Статья 21«Соглашение между Российской Федерацией и Исламской Республикой Иран о передаче лиц, осужденных к лишению свободы» [рус., англ.]

1. Настоящее Соглашение 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.

2. Настоящее Соглашение 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.

3. Прекращение действия настоящего Соглашения не препятствует завершению исполнения запросов о передаче, полученных до даты прекращения его действия.

Совершено в Москве 28 марта 2017 года, что соответствует 8 фарвардина 1396 года солнечной хиджры по персидскому календарю, в двух экземплярах, каждый на русском, персидском и английском языках, причем все тексты имеют одинаковую силу. В случае расхождения в толковании используется текст на английском языке.

The Russian Federation and the Islamic Republic of Iran, hereinafter referred to as «the Parties»,

Wishing to further the development of international cooperation in the field of criminal law,

Aspiring to facilitate the process of social rehabilitation of sentenced persons

Hereby agreed as follows:

For the purposes of this Agreement, the following terms shall mean:

a) «judgment» — a final court decision imposing sentence for a committed crime. The term judgment shall also include final court decisions imposing death penalty, later substituted for a specific term of deprivation of liberty or for life imprisonment in sentencing Party by an act of amnesty or pardon;

b) «sentence» — any punishment in the form of deprivation of liberty for a specific term or for life imprisonment imposed by a judgment;

c) «sentenced person» — a person serving a sentence in the form of deprivation of liberty, imposed by a judgment;

d) «sentencing Party» — a Party a court of which has sentenced a person that may be transferred or has been transferred in order to serve the sentence;

e) «administering Party» — a Party to which the sentenced person may be transferred or has been transferred in order to serve the sentence;

f) «legal representative» — a person or an institution authorized by the legislation of any Party to act in its respective bodies in the interests or on behalf of the sentenced person.

1. The Parties shall, in accordance with the terms and conditions of this Agreement, provide each other with the widest measure of assistance in matters related to transfer of sentenced persons.

2. A person sentenced in the territory of one Party may be transferred to the territory of the other Party, in accordance with the provisions of this Agreement, in order to serve the sentence imposed. For that end, such person or his/her legal representative may apply to both the sentencing Party and the administering Party for his/her transfer, in accordance with the provisions of this Agreement.

3. The request for transfer may be submitted by both the sentencing Party and the administering Party.

1. The central authorities authorized to perform this Agreement for the Russian Federation is the Ministry of Justice of the Russian Federation and for the Islamic Republic of Iran is the Ministry of Justice of the Islamic Republic of Iran.

2. When executing this Agreement the central authorities shall communicate through diplomatic channels.

3. Each Party shall immediately notify the other Party of any changes, connected with its respective central authority, through diplomatic channels.

4. The competent authorities are the authorities duly authorized by each Party for performance of specific acts in implementation of provisions of this Agreement.

1. A sentenced person can be transferred under this Agreement only on the following conditions:

a) the sentenced person is a national of the administering Party;

b) the judgment is final and binding, and there are no proceedings pending in respect of this person;

c) at the time of receipt of request for transfer, the part of sentence to be served by the sentenced person is not less than six months. In exceptional cases, the Parties may agree on transfer if the remaining term of sentence is less than that specified above;

d) there is written consent by the sentenced person for his/her transfer for execution of sentence in the territory of the administering Party, and in case of his/her inability to freely express his/her will due to age, physical or mental condition — a written consent by his/her legal representative. The sentencing Party shall provide a consular officer or any other official of the administering Party with an opportunity to verify that the consent for transfer or rejection thereof was given voluntarily and with understanding of legal consequences of such transfer;

e) the crimes, for which the sentence was imposed, are punishable by deprivation of liberty according to criminal laws of the administering Party;

f) the sentencing Party and the administrating Party have clearly given their consent for transfer;

g) transfer of the person would not impair sovereignty, security, public order or other essential interests of any Party and would not contradict its Constitution and laws.

