Decree of the Minister for Foreign Affairs No. 95 / 1983 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters
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Effective from 04.06.1983
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95
DECLARATION
Minister for Foreign Affairs
of 16 May 1983
on the Treaty between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters
On 12 August 1982, the Treaty between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters was signed in Moscow.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Prague on 4 May 1983.
The Treaty shall enter into force on 4 June 1983 on the basis of Article 91 (1) thereof. The Treaty between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Legal Assistance in Civil, Family and Criminal Matters of 31 August 1957, published on 29 / 1958 Coll.
The Czech version of the Treaty is hereby published at the same time.
Minister:
Ing. Chupek v. r.
TREATY
between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters
President of the Czechoslovak Socialist Republic and Presidium of the Supreme Soviet Union of Soviet Socialist Republics,
led by the desire to further develop brotherly relations between the peoples of the two states in accordance with the Treaty for Friendship, Cooperation and Mutual Assistance between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics of 6 May 1970 and taking into account the degree of cooperation achieved in the field of legal relations since the Treaty was negotiated between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Legal Assistance in Civil, Family and Criminal Matters of 31 August 1957,
have decided to negotiate this Treaty and to this end have appointed their agents:
President of the Czechoslovak Socialist Republic
Honorary of Lovetín,
the extraordinary and authorised Ambassador of the Czechoslovak Socialist Republic to the Union of Soviet Socialist Republics,
Presidium of the Supreme Soviet Union of Soviet Socialist Republics
Vladimir Ivanovich Terebilov,
Minister of Justice of the Union of Soviet Socialist Republics,
who, following the exchange of their full powers, found in good and proper form, agreed on the following:
GENERAL PROVISIONS
Legal protection
(1) Citizens of one Contracting Party enjoy in the territory of the other Contracting Party the same legal protection of their personal and property rights as their own citizens.
(2) The citizens of one Contracting Party shall have the right to contact the courts, prosecutors and public notaries (hereinafter referred to as the "judicial authorities') and other authorities of the other Contracting Party active in civil, occupational, family and criminal matters, may appear before them, submit applications and proposals and take other procedural steps under the same conditions as citizens of the other Contracting Party.
(3) The provisions of this Treaty shall apply mutatis mutandis to legal persons of the Contracting Parties.
Legal aid
Provision of legal assistance
(1) The judicial authorities of the Contracting Parties shall provide each other with legal assistance in civil, occupational, family and criminal matters in accordance with the provisions of this Treaty.
(2) In matters referred to in paragraph 1, judicial authorities shall also provide legal assistance to other authorities.
(3) Other authorities active in the matters referred to in paragraph 1 shall send legal aid applications via judicial authorities, unless otherwise provided for in this Treaty.
Method of contact
(1) The judicial authorities of the Contracting Parties, when implementing this Treaty, meet each other through the Ministry of Justice of the Czech Socialist Republic or the Ministry of Justice of the Slovak Socialist Republic or the Prosecutor General of the Czechoslovak Socialist Republic and the Ministry of Justice or the Prosecutor of the Union of Soviet Socialist Republics, unless otherwise provided for in this Treaty.
(2) The Ministry of Justice of the Czech Socialist Republic or the Ministry of Justice of the Slovak Socialist Republic or the General Prosecutor of the Czechoslovak Socialist Republic and the Ministry of Justice or the Prosecutor of the Union of Soviet Socialist Republics meet directly in the implementation of this Treaty.
Scope of legal aid
The Contracting Parties shall provide each other with legal assistance by carrying out the various procedural acts governed by the law of the requested Contracting Party, in particular by the drawing up and transmission of documents, by carrying out inspection, withdrawal, transmission and issue of factual evidence, by carrying out expert opinions, interviews of participants, accused persons, witnesses, experts and other persons, as well as by delivering documents.
