is a protégé.
Authorisation
1. The approval or revocation shall be governed by the law of the Contracting Party whose citizen is the adopter at the time of adoption or cancellation.
2. If the child is a citizen of the other Contracting Party, the adoption or cancellation of the adoption of the child and the acceptance of that Contracting Party must be ensured.
3. Where a child is acquired by spouses, one of whom is a citizen of one Contracting Party, the other is a citizen of the other Contracting Party, the adoption or revocation of the child shall comply with the laws of both Contracting Parties.
4. The competent authority of the Contracting Party whose citizen is the acquirer at the time of adoption or withdrawal shall be responsible for the adoption or cancellation of the adoption procedure. In the case of paragraph 3 of this Article, the competent authority of the Contracting Party in whose territory the spouses have, or have, their common place of residence or residence.
Submission of documents
Each Contracting Party undertakes to send to the other Party, at the request of the other Party by diplomatic means, evidence of registration in the matrices, evidence of education, duration of employment and other documents relating to the personal rights and interests of the citizens of the other Contracting Party.
Those documents shall be sent to the other Contracting Party by diplomatic means without translation and free of charge.
Heritage
Principle of equality
Members of one Contracting Party shall have the right to establish or revoke a testament relating to property which is in the territory of the other Contracting Party and to the right to be exercised there, as well as the right to acquire the inheritance right of such property and right, equal to those of the other Contracting Party living in its territory. The names and rights shall be transferred to them under the same conditions as their own members of the other Contracting Party living in its territory.
Hereditary capacity
1. The inheritance right to movable property shall be administered with the law of the Contracting Party to which the deceased was a member at the time of death.
2. The inheritance right to real estate shall be governed by the law of the party in whose territory the property is situated.
Death
The movable death shall belong to the State of which the deceased was a citizen at the time of death, and to the State in whose territory the property lies.
The will
1. Eligibility to establish or revoke a will, as well as the legal effects of defects of the will, shall be governed by the law of the Contracting Party whose citizen was the deceased at the time of the speech. This right is also relevant for determining which types of acquisition in the event of death are permitted.
2. The form of the will shall be governed by the law of the Contracting Party whose citizen was the deceased when the will was established. However, it is sufficient that the law of the Contracting Party in whose territory the will has been established is maintained. This provision also applies to the cancellation of the will.
Powers
1. The effective inheritance shall be discussed without prejudice to the provisions of paragraph 4 of this Article by the judicial authorities of the Contracting Party whose citizen was the deceased at the time of death.
2. The natural heritage shall be discussed by the judicial authorities of the Contracting Party in whose territory the inheritance is situated.
(3) Paragraphs 1 and 2 of this Article shall apply mutatis mutandis to disputes arising from claims for succession.
4. Where there is a whole movable inheritance after a citizen of one of the Contracting Parties in the territory of the other Contracting Party and all the heirs agree to this, they shall be discussed by the judicial authority of that Contracting Party, on a proposal from the heirs or references.
Communication of deaths
1. If a citizen of the other Contracting Party dies in the territory of one Contracting Party, the competent authority shall inform without delay the diplomatic or consular office of the other Contracting Party of the death and shall inform him of all knowledge of the heirs and their residence and of the extent and price of the inheritance and of whether the will is there. The same applies if the competent authority of one of the Contracting Parties finds that a citizen of the other Contracting Party who died outside the territory of both Contracting Parties has left a fortune in the territory of its State.
2. If the diplomatic or consular office finds out about death earlier, it shall inform the judicial authority responsible for securing the inheritance.
Authorisation of the diplomatic or consular office to discuss the succession
1. In all matters of succession occurring in the territory of one of the Contracting Parties, members of the diplomatic or consular office of the other Contracting Party shall be entitled to represent their own members before the judicial or other offices, provided that they are absent and have not appointed another agent; No special power of attorney required.
2. If a citizen of one Contracting Party dies on the road of the territory of the other Contracting Party and does not reside there, the matters which he has carried for his own use shall be handed over without further proceedings to the diplomatic or consular office of the Contracting Party to which he was a citizen.
Opening of the will
The competent judicial authority of the Contracting Party in whose territory the will is situated shall be to open and declare the will. A certified copy of the will and of the record on the condition and content of the will, as appropriate, a certified copy of the record on the announcement of the will and, on request, the original of the will shall be sent to the judicial office of the State of the deceased or to the judicial office of the other Contracting Party which is conducting the proceedings.
Heritage measures
1. The authorities of both Contracting Parties shall, under their law, take the measures necessary to ensure or manage the inheritance left by a citizen of the other Contracting Party on their territory.
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Regulation Information
| Citation | Decree No. 29 / 1958 Coll., on the Treaty between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Legal Assistance in Civil, Family and Criminal Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.05.1958 |
|---|---|
| Effective from | 09.05.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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