Статья 25«Договор между Российской Федерацией и Сирийской Арабской Республикой о взаимной правовой помощи по уголовным делам» [рус., англ.]

1. По взаимному согласию Сторон в настоящий Договор могут быть внесены изменения, которые вступают в силу в соответствии с порядком, установленным в пункте 2 настоящей статьи.

2. Настоящий Договор вступает в силу по истечении 30 дней с даты получения по дипломатическим каналам последнего уведомления Сторон о выполнении ими внутригосударственных процедур, необходимых для его вступления в силу, и остается в силе до прекращения его действия в соответствии с пунктом 3 настоящей статьи.

3. Настоящий Договор прекращает свое действие по истечении 180 дней с даты получения по дипломатическим каналам одной Стороной письменного уведомления другой Стороны о намерении прекратить его действие.

4. Прекращение действия настоящего Договора не является основанием для неисполнения запросов о правовой помощи, направленных до даты прекращения действия настоящего Договора.

Совершено в Санкт-Петербурге 29 июня 2022 г. в двух экземплярах, каждый на русском, арабском и английском языках, причем все тексты имеют одинаковую силу. В случае расхождения в толковании используется текст на английском языке.

The Russian Federation and the Syrian Arab Republic hereinafter referred to as «the Parties»;

Recognizing the existing friendly relations and cooperation between the Parties;

Desiring to provide for more effective cooperation between the Parties in combating crime;

Intending to extend to each other widest measures of cooperation in the area of mutual legal assistance in criminal matters, by concluding the present Treaty;

On the basis of respect of sovereign equality and territorial integrity, and non-interference with internal affairs;

Have agreed as follows:

1. The Parties shall, in accordance with this Treaty, grant to each other mutual legal assistance in criminal matters (hereinafter referred to as «legal assistance»).

2. Legal assistance is provided in accordance with this Treaty if the offence, in connection with which the request was issued, is criminally punishable according to the law of both Parties. The Requested Party may at its own discretion grant legal assistance also in case if the offence, in connection with which the request was received, is not criminally punishable under its law.

3. The purpose of this Treaty is exclusively granting legal assistance by one Party to the other Party. Provisions of this Treaty do not grant any right for any natural or legal person to receive or exclude evidence or to prevent execution of a request unless it is a matter of protecting the rights and freedoms of such a person.

4. This Treaty shall not grant to competent authorities of one Party the right to exercise in the territory of the other Party powers which fall exclusively within the competence of that other Party.

5. This Treaty shall apply to requests for legal assistance (hereinafter referred to as «request»), received after the entry into force of this Treaty even if the request is connected with an act or omission that took place before this date.

6. Legal assistance may also be granted in connection with investigations, prosecutions or proceedings relating to criminal offences concerning taxation/fiscal duties and customs.

1. Legal assistance shall include:

1. service of documents relating to a criminal matter;

2. taking evidence;

3. location and identification of persons and objects;

4. request for voluntary appearance of witnesses, victims, experts and other persons before the competent authority of the Requesting Party;

5. temporary transfer of persons in custody or serving sentences of imprisonment to participate in criminal proceedings in the territory of the Requesting Party as witnesses and victims or for the purpose of other criminal procedures indicated in the request;

6. taking measures on search, freezing, seizure and confiscation of proceeds of crime and the instrumentalities of crime;

7. search and seizure;

8. providing information, documents and objects;

9. execution of requests for prosecution against the nationals of the Requesting Party and stateless persons having permanent residence in its territory;

10. any other forms of legal assistance consistent with the objectives of this Treaty and not inconsistent with the law of both the Requesting and Requested Party.

2. This Treaty shall not apply to:

1. extradition of a person for criminal prosecution or execution of a sentence;

2. the transfer of sentenced persons for service of punishment.

1. In order to provide for the appropriate cooperation of the Parties in the framework of this Treaty Central Authorities for the Parties shall be appointed.

For the Russian Federation the Central Authorities shall be:

The Ministry of Justice of the Russian Federation for purposes connected with the proceedings of the courts of the Russian Federation;

The General Prosecutor's Office for all other purposes of granting legal assistance.

For the Syrian Arab Republic the Central Authority shall be the Ministry of Justice of the Syrian Arab Republic.

2. The competent authorities are the authorities duly authorized by each Party for performance of a particular act requested.

3. The Parties shall promptly notify each other through diplomatic channels in case of any change of their Central Authorities and their sphere of competence.

4. The Central Authorities of the Parties shall communicate through diplomatic channels.

5. The Central Authorities of the Parties shall execute the request directly or transmit it to the competent authority for execution.