2. The transfer may be rejected if:

a) the punishment to be executed in the administering Party is evidently incompatible with the conditions and order of serving the sentence as specified in the judgment;

b) the sentenced person has not fulfilled any financial obligations arising from a court judgment, or if, in the opinion of the sentencing Party, the guarantees of fulfillment of such obligations are insufficient;

c) the sentence cannot be executed in the administering Party for the reasons stipulated in the laws of this Party.

1. Any sentenced person, to whom this Agreement may be applied, shall be informed by the sentencing Party of the provisions of this Agreement, as well as of legal consequences of transfer.

2. If the sentenced person applies to the sentencing Party for his/her transfer, that Party shall promptly inform the administering Party upon receipt of the sentenced person's application.

3. The sentenced person shall be informed in writing of any action and any decision taken by either Party on application for transfer.

1. Requests of a Party for transfer and responses to them shall be made in writing and directed to the other Party through the central authorities in accordance with this Agreement.

2. After receipt of the application for transfer, the central authority of the sentencing Party shall forward the request addressed to the central authority of the administering Party accompanied with:

a) information about the sentenced person (full name, date and place of birth, place of residence);

b) documents indicating the nationality of the sentenced person;

c) certified copies of the judgment and all relevant court decisions on the case and a document confirming that the judgment has become final and binding;

d) the document indicating the part of sentence served and the part of sentence to be served, as well as the document indicating behavior of the sentenced person while serving the sentence;

e) a document indicating execution of additional punishment, if any;

f) the text of provisions of the laws on account of which the person was sentenced;

g) a written consent of the sentenced person or his/her legal representative in case of the person's inability to freely express his/her will due to age, physical or mental conditions for his/her transfer;

h) the document indicating financial obligations of the sentenced person under the judgment, if any;

i) information on the state of health of the sentenced person and on the possibility of his/her transportation to the territory of the administering Party.

3. When the application is submitted to the administering Party, its central authority shall forward a request addressed to the central authority of the sentencing Party accompanied with the documents mentioned in subparagraphs «a» and «b» of paragraph 2 of this Article.

The central authority of the sentencing Party shall accompany its response to the said request with the documents mentioned in subparagraphs from «c» to «i» of paragraph 2 of this Article.

4. If necessary, the central authorities of the Parties may request any additional documents or information.

1. If the request of the central authority of the sentencing Party is granted, the central authority of the administering Party shall accompany its response with:

a) a written consent for receipt of the sentenced person for execution of the remaining part of the sentence;

b) a certified copy of the decision of the court or other competent authority on acknowledgement, if provided for by the laws of the administering Party, and execution of sentence stating the order, the term and conditions of serving the sentence by the sentenced person after his/her transfer;

c) certified extracts from legislation on which the sentenced person will serve the sentence;

d) a document indicating the nationality of the sentenced person.

2. The central authority of the sentencing Party upon rendering the decision of consent or rejection to transfer the sentenced person by the court or other competent authority of the sentencing Party and after receipt of all necessary documents shall promptly inform the central authority of the administering Party of its decision.

Upon notification of the central authority of the administering Party on the consent of the sentencing Party to transfer the sentenced person, the competent authorities of the Parties shall promptly determine the place, time and procedure of transfer of the sentenced person.

Expenses related to transfer of the sentenced person, including the expenses on transportation and transit, shall be borne by the administering Party except for the expenses incurred in the territory of the sentencing Party.

1. The administering Party shall continue enforcing of sentence in accordance with its laws.

2. The court of the administering Party shall impose, in accordance with the laws of that Party, the same term of imprisonment as that imposed by the judgment.

3. If, according to the laws of the administering Party, the maximum term of imprisonment for the crime committed is less than that imposed by the judgment, the court of the administering Party shall impose the maximum term of imprisonment provided for by the laws of that Party for committing a similar crime.