Content and form of legal aid application
(1) Requests for legal aid must include:
(a) the designation of the applicant authority;
(b) the designation of the requested authority;
(c) the indication of the case in which legal aid is requested;
(d) the names and surnames of the participants, the accused, the accused, the convicted or the injured, their place of residence or temporary residence, their nationality, profession and, in criminal matters, the place and date of birth, and, where possible, the parents' names and surnames; for legal persons, their name and registered office;
(e) where appropriate, the names, surnames and addresses of the representatives of the persons referred to in (d);
(f) the subject-matter of the request and other details needed to be dealt with;
(g) in criminal matters, also a description and indication of the offence committed and the amount of the damage, if any.
(2) In addition, the application for service of the document shall contain the exact address of the consignee and the name of the document served.
(3) The application shall be signed and stamped by the requesting authority.
(4) For requests for legal aid, the Contracting Parties shall use bilingual forms, the models of which they exchange.
Treatment procedure
(1) The request for legal aid shall be dealt with by the requested judicial authority in accordance with the legal order of its State. However, at the request of the applicant authority, the requested judicial authority 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 to process the request, it shall forward it to the competent judicial authority and inform the requesting authority accordingly.
(3) At the request of the applicant authority, the requested authority shall notify the requesting authority and the parties having an interest, the place and time of the request to participate in the request in accordance with the law of the requested Contracting Party.
(4) If the exact address of the person mentioned in the request is not known, the requested authority shall take the necessary measures to establish the address in accordance with its legal system.
(5) Upon completion of the request, the requested judicial authority shall return the documents to the requesting authority; Where legal aid is not available, the requested judicial authority shall inform the applicant authority of the reasons which prevent the processing of the request and return the documents to the applicant authority.
Presentation and protection of witnesses and experts
(1) A witness or expert who appears before the judicial authority of the requesting Contracting Party on a summons served by the judicial authority of the requested Contracting Party, may not, irrespective of his nationality, be prosecuted in accordance with criminal or administrative provisions in his territory, or be brought into custody, nor may he be punishable for an offence committed before crossing his national borders. Those persons may also not be prosecuted, taken into custody or punished in connection with their testimony or expert opinion or in connection with the criminal case under appeal.
(2) The witness or expert shall lose the protection referred to in paragraph 1 if he does not leave the territory of the requesting Contracting Party within a week of being informed by the investigating judicial authority that his presence is no longer necessary, although he may have done so. That period shall not take into account the period during which that person was unable to leave the territory of the requesting Contracting Party without his fault.
(3) The witness or expert has the right to reimbursement of travel and subsistence expenses abroad and to pay the loss of earnings for a period when he cannot work; A connoisseur has a right to a connoisseur. The summons shall specify the costs to be borne by the persons summoned; at their request, the judicial authority of the requesting Contracting Party shall pay an advance on the expenditure concerned.
(4) The summons of a witness or expert residing in the territory of one Contracting Party to the judicial authority of the other Contracting Party shall not contain a threat to the use of coercive measures in the event of failure to appear.
Request for service of documents
(1) The requested judicial authority shall service the documents in force in its State in accordance with the rules governing service, provided that the document served is drawn up in its language or accompanied by a certified translation. Otherwise, it shall submit the document to the addressee if it is willing to accept it voluntarily.
(2) If the document cannot be served on the address indicated in the application, the requested judicial authority shall itself take the measures necessary to establish the address. If the identification of the address by the requested judicial authority is not possible, it shall inform the requesting authority accordingly and return the document which should have been served.
Evidence of service of documents
The service shall be evidenced by a certificate signed by the consignee and stamped by an official stamp, the date and signature of the worker of the service authority or by a certificate issued by that authority proving the method, place and time of service.
Authorisation of diplomatic missions and consular posts
(1) The Contracting Parties are entitled to service documents to their own citizens through their diplomatic missions or consular posts.
(2) The Contracting Parties are entitled to question their own citizens through their diplomatic missions or consular posts.
(3) In the cases referred to in the preceding paragraphs, enforcement measures may not be used or threatened with them.
Certificate validity
(1) The documents which have been drawn up or authenticated in the territory of one Contracting Party by a judicial or other authority or specifically authorised by a person under their jurisdiction and in the prescribed form and bearing an official stamp shall be used in the territory of the other Contracting Party without further verification. This shall also apply to documents of citizens whose signature is certified in accordance with the rules in force in the territory of the relevant Contracting Party.