If a Central Authority transmits the request for execution to a competent authority, it shall ensure prompt and appropriate execution of this request by the competent authority.

6. In urgent cases copies of the request and other messages can be sent directly to the Central Authority of the Requested Party or through the channels of the International Police Organization (Interpol), subject to the immediate transmission of the original request and other documents in the manner prescribed by paragraph 4 of this Article.

1. A request shall be made in writing.

2. The Requested Party shall immediately accept the request for the execution upon its delivery by telex, facsimile, electronic mail or other such type of communication providing the written transmission of the text and the original of the request shall be submitted promptly thereafter by the Requesting Party. The Requested Party shall inform the Requesting Party of the results of the execution of the request only with the condition that it receives the original of the request.

3. Request shall contain:

1. the name of the competent authority requesting legal assistance;

2. the purpose of the request and description of the requested legal assistance;

3. a description of the offence in connection with which the investigation or the judicial proceedings are conducted, legal qualification, the text of the relevant law criminalizing the offence, and also in case of necessity the nature and extent of the loss or damage caused as a result of this offence;

4. reasons for use and a description of any special procedures that the Requesting Party wishes to be followed in execution of the request;

5. identity details of the persons who are the subjects of the investigation or the court proceedings;

6. any time limit within which compliance with the request is desired by the Requesting Party;

7. identity details, including full names, family names (middle names) and addresses and also if possible telephone numbers, of the persons who are to be notified and their connection to the investigation or proceedings in progress;

8. indication of the location and description of the place, where inspection and search is required, and of the objects to be seized;

9. questions to be asked in order to obtain testimony in the Requested Party;

10. full names and official positions of persons designated by the competent authority of the Requesting Party to be present at the execution of the request as well as the grounds for their presence;

11. the need, if any, for confidentiality of the fact that the request was received, of its contents and/or of any action undertaken in connection with the request;

12. in case of request for appearance of witnesses, victims, experts and other persons in the territory of the Requesting Party, the guarantee of non-application of coercive measures or penalty in case of a failure of the person to appear in the territory of the requesting Party;

13. any other information that might be useful to the Requested Party in order to execute the request.

4. If the Requested Party considers that the information contained in the request is insufficient for its execution, that Party may request additional information.

Request, its supporting documents and additional information forwarded in accordance with this Treaty shall be accompanied by an official translation into the official language of the Requested Party or subject to preliminary agreement of the Central Authorities of the Parties into English.

1. Legal assistance shall be refused if:

1. the execution of the request would impair the sovereignty, security, public order or other essential interests of the Requested Party;

2. the execution of the request is contrary to the basic principles of law of the Requested Party or does not comply with the provisions of this Treaty;

3. the request relates to the offence for which:

a) the person was convicted or acquitted in the Requested Party in connection with the same offence;

b) the prosecution of the accused person was withdrawn by the court in the Requested Party;

c) the limitation period elapsed;

4. the request relates to a crime under military law that is not a crime under general criminal law;

5. the Requested Party has substantial reasons to believe that the request was submitted in order to persecute the person on grounds of race, gender, faith, citizenship, ethnic origin or political convictions, or the position of that person may be prejudiced because of any of these causes.

2. Bank secrecy or confidentiality of taxation may not be invoked as the ground for refusal to grant legal assistance subject to compliance with procedure of disclosure prescribed by the law of the Requested Party.

3. Legal assistance may be postponed or refused by the Requested Party if execution of the request would damage or impede an ongoing investigation or court proceedings in the territory of the Requested Party.

4. Before making a decision to postpone or refuse the execution of the request the Requested Party shall consider whether legal assistance may be granted subject to such conditions, as it deems necessary. If the Requesting Party accepts legal assistance subject to these conditions, it is obliged to comply with them.

5. If the Requested Party decides to postpone execution of, or refuse to grant, a request it shall promptly inform the Requesting Party via its Central Authority and provide reasons for that decision.

Documents transmitted pursuant to this Treaty and certified by competent or Central Authority of the transmitting Party are admissible in evidence without further legalization or any other form of certification.

At the request of the Requesting Party, the documents transmitted within the framework of this Treaty, may be certified in any other form, as indicated in the request provided that is not contrary to the law of the Requested Party.

1. The Requested Party upon request of the Requesting Party shall in accordance with its law assure the confidentiality of the fact that the request was received, of its contents or any action taken pursuant to the request, excluding the cases when the disclosure of the request is necessary for its execution.

