Convention On Legal Aid and Legal Relations in Civil, Family and Criminal Cases (Minsk, the 22-nd of January, 1993)

Convention
On Legal Aid and Legal Relations in Civil,
Family and Criminal Cases
(Minsk, the 22-nd of January, 1993)

The Convention came into effect on 19 May 1994. See the status

States - members of the Commonwealth of Independent States, participants of the present Convention, named hereafter Contracting Parties,

being guided by the desire to provide to citizens of the Contracting Parties and persons residing on their territories legal defense of personal and property rights similar to those of the native inhabitants of all Contracting Parties,

attaching great importance to the development of cooperation in the sphere of granting legal assistance in civil, family and criminal cases by judicial organs,

have agreed on the following:

PART I. GENERAL PROVISIONS

SECTION I. LEGAL DEFENSE

Article 1. Granting legal defense

1. Citizens of each Contracting Party and persons residing on its territory, have the right to use the same legal defense of their personal and property rights on territories of all Contracting Parties as native citizens.

2. Citizens of each Contracting Party and persons residing on its territory, have the right to turn freely and without obstacles to courts, prosecutor's offices and other agencies, whose competence covers civil, family and criminal cases (judicial organs, in what follows), they may make speeches there, hand petitions, bring suits and fulfil other procedural activities on the same conditions as native citizens.

3. The clauses of this Convention are also valid for juridical persons created corresponding to the laws of the Contracting Parties.

Article 2. Exemption from fees and expenses

1. Citizens of each Contracting Party and persons residing on its territory are exempted from paying fees, court and notary expenses and have the right for free juridical aid along with the native citizens.

2. Privileges stipulated by item 1 of this Article are extended to all procedural actions during a case, including taking the resolution.

Article 3. Presenting documents on family and property states

1. The privileges, stipulated in Article 2, are granted on the basis of documents on family and property states of the person handing the petition. These documents are issued by a competent organ of the Contracting Party, on whose territory the claimant resides permanently or temporarily.

2. If the claimant is not a permanent or temporary resident of the Contracting Party, then it is sufficient to present the documents issued by the diplomatic representation or consular office of the claimant's native country.

3. The establishment taking the decision of granting privileges may request some additional data or explanations from the agency that issued the documents.

SECTION II. LEGAL AID

Article 4. Granting legal aid

1. Judicial organs of the Contracting Parties grant legal aid in civil, family and criminal cases according to this Convention.