Minsk Convention of January 22, 1993

The States members of the Commonwealth of Independent States, parties to this Convention, hereinafter referred to as the Contracting Parties,

proceeding from the desire to ensure that citizens of the Contracting Parties and persons residing in their territories are granted, in all Contracting Parties, the same legal protection with respect to personal and property rights as their own citizens,

attaching importance to the development of cooperation in the field of providing legal assistance by justice institutions in civil, family and criminal matters, have agreed as follows:

Section I. GENERAL PROVISIONS

Part I. Legal Protection

Article 1. Granting of Legal Protection

1. Citizens of each Contracting Party, as well as persons residing in its territory, shall enjoy, in the territories of all other Contracting Parties, the same legal protection with respect to their personal and property rights as the own citizens of that Contracting Party.

2. Citizens of each Contracting Party, as well as other persons residing in its territory, shall have the right to freely and without hindrance apply to the courts, prosecutor’s offices, internal affairs bodies and other institutions of other Contracting Parties whose competence includes civil, family and criminal matters (hereinafter referred to as justice institutions), may appear before them, file petitions, bring actions and perform other procedural actions on the same conditions as the citizens of that Contracting Party.

3. The provisions of this Convention shall also apply to legal entities established in accordance with the legislation of the Contracting Parties.

Article 2. Exemption from Payment of Fees and Reimbursement of Costs

1. Citizens of each Contracting Party and persons residing in its territory shall be exempt from the payment and reimbursement of court and notarial fees and costs, and shall also enjoy free legal assistance on the same conditions as its own citizens.

2. The benefits provided for in paragraph 1 of this Article shall extend to all procedural actions carried out in the given case, including the execution of the decision.

Article 3. Submission of a Document on Family and Property Status

1. The benefits provided for in Article 2 are granted on the basis of a document concerning the family and property status of the person filing the request. This document is issued by the competent authority of the Contracting Party on whose territory the applicant has his or her domicile or residence.

2. If the applicant does not have a domicile or residence on the territory of the Contracting Parties, it is sufficient to submit a document issued by the relevant diplomatic mission or consular office of the Contracting Party whose citizen he or she is.

3. The authority deciding on the request for granting benefits may request additional data or necessary clarifications from the authority that issued the document.

Part II. Legal Assistance

Article 4. Provision of Legal Assistance

1. The judicial authorities of the Contracting Parties shall provide legal assistance in civil, family, and criminal matters in accordance with the provisions of this Convention.

2. Judicial authorities shall also provide legal assistance to other authorities in the matters specified in paragraph 1 of this Article.

Article 5. Procedure for Communications

In implementing this Convention, the competent judicial authorities of the Contracting Parties shall communicate with each other through their central, territorial, and other bodies, unless a different procedure for communications is established by this Convention. The Contracting Parties shall determine the list of their central, territorial, and other bodies authorized to carry out direct communications, and shall notify the depositary thereof.

Article 6. Scope of Legal Assistance

The Contracting Parties shall render each other legal assistance by carrying out procedural and other actions provided for by the legislation of the requested Contracting Party, including: drawing up and forwarding documents, conducting inspections, searches, seizures, transferring physical evidence, conducting expert examinations, interrogating parties, third parties, suspects, accused persons, victims, witnesses, experts, searching for persons, carrying out criminal prosecution, extraditing persons for criminal prosecution or execution of a sentence, recognizing and enforcing court decisions in civil cases, sentences in the part of a civil claim, enforcement writs, as well as by serving documents.

Article 7. Content and form of a request for legal assistance

1. A request for legal assistance shall specify:

a) the name of the requested authority;

b) the name of the requesting authority;

c) the name of the case for which legal assistance is requested;

d) the first and last names of the parties, witnesses, suspects, accused persons, defendants, convicted persons or victims, their place of residence and whereabouts, citizenship, occupation, and in criminal cases also the place and date of birth and, if possible, the first and last names of the parents; for legal entities – their name, legal address and/or location;

e) if there are representatives of the persons specified in subparagraph “d”, their first names, last names and addresses;

f) the content of the request, as well as other information necessary for its execution;

g) in criminal cases, also a description and legal classification of the committed act and data on the amount of damage, if any was caused as a result of the act.

2. A request for service of a document shall also specify the exact address of the recipient and the name of the document to be served.

3. The request shall be signed and affixed with the official seal of the requesting authority.

Article 8. Procedure for execution

1. When executing a request for legal assistance, the requested authority shall apply the legislation of its own country. At the request of the requesting authority, it may also apply the procedural rules of the requesting Contracting Party, provided they do not contradict the legislation of the requested Contracting Party.

2. If the requested authority is not competent to execute the request, it shall forward it to the competent authority and notify the requesting authority thereof.

3. At the request of the requesting authority, the requested authority shall promptly inform it and the interested parties of the time and place of execution of the request, so that they may be present during its execution in accordance with the legislation of the requested Contracting Party.

4. If the exact address of the person specified in the request is unknown, the requested authority shall take the necessary measures to establish the address in accordance with the legislation of the Contracting Party on whose territory it is located.

5. After executing the request, the requested authority shall return the documents to the requesting authority; if legal assistance could not be provided, it shall simultaneously notify of the circumstances preventing the execution of the request and return the documents to the requesting authority.

Article 9. Removal of witnesses, victims, civil defendants, their representatives, experts

1. A witness, victim, civil plaintiff, civil defendant and their representative, as well as an expert who, upon a summons served by the authority of the requested Contracting Party, appears before the judicial authority of the requesting Contracting Party, may not, regardless of their citizenship, be criminally or administratively prosecuted, taken into custody, or subjected to punishment on its territory for an act committed prior to crossing its state border. Such persons may also not be prosecuted, taken into custody, or subjected to punishment in connection with their testimony or expert opinions regarding the criminal case that is the subject of the proceedings.