(2) The authentic instrument which is considered to be public in the territory of one Contracting Party shall also have the power of proof in the territory of the other Contracting Party.
Sending of personal documents and other documents
Requests from citizens of one Contracting Party for the production and transmission of extracts of matrices, educational documents, duration of employment or other documents relating to the personal or property rights and interests of such citizens shall be sent to the authorities of the other Contracting Party by diplomatic means. Those authorities shall draw up documents in accordance with the law of their State and send them free of charge and without translation by diplomatic means to the other Contracting Party. The competent authority responsible for the applicant's residence shall transmit the document to the applicant and shall at the same time collect from him the costs incurred within the limits laid down by the law of the Contracting Party in whose territory the applicant lives. The costs collected shall belong to the Contracting Party whose authority has selected them.
(1) At the request of the authorities of the other Contracting Party, the matrix authorities of one Contracting Party shall send for official use extracts from the matrix.
(2) Statements of the matrices sent under this Article shall be made free of charge and sent without translation by diplomatic means.
Legal information
The Ministry of Justice of the Czech Socialist Republic or the Ministry of Justice of the Slovak Socialist Republic or the General Prosecutor of the Czechoslovak Socialist Republic, on the one hand, and the Ministry of Justice or the Prosecutor of the Union of Soviet Socialist Republics, on the other hand, on the other hand, provide each other, on request, with information on the rule of law applicable or applicable in their State and on the practice of judicial authorities in its use.
Identification of addresses and other data
(1) The Contracting Parties shall, upon request, assist each other, in accordance with their own law, in identifying the addresses of persons present within their territory, if that is necessary to exercise the rights of their citizens. At the same time, the requesting Contracting Party shall communicate to it the information necessary to establish the address of the person indicated in the request.
(2) The judicial authorities of one Contracting Party shall assist the judicial authorities of the other Contracting Party in identifying the employment and income of persons residing in its territory against whom entitlement to maintenance is claimed with the judicial authority of the requesting Contracting Party.
Language
(1) In connection with the implementation of this Treaty, the Ministry of Justice of the Czech Republic or the Ministry of Justice of the SSR or the General Prosecutor of the CSSR shall use the Czech or Slovak language and the Ministry of Justice or the Ministry of the SSR's Russian language.
(2) The applications and other applications sent under this Treaty and the documents annexed thereto shall be made out in the Russian language, if they are addressed to the authorities in the CSSR, and in the Czech or Slovak language, if they are addressed to the authorities in the USSR, unless otherwise provided for in this Treaty.
Costs related to legal aid
(1) The requested Contracting Party will not request reimbursement of costs incurred in providing legal assistance. The Contracting Parties shall themselves bear all the costs incurred in providing legal assistance in their territory.
(2) The requested judicial authority shall inform the requesting authority of the amount of the costs. Where the applicant authority is able to recover these costs from the person required to pay them, the sums received shall belong to the Contracting Party which has granted them.
LEGAL RELATIONS IN CIVIL AND FAMILY MATTERS
General provisions
Where proceedings have been brought in respect of the same case between the same parties before the courts of the two Contracting Parties whose jurisdiction is given under this Treaty or, in cases not provided for in this Treaty, before the courts of the two Contracting Parties whose jurisdiction is given under the law of the relevant Contracting Party, the court which initiated the proceedings shall terminate the proceedings.
CASES OF PERSONAL STATE
Eligibility for rights and legal acts
(1) The legal capacity of a natural person shall be governed by the law of the Contracting Party to which that person is a citizen.
(2) The eligibility of a legal person for rights and legal acts shall be governed by the law of the Contracting Party under which it was established.
Removal, restriction and refunding of legal capacity
With the exception of the provisions of Article 21, the jurisdiction of the court of the Contracting Party whose citizen is the person whose capacity is to be decided shall be waived and restricted.
(1) Where a court of a Contracting Party finds that a citizen of a Contracting Party residing in the territory of the other Contracting Party has grounds for depriving or restricting legal capacity, it shall inform the court of the Contracting Party whose citizen is the person whose legal capacity it is to decide; This also applies when the court has taken the temporary measures necessary to protect this citizen and his property.
