---
title: "\"Договор между Российской Федерацией и Арабской Республикой Египет о передаче для отбывания наказания лиц, осужденных к лишению свободы\" [рус., англ.]"
status: действует
canonical: "https://bukva.ai/docs/dogovor-mezhdu-rossiyskoy-federatsiey-i-119/statya-20"
---

# Статья 20

### <a id="p100110"></a>Статья 20

<a id="p100111"></a>Заключительные положения


1. <a id="p100112"></a>Настоящий Договор подлежит ратификации.
2. <a id="p100113"></a>Настоящий Договор вступает в силу по истечении 30 дней с даты получения по дипломатическим каналам последнего письменного уведомления Сторон о выполнении внутригосударственных процедур, необходимых для его вступления в силу.
3. <a id="p100114"></a>Настоящий Договор прекращает свое действие по истечении 180 дней с даты получения по дипломатическим каналам одной Стороной письменного уведомления другой Стороны о ее намерении прекратить его действие.

<a id="p100115"></a>Совершено в Каире 23 июня 2009 г. в двух подлинных экземплярах, каждый на русском, арабском и английском языках, причем все тексты имеют одинаковую силу. В случае возникновения разногласий используется текст на английском языке.

<div align="right">

<a id="p100116"></a>(Подписи)

</div>








**BETWEEN THE RUSSIAN FEDERATION AND THE ARAB REPUBLIC**
**OF EGYPT ON TRANSFER OF PERSONS SENTENCED TO IMPRISONMENT**
**FOR SERVING SENTENCE**

<a id="p100118"></a>(Cairo, 23.VI.2009)

<a id="p100119"></a>The Russian Federation and the Arab Republic of Egypt hereinafter referred to as the Parties,
<a id="p100120"></a>believing that legal co-operation between the Parties shall promote achievement of purposes of justice and return of the sentenced to normal life in society,
<a id="p100121"></a>believing that an opportunity to serve sentence in the state of nationality for those sentenced to imprisonment for committing a crime is necessary to achieve these purposes,
<a id="p100122"></a>having regard to necessity to ensure respect of human rights of sentenced persons, have agreed to as follows:

<div align="center">

<a id="p100123"></a>Article 1

<a id="p100124"></a>Definitions

</div>


<a id="p100125"></a>The definitions used in this Agreement shall mean the following:
<a id="p100126"></a>"sentence" - a measure punishment, which constitutes an imprisonment of a person and in relevant cases an additional punishment imposed by a court decision for committing a crime;
<a id="p100127"></a>"judgment" - a final court decision where the sentence is set forth. This Agreement is also applicable to final judgments imposing death penalty, which were later replaced in the state of passing a sentence with imprisonment according to an act of amnesty or act of pardon;
<a id="p100128"></a>"sentenced person" - a person serving sentence in form of imprisonment according to a judgment;
<a id="p100129"></a>"state of passing a sentence" - the Party where the judgment was passed regarding the person who could be or was transferred for further serving sentence;
<a id="p100130"></a>"state of serving a sentence" the Party where the sentenced person could be or was transferred for further serving sentence.

<div align="center">

<a id="p100131"></a>Article 2

<a id="p100132"></a>General obligation

</div>


<a id="p100133"></a>The Parties shall provide each other with maximal assistance in the matters of transferring sentenced persons to the state of their nationality for serving remaining part of their sentence in accordance with the provisions of this Agreement.

<div align="center">

<a id="p100134"></a>Article 3

<a id="p100135"></a>General Provisions

</div>


1. <a id="p100136"></a>The transfer of a sentenced person for serving sentence may be performed on request of the state of passing a sentence or the state of serving a sentence.
2. <a id="p100137"></a>The state of passing a sentence shall inform every sentenced person to whom this Agreement may be applied of the contents of this Agreement.
3. <a id="p100138"></a>The sentenced person or his legal representative is entitled to file an application to the competent authority of either Party for transfer of the sentenced person.
<a id="p100139"></a>The person filed an application for transfer shall promptly be notified in writing about the decision taken by the competent authority of the Party in connection with the application for transfer of the sentenced person.

<div align="center">

<a id="p100140"></a>Article 4

<a id="p100141"></a>Grounds for refusal

</div>


<a id="p100142"></a>The transfer of the sentenced person shall not take place if:
1) <a id="p100143"></a>the sentenced person is not a national of the state of serving a sentence;
2) <a id="p100144"></a>the judgment is not final;
3) <a id="p100145"></a>in accordance with the law of the state of serving a sentence the act or omission which became the ground for the sentence does not constitute a criminal offence if committed on its territory, or is punished with imprisonment;
4) <a id="p100146"></a>the transfer of the sentenced person can infringe sovereignty, security, or other essential interests of the requested Party, or contradicts the laws of the requested Party;
5) <a id="p100147"></a>there is no written concept of the sentenced person; or when he is unable to express his will freely due to his age or condition of physical or mental health - his legal representative's written consent;
6) <a id="p100148"></a>the competent authorities of the Parties have not come to an agreement on transfer of the sentenced person;
7) <a id="p100149"></a>at the moment of receiving a request for transfer the a term of imprisonment to be served by the sentenced person is less than six months. In exceptional cases the Parties may agree about the transfer even though the remaining term of serving a sentence is less than six months;
8) <a id="p100150"></a>the sentenced person is a party of pending criminal or other proceedings in the state of passing a sentence;
9) <a id="p100151"></a>the sentenced person has failed to perform any of financial obligations imposed by court decision, or in the opinion of the competent authority of the state of passing a sentence, no sufficient guaranties for performing such obligations were received;
10) <a id="p100152"></a>the sentence could not be enforced in the state of serving a sentence due to expiration of limitation period or on the basis of other circumstances set forth in the legislation of this state.