2. The persons referred to in paragraph 1 of this Article shall lose the guarantee provided for in that paragraph if they do not leave the territory of the requesting Contracting Party, although they have the opportunity to do so within 15 days from the day the judicial authority that summoned them informs them that their presence is no longer required. This period shall not include the time during which these persons, through no fault of their own, were unable to leave the territory of the requesting Contracting Party.

3. A witness, expert, as well as a victim and his legal representative, shall be reimbursed by the requesting Contracting Party for expenses related to travel and stay in the requesting state, as well as for lost wages for days absent from work; the expert shall also be entitled to remuneration for conducting the expert examination. The summons must indicate what payments the summoned persons are entitled to receive; upon their request, the judicial authority of the requesting Contracting Party shall pay an advance to cover the relevant expenses.

4. A summons of the persons referred to in paragraph 1 of this Article, residing in the territory of one Contracting Party, to the judicial authority of the other Contracting Party shall not contain a threat of coercive measures in case of non-appearance.

Article 10. Request for Service of Documents

1. The requested judicial authority shall effect service of documents in accordance with the procedure in force in its state, if the documents to be served are written in its language or in the Russian language, or are accompanied by a translation into these languages. Otherwise, it shall hand over the documents to the recipient if he agrees to accept them voluntarily.

2. If documents cannot be served at the address indicated in the request, the requested judicial authority shall, on its own initiative, take measures necessary to establish the address. If it proves impossible for the requested judicial authority to establish the address, it shall notify the requesting authority thereof and return to it the documents to be served.

Article 11. Confirmation of Service of Documents

The delivery of documents is certified by an acknowledgment signed by the person to whom the document was delivered, affixed with the official seal of the requesting institution, and containing the date of delivery and the signature of the employee of the institution delivering the document, or by another document issued by that institution, which must indicate the method, place, and time of delivery.

Article 12. Powers of Diplomatic Missions and Consular Offices

1. The Contracting Parties have the right to deliver documents to their own citizens through their diplomatic missions or consular offices.

2. The Contracting Parties have the right, upon commission by their competent authorities, to interrogate their own citizens through their diplomatic missions or consular offices.

3. In the cases specified in paragraphs 1 and 2 of this Article, no coercive measures or threats thereof may be applied.

Article 13. Validity of Documents

1. Documents which, on the territory of one of the Contracting Parties, are drawn up or certified by an institution or a specially authorized person within the scope of their competence and in the prescribed form, and are affixed with an official seal, shall be accepted on the territories of the other Contracting Parties without any special certification.

2. Documents which are considered official documents on the territory of one of the Contracting Parties shall have the evidentiary force of official documents on the territories of the other Contracting Parties.

Article 14. Transmission of Civil Status Documents and Other Documents

1. The Contracting Parties undertake to transmit to each other, upon request, without translation and free of charge, certificates of civil status registration directly through the civil status registration authorities of the Contracting Parties, notifying citizens of the transmission of documents.

2. The Contracting Parties undertake to transmit to each other, upon request, without translation and free of charge, documents on education, work experience, and other documents concerning the personal or property rights and interests of citizens of the requested Contracting Party and other persons residing on its territory.

Article 15. Information on Legal Matters

The central justice authorities of the Contracting Parties shall, upon request, provide each other with information on the domestic legislation in force or previously in force on their territory and on the practice of its application by the justice authorities.

Article 16. Establishment of Addresses and Other Data

1. The Contracting Parties shall, upon request, provide each other with assistance in accordance with their legislation in establishing the addresses of persons residing on their territories, if this is necessary for the exercise of the rights of their citizens. The requesting Contracting Party shall communicate the data it has available for determining the address of the person specified in the request.

2. The justice authorities of the Contracting Parties shall provide each other with assistance in establishing the place of work and income of persons residing on the territory of the requested Contracting Party against whom property claims in civil, family, and criminal cases have been brought before the justice authorities of the requesting Contracting Party.

Article 17. Language

In their relations with each other when implementing this Convention, the justice authorities of the Contracting Parties shall use the state languages of the Contracting Parties or the Russian language. In the case of executing documents in the state languages of the Contracting Parties, certified translations into the Russian language shall be attached thereto.

Article 18. Expenses Related to the Provision of Legal Assistance

The requested Contracting Party shall not demand reimbursement of expenses for the provision of legal assistance. The Contracting Parties shall bear all expenses incurred in the provision of legal assistance on their territories themselves.

Article 19. Refusal to Provide Legal Assistance

A request for legal assistance may be refused in whole or in part if the provision of such assistance could prejudice the sovereignty or security or is contrary to the legislation of the requested Contracting Party. In the event of refusal of a request for legal assistance, the requesting Contracting Party shall be immediately notified of the reasons for the refusal.

Section II. LEGAL RELATIONS IN CIVIL AND FAMILY MATTERS

Part I. Jurisdiction

Article 20. General Provisions

1. Unless otherwise provided in Parts II-V of this Section, claims against persons domiciled in the territory of one of the Contracting Parties shall be brought, regardless of their nationality, in the courts of that Contracting Party, and claims against legal entities shall be brought in the courts of the Contracting Party in whose territory the management body, representative office, or branch of the legal entity is located.

If several defendants domiciled (located) in the territories of different Contracting Parties are involved in the case, the dispute shall be heard at the domicile (location) of any defendant chosen by the plaintiff.

2. The courts of a Contracting Party shall also have jurisdiction in cases where, within its territory:

a) the trade, industrial, or other economic activity of the defendant’s enterprise (branch) is carried out;

b) the obligation under the contract which is the subject of the dispute has been or must be fulfilled in whole or in part;

c) the plaintiff in a claim for the protection of honor, dignity, and business reputation has a permanent domicile or location.

3. In claims concerning the right of ownership and other rights in rem to immovable property, the courts at the location of the property shall have exclusive jurisdiction.

Claims against carriers arising from a contract for the carriage of goods, passengers, and baggage shall be brought at the location of the management of the transport organization to which the claim was duly submitted.

Article 21. Contractual Jurisdiction

1. The courts of the Contracting Parties may also hear cases in other instances if there is a written agreement between the parties to refer the dispute to these courts.