(2) If the court of a Contracting Party to which the grounds for the removal or limitation of eligibility for legal proceedings have been notified does not initiate proceedings within three months, or does not express itself within that period, the court of the Contracting Party in whose territory the citizen resides shall bring proceedings for the removal or restriction of eligibility for legal proceedings. In this case, a decision may be taken to waive or restrict legal capacity only for reasons laid down by the laws of both Parties. The decision to waive or restrict legal capacity shall be sent to the competent court of the other Contracting Party.
The provisions of Articles 20 and 21 shall apply mutatis mutandis to the return of legal capacity.
Declaration for missing or dead and proof of death
(1) The jurisdiction of the judicial authorities of the Contracting Party whose citizen was a person at the time when, according to the most recent reports, he was alive shall be given to declare a person missing or dead and to proceedings for proof of death.
(2) The judicial authorities of one Contracting Party may declare a citizen of the other Contracting Party missing or dead and may also determine his death on the basis of a proposal from persons residing in its territory having an interest in the rights and interests of which are based on the law of that Contracting Party.
(3) The judicial authorities of the Contracting Parties to the rule of law of their State shall use the declaration of missing or dead or in proceedings for proof of death.
_
Marriage
(1) The terms of marriage shall be governed by the law of the Contracting Party to which he is a citizen for each of the future spouses. However, the provisions of the law of the Contracting Party in whose territory the marriage is concluded must be complied with on obstacles to the conclusion of the marriage.
(2) The form of marriage is governed by the law of the Contracting Party in whose territory the marriage is concluded.
Personal and property relations of spouses
(1) The personal and property relations of spouses are governed by the law of the Contracting Party in whose territory they reside.
(2) If one of the spouses is resident in the territory of one Contracting Party and the other in the territory of the other Contracting Party and both spouses have the same citizenship, their personal and property relations shall be governed by the law of the Contracting Party of which they are citizens.
(3) Where one of the spouses is a citizen of one Contracting Party and the other of the Contracting Party and one of them is resident in the territory of one and the other in the territory of the other Contracting Party, their personal and property relations shall be governed by the law of the Contracting Party in whose territory they were last resident.
(4) If the spouses to whom the provisions of paragraph 3 apply do not have a common residence in the territory of any Contracting Party, the law of the Contracting Party to which the application has been lodged shall apply.
(5) The jurisdiction of the authorities of the Contracting Party whose legal rules are to be applied pursuant to paragraphs 1, 2 and 3 shall be given to proceedings concerning the personal and property relations of the spouses. In the case referred to in paragraph 4, jurisdiction shall be conferred on the courts of the two Contracting Parties.
Distribution
(1) The divorce of marriages is governed by the law of the Contracting Party whose citizens are married at the time of the proposal.
(2) Where one of the spouses is a citizen of one Contracting Party and the other of the Contracting Party, the law of the Contracting Party to which divorce proceedings are pending shall apply.
(1) The divorce of marriage in the case referred to in Article 26 (1) shall be subject to the jurisdiction of the authorities of the Contracting Party whose citizens are married at the time of the application. If both spouses are resident in the territory of the other Contracting Party at the time of the application, the authorities of that Contracting Party shall also be given jurisdiction.
(2) For the divorce of marriage in the case referred to in Article 26 (2), the authorities of the Contracting Party in whose territory the two spouses are resident shall be given jurisdiction. Where one of the spouses is resident in the territory of one Contracting Party and the other in the territory of the other Contracting Party, the power to divorce the marriage shall be conferred on the authorities of both Contracting Parties.
Declaration of invalidity and determination of whether or not marriage is here
(1) The declaration of invalidity and the determination of whether or not the marriage is there shall be governed by the law of the Contracting Party which was used in the conclusion of the marriage pursuant to Article 24.
(2) The power of the institutions to declare a marriage invalid and to determine whether or not the marriage is there shall be governed by the provisions of Article 25.
Determination and denial of paternity
(1) The determination and denial of paternity shall be governed by the law of the Contracting Party in whose territory the child was born.