If the execution of the request makes it necessary to remove this limitation, the Requested Party shall in writing seek the permission of the Requesting Party, without which the request shall not be executed.

2. The Requesting Party shall not use the information or evidence obtained under this Treaty without the prior permission of the Requested Party for purposes other than those indicated in the request.

3. In cases where the Requesting Party needs to disclose and use fully or in part the information or evidence for purposes other than those stated in the request, it shall seek the consent of the Requested Party, which may either agree or refuse, fully or partially, such permission, as the case may be.

1. Requests shall be executed in accordance with the laws of the Requested Party and the provision of this Treaty.

At the request of the Requesting Party, the Requested Party may grant legal assistance in form and in accordance with any special procedure indicated in the request, unless it is inconsistent with basic principles of the law of the Requested Party.

2. If the Requesting Party seeks the presence of the persons designated by its competent authority during the execution of a request, the Requested Party shall notify the Requesting Party about its decision. In case of a positive decision, the Requesting Party shall be notified beforehand of the time and the place of the execution of the request.

3. The Central Authority of the Requested Party shall timely transmit the information, documents and other evidence received consequent to the request to the Central Authority of the Requesting Party.

4. The Central Authority of the Requested Party upon the request of the Central Authority of the Requesting Party provides the information on the progress of execution of request.

5. The information contained in the paragraph 4 of this Article shall be transmitted by the Central Authority of the Requested Party to the Central Authority of the Requesting Party even if there is no request, no later than 60 days after receiving the request, if it has not been executed by that time.

6. If it is not possible to execute the request in full or in part, the Central Authority of the Requested Party shall immediately inform the Central Authority of the Requesting Party of such inability and also the reasons therefore.

1. In accordance with the request, the Central Authority of the Requested Party shall immediately serve or arrange the service of any documents relating to the criminal proceeding.

2. The Requesting Party shall transmit a request for the service of the document pertaining to a response or appearance in the territory of the Requesting Party within a reasonable time, before the scheduled response or appearance.

3. Execution of such request shall be confirmed by the document of service indicating the date and signature of the addressee or the statement of the competent authority of the Requested Party, confirming the fact, date and means of service or by notification about the impossibility of delivery, indicating the reasons. The Requesting Party shall be promptly informed of the service/non-delivery of documents.

1. In compliance with its laws, the Requested Party in its territory takes testimony of witnesses, victims and experts or produces documents, objects and evidence indicated in the request and transmits it to the Requesting Party.

2. The persons designated by the competent authority of the Requesting Party that are present at the execution of the request are allowed to formulate questions that may be put to the corresponding person through the representative of the competent authority of the Requested Party.

3. The Requesting Party observes conditions stipulated by the Requested Party in relation to any documents and objects to be transmitted to it, including conditions for the protection of third party interests in any such documents and objects.

4. Upon a request by the Requested Party, the Requesting Party, as soon as possible, returns the original documents and objects delivered to it in accordance with paragraph 1 of this Article.

1. The Requested Party provides to the Requesting Party the copies or texts of documents and information of governmental authorities, which under its laws are publicly available.

2. The Requested Party may, subject to its laws, provide to the Requesting Party any information, documents and objects in possession of a governmental authority but not publicly available, to the same extent and under the same conditions as they would be available to its own law enforcement and judicial authorities with the exception of information constituting a state secret.

The issues of transfer of information, documents and objects containing information constituting a state secret are governed by separate international treaties.

1. The Requested Party, to the extent permitted by its law, executes the requests for search, seizure and transmission of any materials to the Requesting Party related to an investigation or other procedures within criminal proceedings in the Requesting Party, provided that the request includes information sufficient to justify such a procedure under the laws of the Requested Party.

2. The Requested Party provides such information as may be necessary for the Requesting Party concerning the result of any search, the place of seizure, the circumstances of seizure and the subsequent custody of the materials seized.

The competent authorities of the Requested Party shall use their best efforts as provided for by its law to ascertain the location and identity of persons and objects specified in the request.

1. If the Requesting Party submits a request for personal appearance to testify, conduct expert examination or for other procedures with his/her participation in its territory, the Requested Party shall inform the person concerned of the request of the Requesting Party inviting to appear before its competent authorities.

2. The request for the person to appear shall contain information on the conditions and requirements to cover the cost and the expenses related to the appearance of the person invited to appear, as well as the list of guarantees which shall be provided to the person under subparagraph 12 paragraph 3 Article 4 of this Treaty.

