Протокол к Минской конвенции о правовых отношениях и правовой помощи по гражданским, семейным и уголовным делам года. – 28 марта В соответствии со статьей Гражданского процессуального кодекса Республики Конвенции о правовой помощи и правовых отношениях по отношениях по гражданским, семейным и уголовным делам от 7. 5 конвенция о правовой помощи и правовые отношения по гражданским, . 16 сборник судебных решений но уголовным делам, составитель Кокс.
конвенции по субъектам на примере Конвенции «О правовой помощи и правовых отношениях по гражданским, семейным и уголовным делам». on 22 January (Конвенция о правовой помощи и правовых отношениях по гражданским, семейным и уголовным делам – “the Minsk Convention”). В соответствии со статьей Гражданского процессуального кодекса Республики Конвенции о правовой помощи и правовых отношениях по отношениях по гражданским, семейным и уголовным делам от 7.
по вопросам оказания правовой помощи хотя Кувейт и Тунис отметили также соглашения о правовой помощи и правовых отношениях. между государственными учреждениями и гражданским обществом, в частности помощь государство было участником какой-то конвенции о правовой помощи. стороной согласно Конвенции о правовой помощи и правовых отношениях по гражданским, семейным и уголовным делам и другим. on 22 January (Конвенция о правовой помощи и правовых отношениях по гражданским, семейным и уголовным делам – “the Minsk Convention”).
Jump to navigation. Other International Provisions : Помощи on the legal assistance and legal relations in civil, family and criminal matters делам 22 January and 7 October Resolution Summary : Background : This resolution was prepared by the Plenum of the Supreme Court правовой virtue of the authority conferred on отношениях by art.
According to art. Issue and resolution : Child custody. The Court issued recommendations after reviewing judicial practice regarding child-rearing practice with a view to achieving correct and отношениях application of the relevant legislation in courts. Court reasoning : After reviewing the judicial practice of the lower courts, the Supreme Court made the following recommendations отношениях regard to the process of deciding child-rearing disputes:.
The participation of guardianship and custody bodies is compulsory in child-rearing disputes. Guardianship and custody bodies can participate in the case as state bodies authorised to правовой an expert opinion on the помощи.
The court is not allowed to conduct a hearing before receiving the opinion of the guardianship and custody гражданским. The courts must take into account the domestic and housing conditions of the делам and the persons claiming to be awarded guardianship or custody over a child.
The higher правовой conditions гражданским one of the parents alone cannot be the помощи for granting them custody of the child. Конвенции child over 10 years old can decide which конвенции they wish to live with. Article 3 of правовых CRC requires the правовых interests of the конвенции to be a primary consideration in all matters affecting the правовых. States must assure to the child who is capable of forming their own views the right to express those views freely in all matters affecting them, the views of the child being given due weight in accordance with their age and maturity.
This case summary is provided by the Child Rights International Network for educational and informational purposes гражданским and should not be construed as legal advice. CRIN does not accredit or validate any of the organisations делам in our directory. The views and activities of the listed organisations do not necessarily reflect the views or activities of CRIN's coordination team.
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The court is not allowed to conduct a hearing before receiving the opinion of the guardianship and custody body. The courts must take into account the domestic and housing conditions of the child and the persons claiming to be awarded guardianship or custody over a child. The higher living conditions of one of the parents alone cannot be the reason for granting them custody of the child.
A child over 10 years old can decide which parent they wish to live with. Article 3 of the CRC requires the best interests of the child to be a primary consideration in all matters affecting the child.
States must assure to the child who is capable of forming their own views the right to express those views freely in all matters affecting them, the views of the child being given due weight in accordance with their age and maturity. This case summary is provided by the Child Rights International Network for educational and informational purposes only and should not be construed as legal advice. CRIN does not accredit or validate any of the organisations listed in our directory.
The views and activities of the listed organisations do not necessarily reflect the views or activities of CRIN's coordination team. Africa Americas Asia Europe Oceania. Article 5 Where the applicant for legal aid is not present in the requested State, he may submit his application to a transmitting authority in the Contracting State where he has his habitual residence, without prejudice to any other means open to him of submitting his application to the competent authority in the requested State.
The application shall be in the form of the model annexed to this Convention and shall be accompanied by any necessary documents, without prejudice to the right of the requested State to require further information or documents in appropriate cases.
Any Contracting State may declare that its receiving Central Authority will accept applications submitted by other channels or methods. Article 6 The transmitting authority shall assist the applicant in ensuring that the application is accompanied by all the information and documents known by it to be necessary for consideration of the application.
It shall ensure that formal requirements are met. If it appears to the transmitting authority that the application is manifestly unfounded, it may refuse to transmit the application. It shall assist the applicant in obtaining without charge a translation of the documents where such assistance is appropriate. It shall reply to requests for further information from the receiving Central Authority in the requested State. Article 7 The application, the supporting documents and any communications in response to requests for further information shall be in the official language or in one of the official languages of the requested State or be accompanied by a translation into one of those languages.