(2) As regards the form of recognition of paternity, it is sufficient that the laws of the Contracting Party in whose territory recognition takes place are complied with.
(3) The jurisdiction of the courts of the Contracting Party in whose territory the child resides shall be given to the decision on determination and denial of paternity.
Legal relations between parents and children
(1) Legal relations between parents and children shall be governed by the law of the Contracting Party in whose territory the child lives permanently.
(2) Entitlement to maintenance from adult children is governed by the law of the Contracting Party in whose territory the person claiming maintenance is resident.
(3) In order to decide on legal relations between parents and children, the jurisdiction of the courts of the Contracting Party whose legal order has been applied pursuant to paragraphs 1 and 2 is given.
Obligations and custody
(1) The establishment or revocation of the custody or custody shall be governed by the law of the Contracting Party whose citizen is the person to whom the custody or custody is to be established or revoked.
(2) The legal relationship between the guardian or guardian and the person to whom the custody or custody is established shall be governed by the law of the Contracting Party whose authority has appointed the guardian or guardian.
(3) The obligation to accept custody or custody shall be governed by the law of the Contracting Party whose citizen is the person to become guardian or guardian.
(4) A citizen of the other Contracting Party may be appointed as the guardian or guardian of a person who is a citizen of one Contracting Party if he is resident in the territory of the Contracting Party where the contract is to be performed.
The establishment or revocation of the term of office and custody shall be subject to the jurisdiction of the authority of the Contracting Party whose citizen is the person who establishes or cancels the term of custody, unless otherwise provided for in this Treaty.
(1) Where the necessary legal or protective measures are to be taken to protect the interests of a citizen of a Contracting Party who is resident, temporary residence or property in the territory of the other Contracting Party, the authority of that Contracting Party shall immediately inform the authority whose jurisdiction is given in accordance with Article 32.
(2) In urgent cases, the authority of the other Contracting Party may itself take appropriate temporary measures in accordance with its own rules of law, but shall immediately inform the authority whose jurisdiction is given in accordance with Article 32. Those measures shall remain in force until another decision has been taken by the authority referred to in Article 32.
(1) The authority whose jurisdiction is given pursuant to Article 32 may delegate custody or custody to the authority of the other Contracting Party if the person who has been established by the latter has a residence, temporary residence or property in the territory of that Contracting Party. The transfer of custody or custody shall become effective once the requested authority takes over custody or custody and informs the requesting authority thereof.
(2) The authority which, pursuant to paragraph 1, has assumed custody or custody shall exercise it under the law of its State. However, it shall not have the right to take decisions on matters relating to the personal status of the person who has been established by the custody or custody, but may give permission to marry, which is required under the law of the Contracting Party whose citizen is that person.
Authorisation
(1) The adoption or revocation of an application shall be governed by the law of the Contracting Party whose citizen is the adopter at the time of the application for adoption or revocation.
(2) If the child is a citizen of the other Contracting Party, the consent of the legal representative and the competent national authority as well as the consent of the child shall be required for the adoption or revocation of the child, if the legal order of the Contracting Party to which the child is a citizen so requires.
(3) Where a child is adopted by spouses, one of whom is a citizen of one Contracting Party and the other a citizen of the other Contracting Party, the adoption or revocation of the child shall be governed by the provisions of the laws of both Contracting Parties.
(4) The power of the authorities of the Contracting Party whose citizen is the adopter at the time of the application for adoption or revocation shall be given to proceedings for adoption or revocation. In the case referred to in paragraph 3, the authority of the Contracting Party in whose territory the spouses have, or have, their last joint residence or temporary residence shall be given.
MATTER
Form of legal acts
(1) The form of the act is governed by the law of the Contracting Party governing the act itself. However, it is sufficient that the legal order of the place where the legal act took place has been implemented.
(2) The form of the legal act relating to immovable property is governed by the law of the Contracting Party in whose territory the property is situated.
Property
The property right shall be governed by the law of the Contracting Party in whose territory the property lies. The jurisdiction of the judicial authorities of that Contracting Party shall be given to decide on matters relating to immovable property.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 95 / 1983 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.09.1983 |
|---|---|
| Effective from | 04.06.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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