3. The summoned person will take the decision to appear voluntarily. The Central Authority of the Requested Party shall promptly inform the Central Authority of the Requesting Party of the person's response.

1. Each of the Contracting Parties upon the request and in accordance with its law, shall prosecute its nationals and stateless persons having permanent residence in its territory who committed an offence falling under the jurisdiction of the Requesting Party.

Upon receipt of this request, the Requested Party transfers the received case-file to its competent authorities for making decision whether to initiate criminal prosecution in accordance with the law of the Requested Party.

2. A request for prosecution shall include:

1. the name of the requesting Competent Authority;

2. full name of the person, who suspectedly committed a crime, information on his/her nationality, and as far as possible, information on the domicile or residence, a description of his/her appearance, a photograph, fingerprints or any other data allowing to identify the person;

3. description and legal qualification of the offence, in connection with which the request for prosecution is forwarded;

4. precise, to the extent possible, specification of the time and place of the offence;

5. if necessary, a request to return the original documents and objects of physical evidence.

3. Request for prosecution shall be supported by the following documents:

1. investigation documents or certified copies thereof, including evidence available;

2. the text of applicable criminal law provisions and, if necessary, of the other laws of the Requesting Party which are essential for the prosecution;

3. if applicable, to the extent possible, data on the amount of damage caused;

4. applications of victims for instituting prosecution, if it is required in accordance with the laws of the Requested Party.

4. For the purpose of securing the legitimate rights of third persons, the Requested Party, upon completion of procedural acts, shall return, upon request of the Requesting Party, the original documents and objects of physical evidence.

5. The Requested Party shall notify the Requesting Party of the measures taken in connection with the request for the prosecution, of the result of the prosecution and shall forward a copy of the final decision.

6. When a request had been received, and a court judgment of the Requested Party was delivered on the person indicated in the request and the said judgment entered into force, the competent authorities of the Requesting Party can not prosecute this person for the same offence.

7. Where the Requested Party decided not to proceed with any measures relating to the request for prosecution, refused to execute it, to initiate the prosecution or withdrew it at the pre-trial stage the case-files and objects of physical evidence transferred by the Requesting Party shall be promptly returned to it.

1. A person appearing before the competent authority in the Requesting Party irrespective of his/her citizenship shall not be subjected to criminal prosecution or administrative liability, detained or subjected to any other restriction of personal liberty or punishment for any acts which preceded that person's entry into the territory of the Requesting Party.

2. The summoned person shall lose his/her right to inviolability provided for in paragraph 1 of this Article if a person, being free to leave the territory of the Requesting Party, does not leave it within a period of 15 days after the day of service to this person of a written notice that the person's attendance is no longer required by the relevant competent authority or, having left that territory, has voluntarily returned to it.

3. The summoned person shall not be forced to present evidence on any other case than that indicated in the request.

1. A person in custody or serving a sentence in the form of imprisonment irrespective of his/her citizenship, with the consent of the Central Authority of the Requested Party may be temporarily transferred to the Requesting Party to testify as a witness or a victim or for other procedural acts indicated in the request provided that the person is returned to the Requested Party within the time limit specified by it.

2. Initial term for which the person may be transmitted shall not exceed 90 days. Upon the request of the Central Authority of the Requesting Party, based on substantial grounds, the term of stay of the transferred person may be extended by the Central Authority of the Requested Party.

3. The order and the conditions of transfer and return of the person shall be coordinated by the Central Authorities of the Parties.

4. The transfer of the person or extending the term of stay of the transferred person shall be refused:

1. if the person in custody or serving a sentence in the form of imprisonment does not give consent in writing to this;

2. if participation of this person in the criminal proceedings in the territory of the Requested Party is necessary;

3. if the transfer extends the period of custody or service of sentence in the form of imprisonment of this person.

5. The Requesting Party shall hold the transmitted person in custody insofar as the decision of the competent authority of the Requested Party to hold that person in custody is in force. In case of release of the person in custody upon the decision of the Requested Party, the Requesting Party shall use the provisions of Articles 15, 17 and 19 of this Treaty in relation to that person.

6. The period of transfer of the person outside the territory of the Requested Party is regarded as part of being in custody (including service of sentence in the form of imprisonment).

The Requesting Party shall provide protection to the person appearing upon request or transferred to its territory in accordance with Articles 15 and 18 of this Treaty.

1. The Parties, in accordance with their laws, shall assist each other in search, freezing, seizure and confiscation of proceeds and instrumentalities of crime.