In this case, the exclusive competence arising from paragraph 3 of Article 20 and other norms established by Parts II-V of this Section, as well as from the internal legislation of the relevant Contracting Party, may not be altered by agreement of the parties.

2. If there is an agreement to refer the dispute to a court, the court shall terminate the proceedings upon the defendant’s motion.

Article 22. Interrelation of Judicial Proceedings

1. If proceedings are initiated in the courts of both Contracting Parties on the same matter between the same parties and on the same grounds, the court that initiated the proceedings later shall terminate the proceedings.

2. A counterclaim and a claim for set-off arising from the same legal relationship as the main claim shall be examined by the court hearing the main claim.

Article 22-1. Request for participation of a prosecutor in civil proceedings

The prosecutor of one Contracting Party has the right to address a request to the prosecutor of the other Contracting Party to initiate court proceedings for the protection of the rights and legitimate interests of citizens of the requesting Contracting Party, to participate in the examination of such cases, or to file a cassation or private protest, as well as a protest by way of supervision against court decisions in such cases with a higher court.

Part II. Personal Status

Article 23. Legal capacity and capacity to act

1. The capacity to act of a natural person is determined by the legislation of the Contracting Party of which that person is a citizen.

2. The capacity to act of a stateless person is determined by the law of the country in which they have their permanent place of residence.

3. The legal capacity of a legal entity is determined by the legislation of the state under whose laws it was established.

Article 24. Recognition as having limited capacity to act or as incapable. Restoration of capacity to act

1. In cases concerning the recognition of a person as having limited capacity to act or as incapable, except for the cases provided for in paragraphs 2 and 3 of this Article, the court of the Contracting Party of which that person is a citizen shall have jurisdiction.

2. If the court of one Contracting Party becomes aware of grounds for recognizing a person residing on its territory, who is a citizen of the other Contracting Party, as having limited capacity to act or as incapable, it shall notify the court of the Contracting Party of which that person is a citizen.

3. If the court of a Contracting Party, which has been notified of the grounds for recognizing a person as having limited legal capacity or as incapacitated, does not initiate proceedings or communicate its opinion within three months, the case for recognizing the person as having limited legal capacity or as incapacitated shall be examined by the court of the Contracting Party on whose territory this citizen has his or her place of residence. The decision to recognize a person as having limited legal capacity or as incapacitated shall be sent to the competent court of the Contracting Party of which this person is a citizen.

4. The provisions of paragraphs 1-3 of this article shall apply accordingly to the restoration of legal capacity.

Article 25. Recognition as Missing and Declaration of Death. Establishment of the Fact of Death

1. In cases of recognizing a person as missing or declaring a person dead, and in cases of establishing the fact of death, the judicial authorities of the Contracting Party of which the person was a citizen at the time when he or she was last known to be alive shall have jurisdiction, and with respect to other persons, the judicial authorities of the last place of residence.

2. The judicial authorities of each Contracting Party may recognize a citizen of another Contracting Party and any other person residing on its territory as missing or dead, and also establish the fact of his or her death, upon the petition of interested persons residing on its territory whose rights and interests are based on the legislation of that Contracting Party.

3. When examining cases of recognizing a person as missing or declaring a person dead, and cases of establishing the fact of death, the judicial authorities of the Contracting Parties shall apply the legislation of their own state.

Part III. Family Matters

Article 26. Marriage

The conditions for entering into marriage shall be determined for each of the future spouses by the legislation of the Contracting Party of which he or she is a citizen, and for stateless persons, by the legislation of the Contracting Party which is their permanent place of residence. In addition, with regard to impediments to marriage, the requirements of the legislation of the Contracting Party on whose territory the marriage is concluded must be observed.

Article 27. Legal Relations of Spouses

1. Personal and property legal relations of spouses are determined by the legislation of the Contracting Party on whose territory they have their common place of residence.

2. If one of the spouses resides on the territory of one Contracting Party and both spouses have the same citizenship, their personal and property legal relations are determined by the legislation of the Contracting Party whose citizens they are.

3. If one of the spouses is a citizen of one Contracting Party and the other is a citizen of another Contracting Party, and one of them resides on the territory of one Contracting Party while the other resides on the territory of the other Contracting Party, their personal and property legal relations are determined by the legislation of the Contracting Party on whose territory they had their last common place of residence.

4. If the persons referred to in paragraph 3 of this Article did not have a common residence on the territories of the Contracting Parties, the legislation of the Contracting Party whose institution is hearing the case shall apply.

5. Legal relations of spouses concerning their immovable property are determined by the legislation of the Contracting Party on whose territory this property is located.

6. In cases concerning personal and property legal relations of spouses, the justice institutions of the Contracting Party whose legislation is subject to application in accordance with paragraphs 1-3 and 5 of this Article shall be competent.

Article 28. Dissolution of Marriage

1. In cases concerning the dissolution of marriage, the legislation of the Contracting Party whose citizens the spouses are at the time of filing the application shall apply.

2. If one of the spouses is a citizen of one Contracting Party and the other is a citizen of another Contracting Party, the legislation of the Contracting Party whose institution is hearing the case of dissolution of marriage shall apply.

Article 29. Competence of Institutions of the Contracting Parties

1. In cases of divorce as provided for in paragraph 1 of Article 28, the institutions of the Contracting Party whose citizens the spouses are at the time of filing the application are competent. If, at the time of filing the application, both spouses reside in the territory of another Contracting Party, the institutions of that Contracting Party are also competent.

2. In cases of divorce as provided for in paragraph 2 of Article 28, the institutions of the Contracting Party in whose territory both spouses reside are competent. If one of the spouses resides in the territory of one Contracting Party and the other in the territory of another Contracting Party, the institutions of both Contracting Parties in whose territories the spouses reside are competent in divorce cases.

Article 30. Annulment of marriage

1. In cases of annulment of marriage, the legislation of the Contracting Party that, in accordance with Article 26, was applied at the time of the marriage is applied.