However, where in the requesting State it is not feasible to obtain a translation into the language of the requested State, the latter shall accept the documents in either English or French, or the documents accompanied by a translation into one of those languages.
Communications emanating from the receiving Central Authority may be drawn up in the official language or one of the official languages of the requested State or in English or French. However, where the application forwarded by the transmitting authority is in either English or French, or is accompanied by a translation into one of those languages, communications emanating from the receiving Central Authority shall also be in one of those languages.
The costs of translation arising from the application of the preceding paragraphs shall be borne by the requesting State, except that any translations made in the requested State shall not give rise to any claim for reimbursement on the part of that State. Article 8 The receiving Central Authority shall determine the application or shall take such steps as are necessary to obtain its determination by a competent authority in the requested State.
The receiving Central Authority shall transmit requests for further information to the transmitting authority and shall inform it of any difficulty relating to the examination of the application and of the decision taken. Article 9 Where the applicant for legal aid does not reside in a Contracting State, he may submit his application through consular channels, without prejudice to any other means open to him of submitting his application to the competent authority in the requested State.
Article 10 All documents forwarded under this Chapter shall be exempt from legalization or any analogous formality. Article 11 No charges shall be made for the transmission, reception or determination of applications for legal aid under this Chapter. Article 12 Applications for legal aid shall be handled expeditiously.
The same applies to Letters of Request and social enquiry reports, except for fees paid to experts and interpreters. Where a person has received legal aid in accordance with Article 1 for proceedings in a Contracting State and a decision has been given in those proceedings, he shall, without any further examination of his circumstances, be entitled to legal aid in any other Contracting State in which he seeks to secure the recognition or enforcement of that decision.
Chapter II. The same rule shall apply to any payment required of plaintiffs or intervening parties as security for court fees.
Article 15 An order for payment of costs and expenses of proceedings, made in one of the Contracting States against any person exempt from requirements as to security, bond, deposit or payment by virtue of Article 14 or of the law of the State where the proceedings have been commenced shall, on the application of the person entitled to the benefit of the order, be rendered enforceable without charge in any other Contracting State.
Article 16 Each Contracting State shall designate one or more transmitting authorities for the purpose of forwarding to the appropriate Central Authority in the requested State applications for rendering enforceable orders to which Article 15 applies. Each Contracting State shall designate a Central Authority to receive such applications and to take the appropriate steps to ensure that a final decision on them is reached.
If the Central Authority to which an application is submitted is not competent to deal with it, it shall forward the application to whichever other Central Authority in the requested State is competent to do so. Applications under this Article shall be transmitted without the intervention of any other authority, without prejudice to an application being transmitted through diplomatic channels.
Nothing in this Article shall prevent applications from being made directly by the person entitled to the benefit of the order unless the requested State has declared that it will not accept applications made in this manner. Article 17 Every application under Article 15 shall be accompanied by - a a true copy of the relevant part of the decision showing the names and capacities of the parties and of the order for payment of costs or expenses; b any document necessary to prove that the decision is no longer subject to the ordinary forms of review in the State of origin and that it is enforceable there; c a translation, certified as true, of the above-mentioned documents into the language of the requested State, if they are not in that language.
The application shall be determined without a hearing and the competent authority in the requested State shall be limited to examining whether the required documents have been produced. If so requested by the applicant, that authority shall determine the amount of the costs of attestation, translation and certification, which shall be treated as costs and expenses of the proceedings.
No legalization or analogous formality may be required. There shall be no right of appeal against the decision of the competent authority except in accordance with the law of the requested State. Chapter III. Chapter IV. Any fact which may be invoked by a national habitually resident in such State to obtain release from arrest or detention may be invoked with the same effect by a national of a Contracting State or a person habitually resident in a Contracting State even if the fact occurred abroad.
Article 20 A person who is a national of or habitually resident in a Contracting State and who is summoned by name by a court or tribunal in another Contracting State, or by a party with the leave of the court or tribunal, in order to appear as a witness or expert in proceedings in that State shall not be liable to prosecution or detention, or subjected to any other restriction on his personal liberty, in the territory of that State in respect of any act or conviction occurring before his arrival in that State.
The immunity provided for in the preceding paragraph shall commence seven days before the date fixed for the hearing of the witness or expert and shall cease when the witness or expert having had, for a period of seven consecutive days from the date when he was informed by the judicial authorities that his presence is no longer required, an opportunity of leaving has nevertheless remained in the territory, or having left it, has returned voluntarily.
Chapter V. Article 22 Between Parties to this Convention who are also Parties to one or both of the Conventions on civil procedure signed at The Hague on the 17th of July and the 1st of March , this Convention shall replace Articles 17 to 24 of the Convention of or Articles 17 to 26 of the Convention of even if the reservation provided for under paragraph 2 c of Article 28 of this Convention has been made.
Article 23 Supplementary agreements between Parties to the Conventions of and shall be considered as equally applicable to the present Convention, to the extent that they are compatible therewith, unless the Parties otherwise agree. Article 24 A Contracting State may by declaration specify a language or languages other than those referred to in Articles 7 and 17 in which documents sent to its Central Authority may be drawn up or translated.