<div align="center">

<a id="p100153"></a>Article 5

<a id="p100154"></a>Competent Authorities

</div>


1. <a id="p100155"></a>For the purposes of this Agreement the competent authority of the Russian Federation shall be the Ministry of Justice of the Russian Federation and for the Arab Republic of Egypt - the Ministry of Justice of the Arab Republic of Egypt. The Competent Authorities of the Parties shall communicate with each other directly.
2. <a id="p100156"></a>The Parties shall promptly notify each other if their competent authorities are changed.

<div align="center">

<a id="p100157"></a>Article 6

<a id="p100158"></a>Request for Transfer

</div>


1. <a id="p100159"></a>For the purposes of transfer of the sentenced person for serving sentence, the competent authority of one Party shall file a relevant request to the competent authority of the other Party.
2. <a id="p100160"></a>The request shall be made in writing specifying information about identity of the sentenced person (surname, first name, patronymic, date and place of birth) as well as information about nationality of the sentenced person, which should be confirmed by a relevant document.
3. <a id="p100161"></a>The competent authority of the state of passing a sentence shall enclose the following to the request:
1) <a id="p100162"></a>certified copy of the judgment and a document confirming that the judgment has become final, if such document is set forth by the law of the state of passing the sentence;
2) <a id="p100163"></a>document about the part of sentence which has been served by the sentenced person and the part of the sentence to be served;
3) <a id="p100164"></a>document about execution of additional punishment if such was imposed;
4) <a id="p100165"></a>text of the provisions of criminal law certified by this competent authority upon which the person was sentenced;
5) <a id="p100166"></a>written consent of the sentenced person for his transfer for serving the sentence in the state of serving a sentence; if the sentenced person is unable to express his will freely due to his age or condition of physical or mental health - his legal representative's written consent. The state of passing a sentence shall provide consulate or other official of the state of serving a sentence with an opportunity to verify that consent is given voluntary;
6) <a id="p100167"></a>if necessary the reference about health condition or special features of social behavior of the sentenced and information about treating him during his serving sentence.
4. <a id="p100168"></a>The competent authorities of the Parties have a right to request additional documents or information.
5. <a id="p100169"></a>The competent authority of the requested Party shall promptly inform the competent authority of the requesting Party of its decision regarding the transfer of the sentenced person upon receipt of all the necessary documents.

<div align="center">

<a id="p100170"></a>Article 7

<a id="p100171"></a>Procedure of Transfer of the Sentenced Person

</div>


<a id="p100172"></a>Place, time and procedure of transferring the sentenced person shall be mutually agreed between the competent authorities of the Parties.

<div align="center">

<a id="p100173"></a>Article 8

<a id="p100174"></a>Execution of Sentence

</div>


1. <a id="p100175"></a>After the transfer of the sentenced person, the state of serving a sentence shall ensure further serving the sentence according to the law of the state of serving the sentence.
2. <a id="p100176"></a>The sentence shall be served under the decision of an appropriate authority of the state of serving a sentence of recognition and execution of a sentence by a court of the state of passing a sentence. The state of serving a sentence in accordance with its law shall set the same term of imprisonment as was imposed in the judgment.
3. <a id="p100177"></a>If the person was sentenced to life imprisonment and there is no such sentence for this offence or offences in the state of serving a sentence, maximal term of imprisonment set forth in the legislation of the state of serving a sentence for this offence or offences shall be imposed on the sentenced person.
4. <a id="p100178"></a>The maximal term of imprisonment stipulated by the law of the state of serving a sentence is less than the term set in the judgment, the court of the state of serving a sentence shall impose the maximal term of imprisonment stipulated by its law for this offence.
5. <a id="p100179"></a>In all cases when considering the remaining part of the sentence to be served, the part of the sentence served in the state of passing a sentence shall be regarded.
5. <a id="p100180"></a>Decision on execution of an additional punishment set forth in the judgment shall be taken by the state of serving a sentence if it is stipulated by the law of this state for the same offence.

<div align="center">

<a id="p100181"></a>Article 9

<a id="p100182"></a>Rights of the Transferred Person

</div>


1. <a id="p100183"></a>A sentenced person who was transferred to the state of serving a sentence has the same rights and bears the same legal consequences of the sentence as the person sentenced in this state for the same offence.
2. <a id="p100184"></a>A sentenced person transferred to the state of serving a sentence shall not be prosecuted for the same act or omission which became ground for his sentence in the state of passing a sentence.