2. The competence of the institution in cases of annulment of marriage is determined in accordance with Article 27.

Article 31. Establishment and contestation of paternity or maternity

The establishment and contestation of paternity or maternity is determined by the legislation of the Contracting Party whose citizen the child is by birth.

Article 32. Legal relations between parents and children

1. The rights and obligations of parents and children, including the obligations of parents to support children, are determined by the legislation of the Contracting Party in whose territory they have their permanent joint place of residence, and in the absence of a permanent joint place of residence of parents and children, their mutual rights and obligations are determined by the legislation of the Contracting Party whose citizen the child is.

At the request of the claimant in maintenance obligations, the legislation of the Contracting Party in whose territory the child permanently resides is applied.

2. Maintenance obligations of adult children towards their parents, as well as maintenance obligations of other family members, are determined by the legislation of the Contracting Party on whose territory they had their joint place of residence. In the absence of a joint place of residence, such obligations are determined by the legislation of the Contracting Party of which the plaintiff is a citizen.

3. In cases concerning legal relations between parents and children, the court of the Contracting Party whose legislation is to be applied in accordance with paragraphs 1 and 2 of this Article shall have jurisdiction.

4. Enforcement of court decisions in cases related to the upbringing of children shall be carried out in accordance with the procedure established by the legislation of the Contracting Party on whose territory the child resides.

5. The Contracting Parties shall render mutual assistance in locating the defendant in cases concerning the recovery of maintenance, when there are grounds to believe that the defendant is on the territory of the other Contracting Party and the court has issued a ruling declaring him or her to be sought.

Article 33. Guardianship and Trusteeship

1. The establishment or termination of guardianship and trusteeship shall be carried out in accordance with the legislation of the Contracting Party of which the person in respect of whom guardianship or trusteeship is established is a citizen.

2. Legal relations between the guardian or trustee and the person under guardianship or trusteeship shall be governed by the legislation of the Contracting Party whose authority appointed the guardian or trustee.

3. The obligation to assume guardianship or trusteeship shall be established by the legislation of the Contracting Party of which the person appointed as guardian or trustee is a citizen.

4. A citizen of one Contracting Party may be appointed as guardian or trustee of a person who is a citizen of another Contracting Party, provided that he or she resides on the territory of the Party where the guardianship or trusteeship will be exercised.

Article 34. Competence of the Authorities of the Contracting Parties in Matters of Guardianship and Trusteeship

For matters concerning the establishment or revocation of guardianship and curatorship, the authorities of the Contracting Party of which the person in respect of whom guardianship or curatorship is being established or revoked is a citizen shall be competent, unless otherwise provided by this Convention.

Article 35. Procedure for taking measures on guardianship and curatorship

1. If it is necessary to take measures on guardianship and curatorship in the interests of a citizen of one Contracting Party whose permanent residence, place of stay or property is located on the territory of another Contracting Party, the authority of that other Contracting Party shall immediately notify the authority competent in accordance with Article 34.

2. In cases of urgency, the authority of the other Contracting Party may take the necessary measures in accordance with its own legislation. In doing so, it shall immediately notify the authority competent in accordance with Article 34. These measures shall remain in force until a different decision is taken by the authority referred to in Article 34.

Article 36. Procedure for transfer of guardianship or curatorship

1. The authority competent in accordance with Article 34 may transfer guardianship or curatorship to the authority of another Contracting Party if the person under guardianship or curatorship has a residence, place of stay or property on the territory of that Contracting Party. The transfer of guardianship or curatorship shall take effect from the moment when the requested authority assumes guardianship or curatorship and notifies the requesting authority thereof.

2. The authority which, in accordance with paragraph 1 of this Article, has assumed guardianship or curatorship shall exercise it in accordance with the legislation of its own state.

Article 37. Adoption

1. Adoption or its revocation shall be determined by the legislation of the Contracting Party of which the adopter is a citizen at the time of filing the application for adoption or its revocation.

2. If the child is a citizen of the other Contracting Party, adoption or its revocation requires the consent of the legal representative and the competent state authority, as well as the consent of the child, if required by the legislation of the Contracting Party of which the child is a citizen.

3. If the child is adopted by spouses, one of whom is a citizen of one Contracting Party and the other is a citizen of the other Contracting Party, the adoption or its revocation shall be carried out in accordance with the conditions provided for by the legislation of both Contracting Parties.

4. In matters of adoption or its revocation, the institution of the Contracting Party of which the adopter is a citizen at the time of filing the application for adoption or its revocation shall be competent; and in the case provided for in paragraph 3 of this Article, the institution of the Contracting Party on whose territory the spouses have or had their last joint domicile or residence shall be competent.

Part IV. Property Legal Relations

Article 38. Right of Ownership

1. The right of ownership of immovable property shall be determined by the legislation of the Contracting Party on whose territory the immovable property is located. The question of which property is immovable shall be decided in accordance with the legislation of the country on whose territory this property is located.

2. The right of ownership of vehicles subject to entry in state registers shall be determined by the legislation of the Contracting Party on whose territory the authority that registered the vehicle is located.

3. The creation and termination of the right of ownership or other real right to property shall be determined by the legislation of the Contracting Party on whose territory the property was located at the time when the action or other circumstance serving as the basis for the creation or termination of such right occurred.

4. The creation and termination of ownership rights or other property rights to assets that are the subject of a transaction shall be determined by the legislation of the place where the transaction is concluded, unless otherwise provided by the agreement of the Parties.

Article 39. Form of the transaction

1. The form of a transaction shall be determined by the legislation of the place where it is concluded.

2. The form of a transaction concerning immovable property and rights thereto shall be determined by the legislation of the Contracting Party on whose territory such property is located.

Article 40. Power of attorney

The form and validity period of a power of attorney shall be determined by the legislation of the Contracting Party on whose territory such property is located.

Article 41. Rights and obligations of the parties under a transaction

The rights and obligations of the parties under a transaction shall be determined by the legislation of the place where it is concluded, unless otherwise provided by the agreement of the parties.