4. The part of the punishment served in the territory of the sentencing Party shall be considered in the total term of the sentence.

5. Decision on enforcing additional punishment imposed by the judgment shall be taken by the court of the administering Party, if such punishment for the crime committed is provided for by the laws of this Party. Additional punishment shall be enforced as specified in this article.

Either Party may grant pardon, amnesty, parole and commutation of sentence in accordance with its laws.

Only the sentencing Party shall be competent for appeal or review of the judgment.

After his/her transfer, the sentenced person shall not be prosecuted or proceeded against in the administering Party for the same acts as the ones on account of which the sentence was imposed in the sentencing Party.

The administering Party shall terminate, in accordance with its laws, enforcement of the sentence as soon as it is informed by the sentencing Party of any decision as a result of which the sentence ceases to be enforceable.

1. If, after the transfer of the sentenced person for serving the sentence, the judgment is changed by the court of the sentencing Party, a copy of the respective judgment and other necessary documents shall be promptly submitted to the central authority of the administering Party. The administering Party shall resolve the issue of enforcing such decision as specified in Article 10 of this Agreement.

2. If, after the transfer of the sentenced person for serving the sentence, the judgment is abolished, thus dismissing the case in the sentencing Party, a copy of the respective decision shall be promptly submitted to the central authority of the administering Party.

3. If, after the transfer of the sentenced person for serving the sentence, the judgment is abolished and a new investigation or proceeding is/are to take place, a copy of the respective decision, criminal case documents and other necessary materials shall be promptly submitted to the administering Party in order to resolve the issue of prosecution of the sentenced person under the laws of the administering Party.

1. The central authority of the administering Party shall inform the central authority of the sentencing Party of the court decision taken in order to enforce the sentence, of granting pardon, amnesty, parole or commutation of the sentence and in case of his/her escape.

2. The central authority of the administering Party, on request of the central authority of the sentencing Party, shall provide information on the process of serving the sentence after the sentenced person's transfer.

1. A party shall, in accordance with its laws, grant a request for transit of a sentenced person through its territory if such request is made by the other party, which has agreed with a third state to the transfer of that person.

2. A party may refuse to permit transit if:

a) the sentenced person is its national;

b) the offence for which the sentence was imposed is not considered as such under its laws.

3. The request for transit shall include the information specified in paragraph 2 of Article 6 of this Agreement and shall be accompanied by the documents specified in paragraph 1 of Article 6 and subparagraphs «a» and «d» of paragraph 1 of Article 7 of this Agreement.

4. The Party requested to permit transit may hold the sentenced person in custody on the basis of the decision of the court or other competent authority of that Party only for such time as transit through its territory requires.

5. Such permit is not required, if such transit is carried out by air and no landing in the territory of the other party is expected. However, that party has to be notified of any such transit over its territory.

The request and supporting documents, notifications and information shall be drawn up in the language of the requesting party and shall be accompanied with translation into the language of the requested party or English and shall not be the subject to legalization.

This Agreement shall be applicable to enforcement of sentences imposed both before and after its entry into force.

Any disputes, arising between the Parties from interpretation and implementation of this Agreement, shall be settled through consultations and negotiations.

This Agreement may be amended on the consent of both Parties.

1. This Agreement becomes binding upon expiry of 30 days from the date of receipt of the last written notice from the Parties through diplomatic channels of completion of all internal procedures as required for entry into force of this Agreement.

2. This Agreement terminates upon expiry of 180 days from the date of receipt of the other Party's written notice of its intention to terminate it through diplomatic channels.

3. The termination of this Agreement shall not impede completion of execution of any requests for transfer, received prior to a termination date.

Done in Moscow on March 28, 2017 corresponding to 8 farvardin 1396 of the Persian Calendar, in duplicate, each in the Russian, Persian and English languages, all texts being equally authentic. In case of any divergence in interpretation, the English text shall be used.

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