<div align="center">

<a id="p100185"></a>Article 10

<a id="p100186"></a>Pardon, Amnesty and Review of the Judgment

</div>


1. <a id="p100187"></a>Both the state of passing a sentence and the state of serving the sentence have the right to grant pardon and amnesty.
2. <a id="p100188"></a>Only the competent court of the state of passing the sentence may review the judgment passed in this state.

<div align="center">

<a id="p100189"></a>Article 11

<a id="p100190"></a>Transfer of Documents

</div>


1. <a id="p100191"></a>If after the transfer of the sentenced person for serving sentence the judgment was changed by a competent court of the state of passing the sentence, or pardon or amnesty were granted to the sentenced person, the certified copies of the relevant documents shall promptly be directed to the competent authority of the state of serving a sentence.
2. <a id="p100192"></a>If after the transfer of the sentenced person the judgment was abolished ad criminal proceedings were terminated in the state of passing a sentence, certified copy of the relevant decision shall promptly be transferred for execution to the competent authority of the state of serving a sentence.
3. <a id="p100193"></a>If after transfer of the sentenced person the judgment was abolished and a new trial was set in the state of passing a sentence, the certified copy of the relevant document shall promptly be transferred to the state of serving a sentence for taking a decision according to its law.

<div align="center">

<a id="p100194"></a>Article 12

<a id="p100195"></a>Exchange of information

</div>


1. <a id="p100196"></a>The state of serving a sentence shall inform the state of passing a sentence of the procedure of enforcing sentence in particular:
1) <a id="p100197"></a>of the decision taken in regard to serving the sentence;
2) <a id="p100198"></a>of the escape of the sentenced person before his term of sentence has been served;
3) <a id="p100199"></a>of granting amnesty or pardon to the sentenced person;
4) <a id="p100200"></a>of the conditional early release of the sentenced person;
5) <a id="p100201"></a>of completion of the enforcement of the sentence.
2. <a id="p100202"></a>The competent authority of the state of serving a sentence shall submit to the competent authority of the state of passing a sentence on request the information about serving the sentence by the sentenced person.

<div align="center">

<a id="p100203"></a>Article 13

<a id="p100204"></a>Translation of documents

</div>


<a id="p100205"></a>All documents transferred within the framework of this Agreement from one Party to the other Party shall be accompanied by translation into the language of the Party-addressee, and (or) into English language and are free from legalization or any other form of certification unless otherwise stipulated by this Agreement.

<div align="center">

<a id="p100206"></a>Article 14

<a id="p100207"></a>Expenses Related to Transfer

</div>


1. <a id="p100208"></a>The state of serving the sentence shall bear all expenses connected with the transfer of the sentenced person, including his transportation.
2. <a id="p100209"></a>The state of serving the sentence shall not be entitled to the compensation for the expenses connected with the transfer of the sentenced person or further enforcement of the sentence in its territory.

<div align="center">

<a id="p100210"></a>Article 15

<a id="p100211"></a>Relation to Other International Agreements

</div>


<a id="p100212"></a>The provisions of this Agreement shall not affect the rights and obligations of the Parties arising from other international agreements in which they participate.

<div align="center">

<a id="p100213"></a>Article 16

<a id="p100214"></a>Settlement of disputes

</div>


<a id="p100215"></a>Any differences arising between the Parties regarding interpretation and application of this Agreement shall be settled by mutual negotiations between the competent authorities of the Parties or through diplomatic channels.

<div align="center">

<a id="p100216"></a>Article 17

<a id="p100217"></a>Operation of Agreement in Time

</div>


<a id="p100218"></a>The provisions of this Agreement are applicable to both persons sentenced before and after entry of this Agreement into force.

<div align="center">

<a id="p100219"></a>Article 18

<a id="p100220"></a>Arrangements of the Execution of the Agreement

</div>


<a id="p100221"></a>The procedural issues of the execution of provisions of this Agreement may be determined by the corresponding arrangements between the competent authorities of the Parties.

<div align="center">

<a id="p100222"></a>Article 19

<a id="p100223"></a>Amendments

</div>


<a id="p100224"></a>Upon mutual agreement of the Parties this Agreement may be amended. Such amendments enter into force under Clause 1 of Article 20 of this Agreement.

<div align="center">

<a id="p100225"></a>Article 20

</div>


<a id="p100226"></a>Final provisions

1. <a id="p100227"></a>This Agreement is subject to ratification.
2. <a id="p100228"></a>This Agreement shall come into force 30 days upon receipt of the last written notification of the Parties through diplomatic channels of the fulfillment of the respective internal procedures necessary for entry into force of this Agreement.
3. <a id="p100229"></a>This Agreement shall be terminated 180 after one Party receives through diplomatic channels a written notification from the other Party of its intention to terminate this Agreement.

<div align="center">

<a id="p100230"></a>Done in Cairo on the 23rd of June 2009 in duplicate in the Russian, Arabic and English, all texts have equal force. If any differences arise, the English text shall be used.

</div>




<a id="p100231"></a>

---