Article 42. Compensation for damage

1. Obligations to compensate for damage, other than those arising from contracts and other lawful actions, shall be determined by the legislation of the Contracting Party on whose territory the action or other circumstance that served as the basis for the claim for compensation for damage occurred.

2. If the tortfeasor and the victim are citizens of the same Contracting Party, the legislation of that Contracting Party shall apply.

3. In cases mentioned in paragraphs 1 and 2 of this Article, the court of the Contracting Party on whose territory the action or other circumstance that served as the basis for the claim for compensation for damage occurred shall have jurisdiction. The victim may also bring a claim in the court of the Contracting Party on whose territory the defendant has his place of residence.

Article 43. Limitation of actions

Issues of limitation of actions shall be resolved according to the legislation that applies to the regulation of the corresponding legal relationship.

Part V. Inheritance

Article 44. Principle of equality

Citizens of each of the Contracting Parties may inherit on the territories of other Contracting Parties property or rights by law or by will on equal terms and to the same extent as citizens of that Contracting Party.

Article 45. Right of Inheritance

1. The right to inherit property, except in the case provided for in paragraph 2 of this article, shall be determined by the legislation of the Contracting Party on whose territory the deceased had his or her last permanent place of residence.

2. The right to inherit immovable property shall be determined by the legislation of the Contracting Party on whose territory such property is located.

Article 46. Escheat of Inheritance to the State

If, under the legislation of the Contracting Party applicable to the inheritance, the heir is the state, then movable hereditary property shall pass to the Contracting Party of which the deceased was a citizen at the time of death, and immovable hereditary property shall pass to the Contracting Party on whose territory it is located.

Article 47. Will

The capacity of a person to make and revoke a will, as well as the form of the will and its revocation, shall be determined by the law of the country where the testator had his or her domicile at the time of making the act. However, a will or its revocation shall not be declared invalid due to non-compliance with form if the form satisfies the requirements of the law of the place where it was made.

Article 48. Jurisdiction in Inheritance Matters

1. Proceedings in matters of inheritance of movable property shall be within the competence of the authorities of the Contracting Party on whose territory the deceased had his or her place of residence at the time of death.

2. Proceedings in matters of inheritance of immovable property shall be within the competence of the authorities of the Contracting Party on whose territory the property is located.

3. The provisions of paragraphs 1 and 2 of this article shall also apply when considering disputes arising in connection with proceedings in inheritance matters.

Article 49. Competence of Diplomatic Mission or Consular Office in Inheritance Matters

In matters of inheritance, including inheritance disputes, the diplomatic missions or consular offices of each Contracting Party are competent to represent (except for the right to renounce the inheritance) without a special power of attorney in the institutions of the other Contracting Parties the citizens of their state, if they are absent or have not appointed a representative.

Article 50. Measures for the Protection of the Estate

1. The institutions of the Contracting Parties shall take, in accordance with their legislation, the measures necessary to ensure the protection of the estate left on their territories by citizens of the other Contracting Parties, or to manage it.

2. The diplomatic mission or consular office of the Contracting Party whose national the deceased was shall be immediately notified of the measures taken pursuant to paragraph 1 of this Article. The said mission or office may participate in the implementation of these measures.

3. Upon the petition of the judicial institution competent to conduct proceedings in the inheritance case, as well as of the diplomatic mission or consular office, the measures taken in accordance with paragraph 1 of this Article may be modified, revoked, or postponed.

Section III. RECOGNITION AND ENFORCEMENT OF DECISIONS

Article 51. Recognition and Enforcement of Decisions

Each of the Contracting Parties, under the conditions provided for by this Convention, recognizes and enforces the following decisions rendered on the territory of the other Contracting Parties:

a) decisions of judicial institutions in civil and family matters, including court-approved settlements in such matters and notarial acts concerning monetary obligations (hereinafter referred to as decisions);

b) decisions of courts in criminal cases regarding compensation for damages.

Article 52. Recognition of Decisions Not Requiring Enforcement

1. Decisions entered by the judicial institutions of each Contracting Party and having entered into legal force, which by their nature do not require enforcement, shall be recognized on the territory of the other Contracting Parties without special proceedings, provided that:

a) the judicial authorities of the requested Contracting Party have not previously rendered a decision on this case that has entered into legal force;

b) the case, under this Convention, and in cases not provided for therein, under the legislation of the Contracting Party on whose territory the decision is to be recognized, does not fall within the exclusive competence of the judicial authorities of that Contracting Party.

2. The provisions of paragraph 1 of this article also apply to decisions on guardianship and curatorship, as well as to decisions on divorce rendered by authorities competent under the legislation of the Contracting Party on whose territory the decision was made.

Article 53. Petition for permission to enforce a decision

1. A petition for permission to enforce a decision shall be submitted to the competent court of the Contracting Party where the decision is to be enforced. It may also be submitted to the court that rendered the decision in the first instance. That court shall forward the petition to the court competent to rule on the petition.

2. The petition shall be accompanied by:

a) the decision or a certified copy thereof, as well as an official document stating that the decision has entered into legal force and is subject to enforcement, or that it is subject to enforcement before entering into legal force, if this does not follow from the decision itself;

b) a document showing that the party against whom the decision was rendered, who did not participate in the proceedings, was duly and timely summoned to court, and in the event of their procedural incapacity, was duly represented;

c) a document confirming partial enforcement of the decision at the time of its transmission;

d) a document confirming the agreement of the parties, in cases of contractual jurisdiction.

3. The petition for permission to enforce the decision and the documents attached thereto shall be accompanied by a certified translation into the language of the requested Contracting Party or into the Russian language.

Article 54. Procedure for recognition and enforcement of decisions

1. Petitions for recognition and permission for compulsory enforcement of decisions provided for in Article 51 shall be examined by the courts of the Contracting Party on whose territory the compulsory enforcement is to be carried out.

2. The court examining a petition for recognition and permission for compulsory enforcement of a decision shall limit itself to establishing that the conditions provided for by this Convention have been met. If the conditions are met, the court shall issue a decision on compulsory enforcement.