For the purposes of this Treaty, «proceeds of crime» mean property including monetary funds or other property derived from, directly or indirectly, as result of crime or criminal conduct, income and other benefits received from these proceeds, or property into which the proceeds were converted or transformed, or property to which the proceeds were adjoined.

2. The Requested Party shall, upon request, take measures to ascertain whether any proceeds or instrumentalities of crime are located within its jurisdiction, notify the Requesting Party of the results of its inquiries, and take measures for revealing the monetary funds and property, tracking financial operations and receiving any other information or evidence which can facilitate securing of return of the proceeds of crime. In making the request, the Requesting Party shall notify the Requested Party of the grounds for assumption that such proceeds or instrumentalities may be located in its jurisdiction.

3. Where, pursuant to paragraph 2 of this Article, the proceeds or instrumentalities of crime are found, the Requested Party shall upon request give effect to a restraining order issued by a competent authority of the Requesting Party or take such measures as are permitted by its law to prevent any dealing in, transfer or disposal of those suspected proceeds or instrumentalities of crime, pending a final determination in respect of those proceeds or instrumentalities by a court of the Requesting Party or the Requested Party.

4. The Requested Party shall, to the extent permitted by its law, give effect to a final order made by a competent authority of the Requesting Party on seizure/forfeiture or confiscation of the proceeds of crime, monetary funds or other property received as a result of crime, income and other benefits received from these proceeds, or property into which the proceeds of crime were converted or transformed, or property to which the proceeds of crime were adjoined, or of the instrumentalities used for crime as well as the seizure of property to ensure the execution of a sentence in terms of a civil claim, collection of a fine, other property penalties or possible confiscation of income.

The provisions of this Article also apply to decisions on confiscation rendered within criminal, administrative and civil proceedings.

5. In the application of this Article, the rights of bona fide third parties shall be respected under the law of the Requested Party.

6. At the request of the Requesting Party, the Requested Party shall, to the extent permitted by its laws and under any terms and conditions agreed to by the Central authorities of the Parties, transfer the proceeds or instrumentalities of crime to the Requesting Party.

The competent authorities of the Parties upon mutual agreement may provide legal assistance with using videoconferencing systems in accordance with the legislation of each of the Parties.

Consular officers of the Parties may serve judicial and extrajudicial documents, as well as obtain testimony. This right may only be exercised with respect to nationals of the sending State and without compulsion.

1. The Requested Party meets the regular costs of executing the requests for legal assistance, except that the Requesting Party shall bear:

1. the expenses associated with conducting interrogations using video conferencing;

2. the expenses associated with the travel of persons to and from its territory in accordance with Articles 15 and 18 of this Treaty and their presence in that territory, as well as other expenses including those incurred in relation to the protection of those persons and payments due to those persons;

3. the expenses and fees of experts;

4. the expenses associated with the travel and persons designated by the competent authorities of the Requesting Party at the execution of the request in accordance with Paragraph 2 Article 9 of this Treaty;

5. the expenses associated with the transition of transmitted objects from the territory of the Requested Party to the territory of the Requesting Party and back;

6. the expenses associated with compensation for damage caused to natural and legal person by lawful acts of officials and competent authorities of the Requested Party in course of execution of requests in accordance with this Treaty.

2. If execution of the request requires expenses of substantial or extraordinary nature, the Central Authorities of the Parties shall consult to determine the terms and conditions under which the requested assistance can be provided, as well as the order of expenses regulation.

1. The Parties at the request of either of them shall conduct consultations on interpretation or application of this Treaty, either generally or in relation to a particular request.

2. Disputed issues resulting from interpretation or application of this Treaty shall be resolved through diplomatic negotiations.

1. Upon the mutual agreement of the Parties, this Treaty may be amended, and such amendments shall enter into force in accordance with the procedure provided for in paragraph 2 of this Article.

2. This Treaty shall enter into force 30 days after the date of receipt through diplomatic channels of the last notification of the Parties that their respective domestic legal requirements for the entry into force of this Treaty have been complied with. It shall remain in force indefinitely unless terminated in accordance with paragraph 3 of this Article.

3. The present Treaty shall terminate 180 days after the date when either of the Parties receives through diplomatic channels a written notification by the other Party of its intention to terminate it.

4. Termination of this Treaty shall not be the ground for non-execution of any request for legal assistance received prior to the date of termination of this Treaty.

Done in duplicate at in Saint Petersburg on the 29 day of, June 2022 in the Russian, Arabic and English languages, all texts being equally authentic. In case of interpretation discrepancies, the English text shall prevail.

For the Russian Federation	For the Syrian Arab Republic

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