3. The procedure for compulsory enforcement shall be determined by the legislation of the Contracting Party on whose territory the compulsory enforcement is to be carried out.

Article 55. Refusal of recognition and enforcement of decisions

Recognition of decisions provided for in Article 52 and the issuance of permission for compulsory enforcement may be refused in cases where:

a) in accordance with the legislation of the Contracting Party on whose territory the decision was rendered, it has not entered into legal force or is not subject to enforcement, except in cases where the decision is subject to enforcement before entering into legal force;

b) the defendant did not participate in the proceedings because the summons to court was not served on him or his authorized representative in a timely and proper manner;

c) in a case between the same parties, on the same subject matter and on the same grounds, a decision that has entered into legal force has already been rendered on the territory of the Contracting Party where the decision is to be recognized and enforced, or there is a recognized decision of a court of a third state, or if proceedings in this case have already been initiated by an institution of this Contracting Party;

d) according to the provisions of this Convention, and in cases not provided for by it, according to the legislation of the Contracting Party on whose territory the decision is to be recognized and enforced, the case falls within the exclusive competence of its institution;

e) there is no document confirming the agreement of the parties on contractual jurisdiction in the case;

f) the statute of limitations for compulsory enforcement provided for by the legislation of the Contracting Party whose court executes the requests has expired.

Section IV. LEGAL ASSISTANCE AND LEGAL RELATIONS IN CRIMINAL MATTERS

Part 1. Extradition

Article 56. Obligation to extradite

1. The Contracting Parties undertake, in accordance with the conditions provided for in this Convention, to extradite to each other, upon request, persons located on their territory for the purpose of criminal prosecution or for the execution of a sentence.

2. Extradition for criminal prosecution shall be carried out for such acts which, under the laws of both the requesting and the requested Contracting Parties, are punishable and for which the penalty provided is deprivation of liberty for a term of at least one year or a more severe punishment.

3. Extradition for the execution of a sentence shall be carried out for such acts which, in accordance with the legislation of both the requesting and the requested Contracting Parties, are punishable and for which the person whose extradition is sought has been sentenced to deprivation of liberty for a term of at least six months or to a more severe punishment.

Article 57. Refusal of extradition

1. Extradition shall not be granted if:

a) the person whose extradition is sought is a national of the requested Contracting Party;

b) at the time of receipt of the request, criminal prosecution cannot be initiated or the sentence cannot be executed under the legislation of the requested Contracting Party due to the expiration of the statute of limitations or on another legal ground;

c) a final judgment or a decision to terminate the proceedings has been rendered in respect of the person whose extradition is sought for the same crime on the territory of the requested Contracting Party;

d) the crime, under the legislation of the requesting or requested Contracting Party, is prosecuted by way of private prosecution (upon the complaint of the victim).

2. Extradition may be refused if the crime in connection with which extradition is sought was committed on the territory of the requested Contracting Party.

3. In the event of a refusal of extradition, the requesting Contracting Party shall be informed of the grounds for the refusal.

Article 58. Request for Extradition

1. The request for extradition shall contain the following information:

a) the name of the requesting and requested institutions;

b) a description of the factual circumstances of the act and the text of the law of the requesting Contracting Party on the basis of which this act is recognized as a crime, indicating the penalty provided for by this law;

c) the surname, first name, patronymic of the person subject to extradition, their year of birth, citizenship, place of residence or stay, and, if possible, a description of their appearance, photograph, fingerprints, and other information about their identity;

d) data on the amount of damage caused by the crime.

2. A certified copy of the detention order must be attached to the request for extradition for the purpose of criminal prosecution.

3. A certified copy of the sentence with a note of its entry into legal force and the text of the provision of the criminal law on the basis of which the person was convicted must be attached to the request for extradition for the execution of the sentence. If the convicted person has already served part of the sentence, data on this must also be provided.

4. Requests for extradition and the documents attached thereto shall be drawn up in accordance with the provisions of Article 17.

Article 59. Additional Information

1. If the request for extradition does not contain all the necessary data, the requested Contracting Party may request additional information, for which it shall set a period of up to one month. This period may be extended by up to another month upon the petition of the requesting Contracting Party.

2. If the requesting Contracting Party fails to submit additional information within the established period, the requested Contracting Party shall release the person taken into custody.

Article 60. Search and Taking into Custody for Extradition

Upon receipt of the request for extradition, the requested Contracting Party shall immediately take measures to search for and take into custody the person whose extradition is requested, except in cases where extradition cannot be carried out.

Article 61. Taking into Custody or Detention Prior to Receipt of the Request for Extradition

1. A person whose extradition is requested may, upon petition, be taken into custody before the extradition request is received. The petition must contain a reference to the decision to take into custody or to a final judgment that has entered into legal force, and an indication that the extradition request will be submitted additionally. The petition for taking into custody before the extradition request is received may be transmitted by mail, telegraph, telex, or fax.

2. A person may be detained even without the petition provided for in paragraph 1 of this article, if there are grounds provided for by law to suspect that he or she has committed an offense on the territory of the other Contracting Party that is subject to extradition.

3. The other Contracting Party must be immediately notified of the taking into custody or detention before the extradition request is received.

Article 61-1. Search for a person before receiving the extradition request

1. The Contracting Parties shall, upon instruction, conduct a search for a person before receiving the request for his or her extradition, if there are grounds to believe that this person may be located on the territory of the requested Contracting Party.

2. The instruction to conduct a search shall be drawn up in accordance with the provisions of Article 7 and must contain as complete a description of the wanted person as possible, along with any other information enabling the establishment of his or her whereabouts, and a request to take him or her into custody, indicating that the request for extradition of this person will be submitted.

3. The instruction to conduct a search shall be accompanied by a certified copy of the decision of the competent authority to place the person in custody or of a final judgment that has entered into legal force, information on the unserved part of the sentence, as well as a photograph and fingerprints (if available).

4. The requesting Contracting Party shall be immediately informed of the taking into custody of the wanted person or of other results of the search.

Article 61-2. Calculation of the term of detention

The time spent in custody by a person taken into custody in accordance with the provisions of Articles 60, 61, 61-1 of this Convention, in the event of their extradition, shall be counted towards the total period of custody provided for by the legislation of the Contracting Party to which the person has been extradited.

Article 62. Release of a person detained or taken into custody

1. A person taken into custody pursuant to paragraph 1 of Article 61 and Article 61-1 shall be released if a notification from the requesting Contracting Party regarding the need to release this person is received, or if the request for extradition with all documents attached thereto, as provided for in Article 58, is not received by the requested Contracting Party within forty days from the date of taking into custody.

2. A person detained pursuant to paragraph 2 of Article 61 shall be released if a request for taking them into custody in accordance with paragraph 1 of Article 61 is not received within the period provided for by legislation for detention.

Article 63. Postponement of extradition

If the person whose extradition is sought is criminally prosecuted or has been convicted for another crime on the territory of the requested Contracting Party, their extradition may be postponed until the termination of criminal prosecution, the execution of the sentence, or release from punishment.

Article 64. Temporary extradition

1. If the postponement of extradition provided for in Article 63 may result in the expiration of the statute of limitations for criminal prosecution or cause harm to the investigation of the crime, the person whose extradition is sought upon request may be temporarily extradited.

2. The person temporarily extradited shall be returned after the criminal proceedings for which they were extradited have been conducted, but no later than three months from the date of transfer of the person. In justified cases, the period may be extended.

Article 65. Conflict of extradition requests

If extradition requests are received from several states, the requested Contracting Party shall independently decide which of these requests is to be satisfied.

Article 66. Limits of criminal prosecution of the extradited person

1. Without the consent of the Requested Contracting Party, the surrendered person shall not be prosecuted or punished for any offense committed prior to their surrender for which they were not surrendered.

2. Without the consent of the Requested Contracting Party, the person shall not be extradited to a third state either.

3. The consent of the Requested Contracting Party shall not be required if the surrendered person fails to leave the territory of the Requesting Contracting Party within one month after the conclusion of the criminal proceedings, or, in the case of conviction, within one month after serving the sentence or being released from it, or if they voluntarily return to that territory. The period during which the surrendered person was unable to leave the territory of the Requesting Contracting Party shall not be included in this time limit.

Article 67. Surrender of the person

The Requested Contracting Party shall notify the Requesting Contracting Party of the place and time of surrender. If the Requesting Contracting Party does not take custody of the person subject to surrender within 15 days after the set date of transfer, that person shall be released from custody.

Article 67-1. Re-arrest or taking into custody

The release of a person in accordance with paragraph 2 of Article 59, paragraphs 1 and 2 of Article 62, and Article 67 shall not preclude their re-arrest and taking into custody for the purpose of extraditing the requested person upon a subsequent request for extradition.

Article 68. Re-extradition

If the surrendered person evades criminal prosecution or serving their sentence and returns to the territory of the Requested Contracting Party, they shall, upon a new request, be extradited without the submission of the materials referred to in Articles 58 and 59.

Article 69. Notification of the results of criminal proceedings

The Contracting Parties shall inform each other of the results of criminal proceedings against the person surrendered to them. Upon request, a copy of the final decision shall also be sent.

Article 70. Transit transport

1. A Contracting Party shall, upon the request of another Contracting Party, permit the transit through its territory of persons extradited to the other Contracting Party or temporarily handed over by a third state.

2. A request for permission for such transit shall be considered in the same manner as a request for extradition.

3. The requested Contracting Party shall permit transit in such manner as it deems most appropriate.

Article 71. Expenses related to extradition and transit

Expenses related to extradition or temporary handover shall be borne by the Contracting Party in whose territory they arose, and expenses related to transit shall be borne by the Contracting Party that requested such transit.

Part 2. Exercise of criminal prosecution

Article 72. Obligation to exercise criminal prosecution

1. Each Contracting Party undertakes, upon the commission of another Contracting Party, to exercise criminal prosecution in accordance with its own legislation against its own citizens suspected of having committed a crime on the territory of the requesting Contracting Party.

2. If the crime for which proceedings have been initiated entails civil claims of persons who have suffered damage from the crime, these claims, upon their request for compensation, shall be considered in the same proceedings.

Article 73. Commission for the exercise of criminal prosecution

1. A commission for the exercise of criminal prosecution shall contain:

a) the name of the requesting authority;

b) a description of the act in connection with which the commission for prosecution is sent;

c) as precise an indication as possible of the time and place of the commission of the act;

d) the text of the provision of the law of the requesting Contracting Party on the basis of which the act is recognized as a crime, as well as the text of other legislative provisions that are essential for the proceedings;

e) the surname and first name of the suspected person, their citizenship, as well as other information about their identity;

e) statements of victims in criminal cases initiated upon the victim’s complaint, and claims for damages;

f) indication of the amount of damage caused by the crime.

The request shall be accompanied by the materials of criminal prosecution available to the requesting Contracting Party, as well as evidence.

2. When a criminal case initiated is forwarded to the requesting Contracting Party, the investigation of this case shall be continued by the requested Contracting Party in accordance with its own legislation. Each document in the case file must be certified by the official seal of the competent justice authority of the requesting Contracting Party.

3. The request and the documents attached thereto shall be drawn up in accordance with the provisions of Article 18.

4. If the accused is in custody on the territory of the requesting Contracting Party at the time of sending the request for prosecution, he/she shall be transferred to the territory of the requested Contracting Party.

Article 74. Notification of the results of criminal prosecution

The requested Contracting Party shall notify the requesting Contracting Party of the final decision. At the request of the requesting Contracting Party, a copy of the final decision shall be sent.

Article 75. Consequences of the decision

If a request for criminal prosecution was sent to a Contracting Party in accordance with Article 72 after the entry into force of a sentence or the adoption of another final decision by the institution of the requested Contracting Party, a criminal case cannot be initiated by the institutions of the requesting Contracting Party, and a case initiated by them shall not be subject to termination.

Article 76. Circumstances mitigating or aggravating liability

Each Contracting Party, when investigating crimes and considering criminal cases in courts, shall take into account the circumstances mitigating liability provided for by the legislation of the Contracting Parties, regardless of the territory of which Contracting Party they arose.

Article 76-1. Recognition of judgments

When resolving issues regarding the recognition of a person as a particularly dangerous recidivist, establishing the facts of repeated commission of a crime and violation of obligations related to a suspended sentence, deferral of execution of a sentence, or parole, the justice institutions of the Contracting Parties may recognize and take into account sentences handed down by the courts (tribunals) of the former USSR and the union republics that were part of it, as well as by the courts of the Contracting Parties.

Article 77. Procedure for considering cases within the jurisdiction of courts of two or more Contracting Parties

When one person or a group of persons is accused of committing several crimes, cases of which are within the jurisdiction of courts of two or more Contracting Parties, the court of the Contracting Party on whose territory the preliminary investigation was completed is competent to consider them. In this case, the case is considered according to the procedural rules of that Contracting Party.

Part 3. Special provisions on legal assistance and legal relations in criminal matters

Article 78. Transfer of items

1. The Contracting Parties undertake, upon request, to transfer to each other:

a) items that were used in the commission of a crime entailing the extradition of a person in accordance with this Convention, including instruments of crime; items that were acquired as a result of the crime or as a reward for it, or items that the offender received in exchange for items acquired in this way;

b) items that may be relevant as evidence in a criminal case; these items are transferred even if the extradition of the offender cannot be carried out due to his death, escape, or other circumstances.

2. If the requested Contracting Party needs the items specified in paragraph one of this Article as evidence in a criminal case, their transfer may be postponed until the completion of the proceedings in the case.

3. The rights of third parties to the transferred items remain in force. After the completion of the proceedings in the case, these items must be returned free of charge to the Contracting Party that transferred them.

Article 78-1. Temporary Transfer of a Person in Custody or Serving a Sentence of Imprisonment

1. If it is necessary to interrogate as a witness or victim a person held in custody or serving a sentence of imprisonment in the territory of another Contracting Party, or to conduct another investigative action with their participation, this person, regardless of their citizenship, may, upon a reasoned request of the interested Contracting Party, be temporarily transferred by decision of the Prosecutor General (Prosecutor) of the requested Contracting Party, provided that they are kept in custody and returned within the established period.

2. A request for the temporary transfer of a person specified in paragraph 1 of this Article shall be drawn up in accordance with the provisions of Article 7 and must also indicate the period during which the presence of this person is required in the requesting Contracting Party.

3. The temporary transfer of a person specified in paragraph 1 of this Article shall not be carried out:

a) if their consent to such transfer has not been obtained;

b) if their presence is required for preliminary investigation or judicial proceedings in the territory of the requested Contracting Party;

c) if such transfer may result in a violation of the established periods of custody or service of the sentence of imprisonment for this person.

4. The guarantees provided for in paragraph 1 of Article 9 shall apply to the person specified in paragraph 1 of this Article.

Article 79. Notification of Convictions and Information on Criminal Records

1. Each Contracting Party shall annually inform the other Contracting Parties of final convictions handed down by its courts against citizens of the respective Contracting Party, simultaneously forwarding available fingerprints of the convicted persons.

2. Each Contracting Party shall provide the other Contracting Parties, free of charge upon their request, with information on the criminal records of persons previously convicted by its courts, if these persons are being prosecuted in the territory of the requesting Contracting Party.

Article 80. Special Procedure for Communications

Communications on matters of extradition and criminal prosecution shall be conducted by the Prosecutors General (prosecutors) of the Contracting Parties.

Communications on matters of executing procedural and other actions requiring the sanction of the prosecutor (court) shall be conducted by the prosecution authorities in the manner established by the Prosecutors General (prosecutors) of the Contracting Parties.

Section V. FINAL PROVISIONS

Article 81. Issues of Application of this Convention

Issues arising from the application of this Convention shall be resolved by the competent authorities of the Contracting Parties by mutual agreement.

Article 82. Relationship of the Convention with International Treaties

This Convention shall not affect the provisions of other international treaties to which the Contracting Parties are parties.

Article 83. Procedure for Entry into Force

1. This Convention is subject to ratification by the states that have signed it. Instruments of ratification shall be deposited with the Government of the Republic of Belarus, which shall act as the depositary of this Convention.

2. This Convention shall enter into force on the thirtieth day from the date of deposit with the depositary of the third instrument of ratification. For a state whose instrument of ratification is deposited with the depositary after the entry into force of this Convention, it shall enter into force on the thirtieth day from the date of deposit of its instrument of ratification with the depositary.

Article 84. Duration of the Convention

1. This Convention shall be in force for five years from the date of its entry into force. Upon the expiration of this period, the Convention shall be automatically renewed each time for a new five-year period.

2. Each Contracting Party may withdraw from this Convention by sending a written notification thereof to the depositary 12 months before the expiration of the current five-year term of its validity.

Article 85. Temporal Effect

The effect of this Convention shall also extend to legal relations arising before its entry into force.

Article 86. Procedure for Accession to the Convention

After this Convention enters into force, other states may accede to it with the consent of all Contracting Parties by depositing instruments of accession with the depositary. Accession shall enter into force thirty days after the date on which the depositary receives the last notification of consent to such accession.

Article 87. Duties of the Depositary

The depositary shall promptly notify all states that have signed or acceded to this Convention of the date of deposit of each instrument of ratification or accession, the date of entry into force of the Convention, and of its receipt of other notifications.

Done in the city of Minsk on January 22, 1993, in a single authentic copy in the Russian language. The authentic copy shall be kept in the Archives of the Government of the Republic of Belarus, which shall transmit a certified copy thereof to the states parties to this Convention.

For the Republic of Armenia

For the Republic of Belarus

For the Republic of Kazakhstan

For the Kyrgyz Republic

For the Republic of Moldova

For the Russian Federation

For the Republic of Tajikistan

For Turkmenistan

For the Republic of Uzbekistan

For Ukraine